July 23, 2007

This Client Advisory, authored by Partners Andrew Weissmann, Robert R. Stauffer, Alex Lipman and Associate Ana R. Bugan, describes the latest development in the so-called KPMG case, namely the dismissal of charges against thirteen of sixteen former KPMG employees based on the finding by the Honorable Lewis A. Kaplan, District Court Judge for the Southern District of New York, that the government violated those defendants' Fifth and Sixth Amendment rights by causing their employer to withhold advancement of attorneys' fees.

In three previous client advisories, Jenner & Block followed the developments in this criminal case involving sixteen former KPMG employees and others accused by the government of promoting allegedly illegal tax shelters.  See Jenner & Block Client Advisories: District Court Rules the Government’s Use of the Threat of Corporate Indictment Was Unconstitutional; United States v. Stein; Second Circuit Rejects Ancillary Jurisdiction in Fee Indemnification Claim Against KPMG.