Sunday, March 5, 2006
Criminal defense attorneys have been complaining in some cases that the government has engaged in a document dump when it comes time for discovery. That is the government provides discovery by giving defense an unorganized mess of boxes that counsel is supposed to wade through in usually a short period of time. When the prosecution has been investigating someone for several years, the documents can be voluminous.
It is, therefore, ironic to see the government complaining that the defense is providing too much paper in the KPMG case. This time it is not discovery, but rather motions to dismiss the case being filed by the 19 individuals accused of criminality. The Wall Street Jrl reports here, of the " 28 briefs totaling 950 pages" filed by the defense asking for a dismissal.
The issue that is the focus is whether KPMG caved in because of the necessity to reach a deferred prosecution agreement to avoid prosecution. According to the Wall Street Journal,(here) "[t]he defendants have argued that the tax shelters at issue have never been declared illegal or improper by any court, and were thus legal."