United States Second Circuit

Dismissal of indictment of thirteen former partners of the accounting firm KPMG for creating fraudulent tax shelters is affirmed where: 1) the government deprived defendants of their right to counsel under the Sixth Amendment by causing KPMG to place conditions on the advancement of legal fees to defendants, and to cap the fees and ultimately end them; 2) the government failed to cure the Sixth Amendment violation; and 3) no other remedy will return defendants to the status quo ante.

Appellate Information

• Decided 08/28/2008
• Published 08/28/2008

Judges

Court

• United States Second Circuit

Counsel