The 2nd Circuit has upheld the dismissal of criminal tax-shelter fraud charges against 13 former employees of accounting firm KPMG on the grounds that prosecutors interfered with their constitutional rights to counsel. Federal prosecutors had raised the specter of indictment against KPMG itself unless the company took steps to isolate those of its employees targeted in the tax-shelter probe, including cutting off assistance with legal fees for their defense.
2nd Circuit Affirms Dismissal of Criminal Charges Against KPMG Staffers
New York Law Journal
August 28, 2008