In an unusual move, federal prosecutors acknowledged last week that dismissing charges against 12 of the 16 former KPMG employees facing criminal prosecution in a high-profile tax shelter case was “the appropriate remedy” for constitutional violations found last year by Southern District of New York Judge Lewis A. Kaplan.
“We continue to believe that the legal and factual premises underlying that conclusion are mistaken,” the Southern District U.S. Attorney’s Office said in documents filed late Friday in United States v. Stein, 05 Cr. 888. “But if the court’s opinion … stands, we have concluded that no remedy short of dismissal appears adequate.”
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