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The emerging prosecution scandal

Federal judge Lewis Kaplan said in a hearing on criminal charges against KPMG defendants that he's "bothered" by government conduct pressuring KPMG into not paying individual defendants' legal costs in exchange for not going forward with criminal charges that could put the corporation out of business. I recently wrote on this issue in another case. Here are the WSJ and Law Blog reports.

Add this to the possibility of a Fifth Circuit condemnation of prosecution tactics in the Nigerian Barge case, all in the midst of the big Enron trial.

The press likes to make big scandals out of bunches of stories of corporate misconduct. I wonder if it will do the same for government misconduct in prosecuting these cases.

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A big scandal may be emerging out of government misconduct in prosecuting corporate misconduct. Recent indications include comments by a federal judge in a hearing on criminal charges against KPMG defendants, and a looming Fifth Circuit opinion in the ... [Read More]

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