The 2nd Circuit has upheld the dismissal of criminal charges against 13 former KPMG employees on the grounds that prosecutors interfered with their constitutional rights to counsel. Thursday's ruling came shortly before a DOJ announcement that it has revised guidelines for corporate crime investigations. Prosecutors had come under sharp attack for informing KPMG, under the earlier guidelines, that assisting employees with legal fees would be considered in determining whether KPMG itself would be prosecuted.
2nd Circuit Upholds End of Cases Against Former KPMG Employees
New York Law Journal
August 29, 2008