Legal Opinion

United States v. Stein

District Court, S.D. New York

Decided January 26, 2006No. S1 05 Crim. 0888(LAK)PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION

KAPLAN, District Judge.

Former KPMG partner Richard Smith and eighteen others, all but two formerly employed by or affiliated with KPMG, stand indicted for allegedly designing, marketing, and implementing fraudulent tax shelters for wealthy individual clients and deliberately concealing those tax shelters from the IRS. The government moves the Court for an order disqualifying attorney Robert Fink, Esq., and the firm of Kostelanetz & Fink, LLP (“K & F”), from continuing to serve as Smith’s counsel. It contends that K & F has conflicts of interest created by the prior…

2Cases cited24 opinions

  1. Wheat v. United StatesSupreme Court of the United States · 1988
  2. Wood v. GeorgiaSupreme Court of the United States · 1981
  3. T. C. Theatre Corp. v. Warner Bros. Pictures, Inc.District Court, S.D. New York · 1953
  4. United States v. Chaim LevyCourt of Appeals for the Second Circuit · 1994
  5. United States v. Harry BernsteinCourt of Appeals for the Second Circuit · 1976

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3Cited by5 opinions

  1. United States v. KerikDistrict Court, S.D. New York · 2008
  2. State v. PattersonCourt of Appeals of Minnesota · 2011
  3. United States v. DaugerdasDistrict Court, S.D. New York · 2010
  4. Chevron Corporation v. DonzigerDistrict Court, S.D. New York · 2020
  5. Walker v. RoyceDistrict Court, E.D. New York · 2021

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