Thursday, August 28, 2008
Second Circuit Affirms Dismissal of Indictment Against Former KPMG Partners and Employees Because of 6th Amendment Violation
In a major victory for the white collar defense bar, the Second Circuit affirmed the district court's dismissal of the indictment against former KPMG partners and employees because the government deprived the defendants of their Sixth Amendment right to counsel by causing KPMG to place conditions on the advancement of legal fees and to cap the fees and ultimately end them. U.S. v. Stein (2d Cir. August 28, 2008).