In Black v. United States, 385 U.S. 26, 87 S.Ct. 190, 17 L.Ed.2d 26 (1966), a defendant was convicted of federal income tax violations, and his conviction was affirmed on appeal. On appeal to the Supreme Court, the United States Solicitor General voluntarily divulged that the FBI had "bugged" defendant Black's hotel suit in the course of an unrelated criminal investigation and had electronically recorded conversations between Black and his attorney. The Solicitor General, however, assured the Court that none of the information gained through the surveillance was used to prosecute Black in the matter Black was now appealing. While expressing its reluctance to vacate a conviction without ample justification, the Supreme Court ordered a new trial in order to ensure that evidence gained through FBI surveillance not be used against Black. 385 U.S. at 28-29, 87 S.Ct. at 191-92.