Judge Lewis Kaplan’s initial decision in the Stein case left many wondering what would happen if the case landed back on his desk.  Would he dismiss the matter, or proceed to trial?  What would be the remedy for the government’s conduct/misconduct (see here) Despite government briefs that allowed for a dismissal, the court may be reconsidering this position.  Lynnley Browning  reports on this case in a NYTimes article titled, "In a Shift, Judge Demurs on Dismissing KPMG Case."

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