Michael London - Page 45

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                  electronic surveillance, in violation of 18                         
                  U.S.C. �2518(1)(c).  * * *                                          

             The Court of Appeals rejected Mr. London's position and                  
             affirmed the District Court's denial of the suppression                  
             motion.  United States v. London, supra.                                 
                  In Fleming v. United States, supra, the court                       
             rejected the taxpayer's argument that the contents of the                
             intercepted communications should be suppressed under 18                 
             U.S.C. section 2515 because the disclosure of the evidence               
             to revenue agents was not authorized by 18 U.S.C. section                
             2517.  In view of ambiguities that the court found in 18                 
             U.S.C. sections 2515 and 2517, the court interpreted the                 
             statute in light of its purposes and found that no purpose               
             would be served by excluding lawfully seized evidence.  See              
             Fleming v. United States, supra at 875.  The court set                   
             forth its holding as follows:                                            
                  We hold only that evidence derived from                             
                  communications lawfully intercepted as part of                      
                  a bona fide criminal investigation that results                     
                  in the taxpayer's conviction may properly be                        
                  admitted in a civil tax proceeding, at least                        
                  when the evidence is already part of the public                     
                  record of the prior criminal prosecution.  * * *                    

             Similarly, we can see no purpose in suppressing, in this                 
             civil tax proceeding, the contents of the intercepted                    
             communications which were lawfully seized as part of a                   








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