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June 27, 2006

"The government ... has let its zeal get in the way of its judgment. It has violated the Constitution it is sworn to defend."

As Peter Lattman notes here at the WSJ Law Blog, SDNY District Judge Lewis Kaplan (who, in this small world, once was my "partner buddy" when I was a summer associate) has this great quote at the end of his introduction to a remarkable 88-page opinion in the KPMG litigation.  The Law Blog provides highlights here and here on the ruling, available here, in which Judge Kaplan ruled that federal prosecutors violated the constitutional rights of former KPMG partners by pressuring the firm not to pay their legal bills.

In addition, the White Collar Crime Prof Blog has a series of strong posts on Judge Kaplan's work.

UPDATE:  Dave Hoffman has an extended post on the KPMG ruling here at Concurring Opinions.

June 27, 2006 at 11:56 AM | Permalink

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WhiteCollarCrimeProfBlog points to Judge Lewis Kaplan's 83 page Order, in which he holds that 1) the Tompson memo is unconstitutional; 2) sovereign immunity bars an award of sanctions against the government (because there is no specific statute providi... [Read More]

Tracked on Jun 27, 2006 12:13:45 PM

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