Thursday, December 7, 2006

A Blizzard of Documents

The New York Times reports (here) that prosecutors in the U.S. v. Stein case involving the prosecution of sixteen former KPMG partners and employees along with two other defendants are unleashing another round of documents on the defendants.  The government is turning over records obtained in its investigation of Deutsche Bank for its role in financing the tax shelters at issue in the case.  Defense lawyers have requested all exculpatory evidence, and apparently the government decided that the documents from that investigation substantially overlap with the tax conspiracy charges and may contain arguably exculpatory evidence under Brady.  The defendants have already received over fifteen million pages of documents from the government, many of them after the discovery cut-off, a point U.S. District Judge Lewis Kaplan noted when he indefinitely postponed the trial (see earlier post here).  Turning over the documents from a parallel investigation may add substantially to the torrent of paper already dumped on the defendants.  Prosecutors can at least argue that they are simply giving the defendants what they asked for, but a full-scale document dump will not be taken to very kindly by Judge Kaplan.  Then again, after his earlier rulings in the case, I doubt the prosecutors in the case, who are from the Southern District of New York, can fall much further in the judge's estimation. (ph)

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Prosecutions, Tax | Permalink

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