August 2006

By Andrew J. Entwistle and Alix R. Rubin — The Business Suit, DRI

The Southern District of New York recently issued a harsh reproach to federal prosecutors who Pressure corporations under criminal investigation to refuse to advance their indicted employees' legal fees. In what has been described as the largest tax fraud case in United States history, the Soulhern District held that this increasingly common government practice is unconstitutional because it violates the employees' right to a fair trial pursuant to the Fifth Amendment, as well as their Sixth Amendment right to counsel.

Download: Full article (PDF, 139.63 K)