The U.S. Court of Appeals for the Second Circuit has 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.
Acting under the guidelines set forth by the U.S. Justice Department’s Thompson Memorandum, federal prosecutors had raised the specter of indictment against KPMG itself unless the company took steps to isolate those of its employees targeted in the tax-shelter probe, including cutting off assistance with legal fees for their defense.
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