Since the time that the above post was written here on May 25, 2007, subtitled Federals' Alleged Alarming Strong-Arm Tactics At Center of Dispute, many new events appear from a review of the Criminal Docket for United States v. Stein, et al., Criminal Case No. 05-0888 pending in the United States District Court for the Southern District of New York. Among them: The many defendants in the District Court Criminal proceeding have joined in a motion to dismiss the indictment on the ground of the department of justice's alleged misconduct.
This comes after the Second Circuit Court of Appeals' statement in its opinion that a motion to dismiss the indictment on that ground is appropriate. The Second Circuit's opinion was the subject of the previous post here, reversing the District Court's attempt to lead the defendants or some of them into filing an action essentially for Declaratory Relief against KPMG for payment of their Directors' and Officers' defense expenses, and the District Court's attempt to exercise jurisdiction over that Civil action in the pending Criminal proceeding.
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