Federal Judge Kaplan’s Order Dismissing Criminal Charges Against former KPMG Employees is becoming The Spear Head of A Political Climate That Has Turned Against Federal Prosecutors Using John Gotti Prosecution Tactics Against Every Little Criminal Defendant That Is Charged With A Crime.

In the latest brief the defendants argue that Judge Lewis Kaplan was right in finding that “absent the government’s pressure, KPMG would have paid” their legal fees “both before and after indictment–just as it always had,” and that their Fifth and Sixth Amendment rights had thus been violated. WSJ

RICO-ing John Gotti and Denying Gotti his Counsel of Choice were the corner stones to the Government’s final successful prosecution of John Gotti. After a number of failed prosecutions of Gotti, the Government got Bruce Cutler disqualified to represent Gotti.

John Gotti Prosecution Tactics are now being used by the likes of Virgnia Beach and Luzerne County against gay escorts. RICO-ing Hookers has to go down in legal history as the ultimate example of John Gotti Prosecution Tactics GONE WILD.

Well, while Congress may not have any fondness for Harlow Cuadra and Joseph Kerekes in particular (or Gay Escorts in general), Cuadra and Kerekes could end up being the beneficiaries of a Political Climate in Washington that has turned against the kind of Prosecutorial Abuse that has prosecutors treating every little guy charged with a crime as if he was John Gott.

Congress has reportedly proposed legislation that would prevent prosecutors from trying to make it difficult for a defendant to be able to retain the legal counsel of his choice.

The Order of Judge Kaplan in the KPMG Case is now on Appeal to The Second Circuit in New York and there are rumors that the case could end up being used by The US Supreme Court to put an end to “John Gotti Prosecution Tactics Gone Wild”. The Government is mainly concerned with the tactics being used on “Corporate Defendants”.

The 13 defendants in the “the largest criminal tax case in American history,” which was dismissed last summer and is now on appeal before the Second Circuit, filed their reply electronically this evening. (Click here for a copy of the 106-page brief.) Oral arguments haven’t yet been scheduled.

A federal judge in Manhattan had dismissed the case, brought against former KPMGers over allegedly fraudulent tax shelters, after finding that prosecutors violated their constitutional rights by pressuring KPMG to cut off payment of their legal fees. Prosecutors deny placing any undue pressure on KPMG. WSJ