July 3, 2007
Perhaps No Dismissal in Stein (KPMG) Case
Judge Lewis Kaplan's initial decision in the Stein case left many wondering what would happen if the case landed back on his desk. Would he dismiss the matter, or proceed to trial? What would be the remedy for the government's conduct/misconduct (see here) Despite government briefs that allowed for a dismissal, the court may be reconsidering this position. Lynnley Browning reports on this case in a NYTimes article titled, "In a Shift, Judge Demurs on Dismissing KPMG Case."
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If the consensus is that the prosecution must be punished, but the judge wants to go to trial, aren't there intermediate remedies that punish the prosecution during trial? Like keeping out evidence or certain jury instructions or whatever?
Posted by: Curious Guy | Jul 4, 2007 1:08:49 PM