- 19 - problems are present in this case which will prevent a successful prosecution of the * * * matter.” The first problem was the death of Mr. Schreiber, whose presence the Department thought vital to a successful prosecution of the other subjects of the grand jury investigation. The second problem was the risk of adverse court rulings on evidentiary questions arising in connection with evidence resulting from the monitoring of Mr. Frame. OPINION I. The Motion and the Hearing The motion is made pursuant to Rules 53, 123, 142(a) and requests that this case: be dismissed, or alternatively, that the Court shift the burden of going forward with the evidence, and/or suppress evidence illegally and improperly obtained by Respondent through pervasive and egregious misconduct, which has severely and irreparably prejudiced the Tax Matters Partner’s ability to present his case. Commencing on October 4, 1999, and ending on November 5, 1999, we held a hearing at which petitioner presented evidence in support of the relief requested in the motion (the hearing). At the close of the hearing, petitioner agreed that his principal complaints were as follows: 1. A civil investigation was carried out in the guise of a criminal investigation. 2. Conversations subject to the attorney-client privilege were unlawfully monitored.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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