Major Ruling in KPMG Case

In a closely-watched white collar crime case in NY, Judge Kaplan has dismissed criminal charges against 13 defendants because of the federal government’s interference with the constitutional right to counsel.

Excerpt from today’s Washington Post:

Kaplan said the Department of Justice “deliberately or callously” prevented many of the defendants from getting funds for their defense, blocking them from hiring the lawyers of their choice.

“This is intolerable in a society that holds itself out to the world as a paragon of justice,” Kaplan said, adding that he reached his conclusion “only after pursuing every alternative short of dismissal and only with the greatest reluctance.”

Previous coverage here.

Last year Cato published Trapped, which examines the problems in this area of the law.  The author, John Hasnas, spoke about his thesis here.