Thursday, January 24, 2008

Onto the Amici Briefs in the KPMG case

After a long list of briefs by many of the individuals in the KPMG related matter, things are now turning to the briefs of the amici.  We have three to report on here:

1) Brief of Amici Former Attorney General and U.S. Attorneys in Support of Affirmance.

Clearly this is an extremely strong brief.   Having Walter Dellinger as counsel of record and names like --Dick Thornburgh, Edwin Meese III, William Weld, and Stuart Gerson -- as some of the amici, certainly doesn't hurt.  This brief is also powerful in its content.  A sampling of the brief can be seen in this passage below:

"First, based on their experience in the Department, amici believe the prosecutors’ conduct in this case, in addition to violating the Fifth and Sixth Amendments of the Constitution, was inconsistent with the high standards of conduct that should be expected of lawyers at the DOJ. Department lawyers of course should not use tactics that deprive defendants of their constitutional rights. Nor should they seek to gain litigation advantage by attempting to undermine a defendant’s legal representation."

The amici show their disagreement with DOJ's tactic here:

"the tactics at issue in this case, in addition to being inappropriate, are wholly unnecessary to the prosecution of corporate crime."

See Brief here -

Download 20080123_former_ag_amici_brief_tj252.pdf

2) Brief of the Washington Legal Foundation.

If anyone had any question as to whether an alleged error here might have been harmless, they need only read this brief. The brief advocates for the dismissal granted in this case.

See Brief here -

Download 20080123_wlf_amicus_brief_tj252.pdf

3) Brief of the Securities Industry & Financial Markets Association -

This brief was submitted "to address the principles supporting the common practice of companies advancing attorneys' fees to their officers, directors, and employees."

See Brief here -

Download 073042cr_usa_v. Stein, et.pdf

(esp)

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Comments

"the tactics at issue in this case, in addition to being inappropriate, are wholly unnecessary to the prosecution of corporate crime."

Well even assuming that is true, so what?

The gov is going ot win this one

Posted by: lawdevil | Jan 25, 2008 9:09:25 AM

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