The 2nd U.S. Circuit Court of Appeals has upheld the dismissal of criminal tax-shelter fraud charges against 13 former employees of accounting firm KPMG on the ground that prosecutors interfered with their constitutional right to counsel.
Thursday’s ruling came shortly before a U.S. Department of Justice announcement that it has revised its guidelines for the investigation and prosecution of corporate crimes. Among the changes, which are effective immediately, 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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