Claiming that the government has been “of no assistance in remedying the harm” it caused to its clients, attorneys for 16 former partners at accounting firm KPMG have asked Southern District of New York Judge Lewis A. Kaplan to dismiss criminal tax fraud charges filed against them.
In legal papers filed late Friday in United States v. Stein, 05 Cr. 888, the defendants claim that “because the government’s pattern of misconduct in this case ‘shocks the conscience’ Rochin v. California, 342 U.S. 165, 172 (1952), and because no other remedy would adequately restore the status quo prior to the constitutional violations, the indictment should be dismissed with prejudice.”
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