At a hearing Monday, Southern District of New York Judge Lewis A. Kaplan in United States v. Stein, 05 Crim. 888, did not decide whether he would dismiss criminal tax fraud charges against 12 of 16 former KPMG partners. Instead, the judge gave the ex-partners until July 9 to submit under seal evidence demonstrating that they do not have the financial means to fund a defense.

He also told government attorneys to submit an estimate of how much reasonable legal services for the defendants would cost in this case.