The opinion of the court was delivered by: Roszkowski, District Judge.
On January 12, 1985, defendant Ron Wynn was indicted by a
federal grand jury in an eight count indictment charging him
with violations of 18 U.S.C. § 2512(1)(a), (b) and (c). Count
I charged Wynn with a violation of Section 2512(1)(c) for
various devices primarily designed for the surreptitious
interception of wire or oral communications.*fn1 Counts II,
III and IV charge Wynn with violations of Section 2512(1)(a)
for mailing various devices primarily designed for the
surreptitious interception of wire or oral
communications.*fn2 Counts V, VI and VII charge Wynn with
violations of Section 2512(1)(b) for selling the various
devices of Counts II, III and IV, respectively.*fn3 Count
VIII charges Wynn with an additional violation of Section
2512(1)(b) for selling various other devices primarily
designed for surreptitious interception of wire or oral
The parties have submitted stipulated facts to this court.
While the parties have suggested that oral argument might aid
this court in disposition of this matter, a full review of the
evidence submitted has proven such a hearing unnecessary; the
concise argumentative memoranda presented by the parties
adequately substitutes for any additional oral argument. For
the reasons stated herein, this court finds defendant Wynn
guilty as to all counts.
The undercover investigation that led to the indictment in
this case began in the spring of 1984. The investigation was
initiated by Special Agent Kerry Galloway, supervisor of the
Technical Investigation Section, Division of Criminal
Investigation of the Illinois Department of Law Enforcement.
Posing as Terry Bergschneider a private investigator for
ABLE Detective Agency, on April 24, 1984 Special Agent
Galloway mailed Wynn a letter requesting that Wynn send him a
copy of Wynn's literature and pricing information concerning
electronic surveillance equipment. Gov't Exhibit # 1. On May
14, 1984, Special Agent Galloway received an envelope from
Wynn containing a publication entitled "Electronic
Eavesdropping and Secure Communications."*fn4 This catalog
contained seven pages of advertisements for electronic
devices. Gov't Exhibit # 3.
The mailing of this catalog forms the basis of Count I.
The next definite contact that Special Agent Galloway had
with Wynn was on June 1, 1984. On that day, he placed a
recorded telephone call to Wynn in Houston from the
Springfield office of the Division of Criminal Investigation.
Galloway identified himself as being with the ABLE Detective
Agency in Springfield, Illinois. Galloway told Wynn that he
was interested in a Model PT-103 Drop-In Telephone Microphone.
Galloway told Wynn that he would be using the PT-103 in a
"business complex" and was concerned with the range and
security of the signal. Wynn informed Galloway that the signal
from a PT-103 could travel up to five hundred feet and that
unless the building had solid steel walls, the presence of
some steel construction would not interrupt the signal. As to
the "security" of the signal, Wynn told Galloway to "put a
note" in his order to specify T.V. band. That way, people
within the business complex with FM radios would not pick up
the signal. Gov't Exhibits # 5 and # 6.
During this conversation, Wynn also explained that the only
difference — other than price — between the PT-103 and the
PT-101 Telephone Wireless Microphone. Wynn stated that the
PT-101 needed to be wired in while with the PT-103 "you just
unscrew the cap and replace the cartridge." Id.
Galloway and Wynn also discussed the purchase of a model
SR-1000 receiver/recorder. Wynn explained that the SR-1000
"goes on when the phone is picked up" so that the device would
only record during conversations. The SR-1000 had the receiver
and recorder contained in one unit. Wynn explained that the
receiver needed "puttin together" and informed Galloway that
he could have it by the end of the next week. Id.
Wynn suggests that he first received a telephone call from
a man named "Terry" sometime in May of 1984. Wynn recalls that
Terry told him he was a licensed private investigator or
detective working with or for ABLE Detective Agency in
Illinois. Wynn also recalls that Terry told him that he had a
client who had either a company or corporation and that the
case involved "security." Wynn recalls Terry saying that ABLE
did a great deal of industrial security work. This alleged
telephone conversation went unrecorded and took place some few
weeks prior to the June 1 recorded conversation. Wynn's
recollection as to the substance of this unrecorded call
matches the substance of the June 1 recorded call.
In any event, on June 4, 1984, Special Agent Galloway mailed
Wynn a confirming letter for the purchase of the PT-103
transmitter and the model SR-1000 receiver with recording
capability. This letter informed Wynn that "as we discussed,
the telephone conversation to be listened to must not be
overheard by anyone other than myself. This is absolutely
imperative. You suggested that I remind you to have the
equipment work on the T.V. band." The letter also stated that
the "equipment must be capable of recording telephone
conversations when I am not present with the tape recorder."
Gov't Exhibit # 7. Special Agent Galloway enclosed a bank
counter check for $600 made payable to Wynn Engineering
Company signed by Terry Bergschneider, Galloway's undercover
identity. Gov't Exhibit # 8.
On July 3, 1984, Special Agent Galloway again telephoned
Wynn in Houston, this time to check on the status of his
order. Wynn informed Galloway that the order had been delayed
due to the time associated with clearing the check. Gov't
Exhibits # 9 and # 10. On July 5, the $600 check arrived back
in Springfield at ABLE, stamp endorsed by Wynn Engineering
Company. On July 23, Special Agent Galloway received (in care
of ABLE) a package from Wynn Engineering Company containing
one model PT-103 drop-in telephone microphone (Gov't Exhibit
# 12) and one model SR-1000 receiver with recording capability
(Gov't Exhibit # 13). The package also contained a handwritten
set of instructions for the proper installation and use of the
SR-1000. Gov't Exhibit # 14. The instructions were on Wynn
Engineering Company letterhead and were handwritten by Wynn.
Id. See Stipulated Testimony of FBI Agent Jon Osgood and
unidentified FBI "Handwriting Expert."
Count V is based on the interstate sale of these items;
Count II is based on the interstate mailing of these items.
On July 26, Special Agent Galloway placed another recorded
telephone call to Wynn Engineering in Houston. Wynn instructed
Galloway on the proper placement of transmitters both inside
of telephones and at the telephone junction box. As to drop-in
microphones, Wynn stated: "just a drop-in is not so easy for
`em to find".
Galloway also inquired as to whether Wynn could install a
transmitter inside of a clock so that Galloway could overhear
conversations in a businessman's private office. Galloway
informed Wynn that he wanted a recording system that would
activate only on sound. This was necessary he said because he
would only have access to the business complex parking lot
during the lunch hour and could therefore not change the tape
frequently. Wynn told Galloway that he could install a
transmitter in a clock so that it would not be noticeable.
This clock could thus replace the clock in the businessman's
Based on this conversation Galloway ordered one model PT-101
Telephone Wireless Microphone, one model PT-102 Long Range
Telephone Microphone, and one model L111 telephone listening
device. Gov't Exhibits # 15 and # 16.
As with his first order, on July 31, Special Agent Galloway
mailed a letter to Wynn confirming the details of this order.
In his letter, Galloway informed Wynn that:
These devices will be used in conjunction with
our previously purchased SR-1000 receiver. I
would request the transmitters again be placed on
the television band frequency to assure total
confidentiality of our listening capabilities
from being overheard by anyone other than myself.
Gov't Exhibit # 17. Galloway enclosed an ABLE check for $300
made payable to Wynn Engineering Company. Gov't Exhibit # 18.
This check was received back in Springfield on September 17
stamp endorsed by "Wynn Engineering Company". Id.
On August 28, Special Agent Galloway received a package in
the mail from Wynn (Gov't Exhibit # 19) containing the PT-101
(Gov't Exhibit # 20), the PT-102 (Gov't Exhibit # 22) and the
L-111 (Gov't Exhibit # 21). The package also contained two
pages of handwritten instructions on Wynn Engineering
letterhead detailing the proper installation of the PT-101 and
the PT-102. These instructions were written by Wynn.
See Stipulated Testimony of FBI Agents Osgood and unidentified
FBI "Handwriting Expert."
Count VI is based on the interstate sale of these items;
Count III is based on their interstate mailing.
On September 14, Special Agent Galloway again placed a
recorded call to Wynn in Houston. Galloway informed Wynn that
he had decided to use a transmitter hidden in a lamp rather
than in a clock. Wynn told Galloway that a lamp would work.
Galloway told Wynn that he wanted to place the receiver in a
car in the parking lot of the business complex where the lamp
was to be planted. Wynn said that he had a transmitter that
would transmit 100 yards. Wynn told Galloway that he could
place a transmitter in the lamp so as to exactly duplicate the
lamp in the businessman's office. Galloway told Wynn he would
send the lamp. Gov't Exhibits # 24 and # 25.
As promised, on September 20 Special Agent Galloway called
Wynn. Wynn told Galloway that he had received the lamp. Wynn
stated that the cost of installing the transmitter would be
between three and four hundred dollars. Wynn informed Galloway
that the transmitter would transmit over 100 yards. Wynn
assured Galloway that he would not alter the lamp's appearance
and that it would be ready in a week or so. Gov't Exhibits #
27 and # 28.
The next day, Special Agent Galloway sent Wynn an ABLE check
for $400. Gov't Exhibit # 30. Galloway stated in the
accompanying letter that the $400 was payment for the "design
of the necessary modifications to my lamp." Gov't Exhibit #
On October 9, Special Agent Galloway received a package in
the mail from Wynn containing the modified lamp. Gov't Exhibit
# 31. As requested, Wynn had placed a transmitter inside the
lamp without altering its appearance. Gov't Exhibit # 32.
The interstate sale and shipment of this modified lamp forms
the basis for Counts VII and IV, respectively.
The undercover investigation of Wynn now began to reach a
head. On October 12, Special Agent Galloway called Wynn to
tell him that the modified lamp had been received. Wynn stated
that he wouldn't do another for $400: "It was a little more
work than I thought."
Galloway informed Wynn that he wanted to place a large order
for sale to several other people. Galloway then placed an
order for 1 model 2000 Cigarette Package Transmitter, 2 model
PT-101 Telephone Wireless Microphones, 2 model PT-102 Long
Range Telephone Microphones, 7 model PT-103 Drop-In Telephone
Microphones ("a big hit"), and 4 model SR-1000 special
receivers. Wynn gave Galloway a 10% discount. Wynn advised
Galloway that it would ...