- 46 -
bona fide criminal investigation that resulted in
Mr. London's conviction and which previously were made
part of the public record in that criminal prosecution.
Spatafore v. United States, supra; Griffin v. United
States, supra; Fleming v. United States, supra; Estate
of Best v. Commissioner, supra.
The case on which petitioners rely, United States v.
Brodson, 528 F.2d 214 (7th Cir. 1975), is distinguishable.
In that case, the Government sought and received
authorization to intercept telephone conversations for the
purpose of investigating a violation of 18 U.S.C. section
1955, which prohibits the operation of an illegal gambling
business in interstate commerce. Nevertheless, the
Government presented the intercepted conversations to a
grand jury and obtained the defendant's indictment under
18 U.S.C. section 1084, which prohibits the transmission
of wagers and wagering information in interstate commerce.
United States v. Brodson, supra at 215. The Government
failed to seek an order under 18 U.S.C. section 2517(5)
until approximately 8 months later, just prior to trial.
United States v. Brodson, supra. Unlike the instant cases,
United States v. Brodson, supra, involved an attempted use
by the Government of the fruits of a wiretap to prove a
Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 NextLast modified: May 25, 2011