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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.
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