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Indicted Ex-KPMG Employees Sue Company for Legal Fees
Sixteen former employees of accounting firm KPMG have sued to compel the company to advance their legal fees and expenses in connection with a federal probe of an illegal tax shelter scheme. The suit, filed in federal court late Monday, follows an invitation last month by Southern District of New York Judge Lewis A. Kaplan, who ruled that prosecutors had violated the defendant employees' Fifth and Sixth Amendment rights by coercing KPMG into capping legal fees for the former employees.Federal Judge Blasts U.S. Pressure on KPMG Case Fees
Saying the government "let its zeal get in the way of its judgment," Southern District of New York Judge Lewis Kaplan delivered a harsh rebuke to prosecutors Tuesday for pressuring KPMG to cut off legal fees for employees unwilling to cooperate in the nation's largest tax fraud investigation. The decision has been eagerly anticipated by defense groups and business organizations who are increasingly concerned at prosecutorial tactics they believe are eroding defendants' rights to counsel and a fair trial.Lawyers Spar Over KPMG Legal Defense Fee Policy
In a Monday hearing, a prosecutor insisted the government never demanded or implied that KPMG cut off legal fees for employees who refused to fully cooperate with its probe into allegedly illegal tax shelters. Defense lawyers for the 18 people charged in the massive tax shelter case claim that the government used deferred prosecution as an incentive to improperly force KPMG to abandon its longstanding practice of paying attorney fees for partners and employees.Mayer, Brown's Echoes of Enron
A lawsuit against Mayer, Brown may be a harbinger of what Enron's law firms face.Insider Trading Rules About to Change
Starting Oct. 23, a little-noticed Securities and Exchange Commission rule will permit employees to legally trade their company's shares even if they are aware of material inside information. The catch: Trades must be made under a written plan created before the insider knew of the stock-sensitive development. The rule could be a boon for corporate executives and employees of smaller companies.Claims Narrowed in Livent Suit
Deloitte & Touche won dismissal from a securities class action stemming from disclosures that Livent, the Canadian-based theatrical production company, used accounting artifices to overstate its income by more than $98 million (in Canadian dollars) over three years. A federal judge in New York similarly dismissed damage claims for securities fraud against three outside directors of Livent, but ruled the class action could proceed against four of the company's executives.Locke Liddell Sued for Allegedly Helping Client in Ponzi Scheme
Texas' Locke Liddell & Sapp is facing a lawsuit alleging it aided a client's plan to defraud investors through a Ponzi scheme, in which $26 million went through the Locke Liddell Interest on Lawyers Trust Account -- money the plaintiffs allege wasn't used for legitimate investments. The suit comes five months after Locke Liddell paid $22 million to settle a previous investor fraud suit.From what we gather, accused swindler extraordinaire Bernard Madoff was an immensely charitable man. If we were the Psychology Daily we might suggest something about salving a guilty conscience, but we're the Litigation Daily. So instead we'll offer thanks to Madoff on behalf of the white-collar criminal defense and securities class action lawyers for whom his alleged $50 billion fraud--said to be the largest in Wall Street history--has already begun to provide gainful employment.
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