Several of the foundational rights enshrined in the Constitution after centuries
of persecution and struggle are that "No person...shall be compelled in any criminal
case to be a witness against himself," and that "the accused shall...have assistance
of counsel." These rights are so basic to our system of jurisprudence and a fair.
trial, that their infraction can never be treated as harmless. Yet, it is these very
rights which are put in jeopardy in this case through official government overbearing
and which must be addressed by this Court if the scales of justice are to be equipoised.
Neither the government, the District Court nor the Third Circuit addressed two
questions of exceptional importance:

1. Can the government without warrant or consent and in violation of state
and federal statute, covertly record a non-custodial conversation which
ignores Miranda obligations and than utilize that covertly recorded
conversation during trial to convict the accussed;

and,

2. Can the government seize funds through the indictment of another who has
no fiduciary claim to those funds, simply to hinder an individual from
obtaining the assistance of counsel prior to indictment or conviction
regardless of the intended use of the funds.

Question not identified.