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“the defendant. ; 134 12/ Except for Twigg, no factors, either alone or in combina- tion, have yet required dismissal of an indictment or convic- tion against a defendant found to have been predisposed . to commit the crime. Of course, where there has been a direct violation of a defendant's particular constitutional rights, such as an illegal search and seizure, involuntary confession, Miranda .violation, or infringement of right to counsel, appropriate sanctions have been imposed. When that occurs, there is no need to reach the constitutional . i issue raised here which presents a more amorphous, generaliz- ed concept of a fifth amendment due process violation based on “outrageous" governmental conduct that does not directly affect a specific constitutionally protected interest of 4 a 13/ The decisions by Myers, Errichetti, Criden, Johanson, Thompson and Murphy to withhold entrapment from the jury was not oversight; on the contrary, it was a calculated move in each defendant's trial strategy. 14/ With defendant Murphy the word "monies" might better be substituted for "bribes", because the jury found him not guilty of bribery, but guilty of receiving a criminal gratuity and of conflict of interest. For present purposes, however, the principle remains the same. “Os 15/ A closer analogy to Hampton would be if the FBI, in order to prosecute the middlemen Criden and Errichetti, had not only offered the bribe money, but also supplied to them "undercover'' congressmen to accept the bribe. Clearly, that did not occur here. On this record it is apparent that, using their own resources and without assi- stance or even directions by the agents, the middlemen sought and produced congressmen who would take the money. ce wnt eeepc ayers ne ake atin, TRIM ERO I em 16/ The government claims.that with respect to at least some of the defendants it does have such information avail-- able. The supporting exhibits proffered at the hearing, ~ DP Exs. 80, 81, 82, § 83, were excluded from evidence when the government refused to identify for defendants its sources of information. The government requested that the issue remain open for further evaluation in the event the court should conclude that a lack of predicate informa- tion was fatal to the government's-case. Since the court has concluded that prior suspicion of criminal conduct ' by these defendants was not a constitutional predicate to offering them Abscam money, no further attention need be directed to the excluded exhibits. : natin tee nem tm ine nner aeeeneeinnnne Renee SAN Sy pe Y , & 17/ In another Abscam incident, agent McCarthy became .fTustered and thrust an open briefcase containing $100,000