District Judge Kaplan Responds to Mandamus Petition: KPMG and “The Perfect Storm”

Judge Kaplan of the U.S. District Court for the Southern District of New York accepted the invitation of the Court of Appeals and on January 8, 2007, submitted a comprehensive brief in opposition to KPMG’s writ of mandamus.

KPMG challenged the district court’s order denying KPMG’s motion to dismiss ancillary claims of the KPMG individual defendants, who sought a ruling in the criminal proceeding on the advancement of defense costs.

In an interesting twist in the landmark case that held the government violated constitutional rights to due process and assistance of counsel by not allowing KPMG to fund the defense of employees, KPMG is contesting by mandamus whether the district court may properly exercise ancillary jurisdiction and decide the state civil law claim of defense cost advancement for the individual defendants in a federal criminal proceeding.

This is a highly unique case in all respects, and Judge Kaplan’s brief is worth reading for all you criminal and civil procedure buffs out there…..!

Judge Kaplan’s Brief



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