COURT OF APPEALS AFFIRMS DISMISSAL OF INDICTMENT DUE TO PROSECUTORIAL MISCONDUCT
In a July 23, 2007 post, we reported on a decision of a district court dismissing an indictment against former partners and employees of the accounting firm KPMG, finding that the government's conduct in placing conditions on the advancement of legal fees, capping the fees and ultimately ending the payment of fees deprived the defendants of their right to counsel, in violation of the Sixth Amendment to the United States Constitution. In a 68 page opinion, the Second Circuit has affirmed that ruling, finding that the government had failed to cure the Sixth Amendment violation, and that no other remedy would return the defendants to the status quo ante. United States v. Stein, No. 07-3042-cr (2d Cir. Aug. 28, 2008).
This post written by Rollie Goss.
