- 45 - 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 aPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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