Michael London - Page 43

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             any person whose wire, oral, or electronic communication is              
             intercepted, disclosed, or intentionally used in violation               
             of Title III.                                                            
                  It is unnecessary in the instant cases for us to                    
             follow the above cases and to decide that, as a matter of                
             law, the statutory suppression rule set forth in 18 U.S.C.               
             section 2515 is never applicable as a sanction for                       
             violation of section 2517.  To decide these cases, it is                 
             only necessary to conclude, as we do, that the facts and                 
             circumstances are such that suppression is not                           
             an appropriate remedy.  The same approach was taken in                   
             Fleming v. United States, 547 F.2d 872 (5th Cir. 1977).                  
             See Spatafore v. United States, 752 F.2d 415, 417-418 (9th               
             Cir. 1985); Griffin v. United States, 588 F.2d 521, 524-526              
             (5th Cir. 1979); Estate of Best v. Commissioner, 76 T.C.                 
             122, 141-142 (1981).                                                     
                  In these cases, like Fleming v. United States, supra,               
             the subject communications were lawfully intercepted during              
             a duly authorized wiretap, and the court orders authorizing              
             or approving the original interception and its extension                 
             were sought in good faith and not as subterfuge.  In fact,               
             Mr. London's jury conviction of conspiring to conduct and                
             actually conducting the affairs of an enterprise through a               








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