July 16, 2007 2:49PM 

# Major Ruling in KPMG Case 

By [Tim Lynch](https://www.cato.org/people/tim-lynch) 

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In a closely-watched white collar crime case in NY, Judge Kaplan has dismissed criminal charges against [13 defendants](http://www.washingtonpost.com/wp-dyn/content/article/2007/07/16/AR2007071600706.html) 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.
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> “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](https://www.cato.org/2006/06/28/judge-to-federal-prosecutors-put-those-guns-away-tell-the-truth/).

Last year Cato published *[Trapped](http://www.catostore.org/index.asp?fa=ProductDetails&method=&pid=1441292)*, which examines the problems in this area of the law. The author, John Hasnas, spoke about his thesis [here](https://www.cato.org/events/041720006.html).

##### Related Tags 

[Constitutional Law](https://www.cato.org/constitutional-law), [Robert A. Levy Center for Constitutional Studies](https://www.cato.org/robert-levy-center-constitutional-studies) 

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