- 29 - actions, and petitioner has failed to demonstrate any harm to the partnership on account of such recording. Petitioner’s complaint with respect to respondent’s monitoring or recording of conversations fails to establish any ground on which to base any sanction of respondent in this case. VII. "Use of fraud, deceit and trickery in order to procure evidence for a criminal investigation.” A. Introduction In the motion, petitioner claims: The Respondent’s civil examination of the AMCOR partnerships began in May 1988. Although a concurrent criminal investigation of the partnerships was ongoing, the Respondent’s agents failed to notify AMCOR or its general partners. Moreover, during the time the two investigations were proceeding concurrently, civil agents, acting as undercover criminal investigators, collected thousands of pages of documents from the AMCOR partnerships. These are the very documents Respondent wishes to introduce as evidence during the trial of this matter. Petitioner demands: Documents voluntarily disclosed to Respondent’s civil examination agents during the time such agents were acting as undercover criminal agents, should be suppressed. United States v. Tweel, 550 F.2d 297, 299 (5th Cir. 1977). Information voluntarily produced by a taxpayer cooperating with what he believes to be a civil investigation must be suppressed if he was misled and the investigation really was criminal. Id. In petitioner’s memorandum, he states: This case involves a clandestine criminal investigation supported by civil agents, with the specific purpose of obtaining evidence of criminal and civil fraud. The result, however, was that Respondent illegally acquired substantial volumes of documents, interviews and otherPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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