I picked this item up from the White Collar Crime Prof Blog here. The item is not not a federal tax crimes item but I include it because federal tax crimes is a subset of white collar crime generally and the genre of conduct in this item is seen in tax cases (most notably the United States v. Stein case which I have discussed previously here).
In this option backdating case, a district judge has dismissed the indictments for what appears to be the same genre of abuse, although perhaps worse, than encountered in Stein. I will let the court and the facts speak for themselves. The full opinion is here, but the following is the guts of the order as it was read into the record:
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