The Ninth Circuit rejected the bid of famed Die Hard movie director John McTiernan to reverse the district court's refusal to suppress evidence. McTiernan had hired Anthony Pellicano to engage in illegal wiretapping on his behalf. During the government's investigation of Pellicano, an FBI special agent interviewed McTiernan about whether he had knowledge of Pellicano's wiretapping activities. McTiernan said he did not. But the FBI had a recording of McTiernan's conversation with Pellicano about wiretapping. McTiernan sought to suppress the audio recording after being charged with making a false statement to the FBI. The district court denied his motion. The Ninth Circuit held that Pellicano's use of wiretaps to memorialize the "to do list" for his private-investigation business was not a "criminal or tortious act," which would have warranted suppression under 18 U.S.C. 2511(2)(d), even though he was engaging in a criminal enterprise in his business. So, like Harry Ellis, McTiernan gambled and lost.