In an unusual move, federal prosecutors acknowledged last week that dismissing charges against 12 of the 16 former KPMG employees facing criminal prosecution in a high-profile tax shelter case was “the appropriate remedy” for constitutional violations found last year by Southern District of New York Judge Lewis A. Kaplan.

“We continue to believe that the legal and factual premises underlying that conclusion are mistaken,” the Southern District U.S. Attorney’s Office said in documents filed late Friday in United States v. Stein, 05 Cr. 888. “But if the court’s opinion … stands, we have concluded that no remedy short of dismissal appears adequate.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]