Circuit Upholds End of Cases Against Ex-KPMG Employees

, New York Law Journal

The Second Circuit yesterday upheld the dismissal of criminal tax-shelter-fraud charges against 13 former employees of accounting firm KPMG on the grounds that prosecutors interfered with their constitutional rights to counsel. The ruling came shortly before a Department of Justice announcement that it has revised its guidelines for the investigation and prosecution of corporate crimes. Among the changes is an explicit statement that prosecutors evaluating a company's cooperativeness are not to consider whether a company has advanced legal fees to employees.

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