12. The Court found "When a search warrant affidavit contains, as Calvert's affidavit does, intentional misrepresentations and statements made in reckless disregard for the truth, and omits material facts critical to probable cause, the question is whether, after deleting the misstatements and including the material omissions, the affidavit is sufficient to establish probable cause. Franks v. Delaware, 438 U.S. 154; US v. Kirk, 781 F.2d 1498, 1502 (11th Cir. 1986). Excluding the false and reckless statements discussed, probable cause for a 5 207(a)(2) violation remains on the face of the affidavit. Section 207 prohibits a former officer, for two years after termination of service, regardless of the officer's title or authority, from representing a contractor before the Department of Defense with respect to a particular matter which the officer knows or should know was pending before the officer during the last year of his service, which involved a specific party. Based on the facts in Calvert's affidavit, there was probable cause to believe that when Spellissy represented NAMMO during the meeting concerning the 70mm rocket warhead with the government in Norway, he had reason to know that the 70 mm rocket warhead listed in Dr. Uhler's procurement letter was a NAMMO product and that it had been a matter under his official responsibility as PEO-SP during May 2004, contrary to the prohibitions in 18 U.S.C. § 207(a). Accordingly, it is ORDERED AND ADJUDGED that Defendants' Motion to Suppress Results of Search (Dkt. 21) is DENIED (Dkt 44-1, page 12-13).

13. Mr. James Rooney, the former President of Nordic Ammunition Company, Inc USA (NAMMO Inc) and President of Rooney Group International, Inc (RGI) has submitted an affidavit pertaining to the 70mm meeting between Mr. Jones and the Program Manager of NAMMO, Norway. Mr. Rooney was in Norway and attended the 70mm program meeting. Defendants were a consultant to Rooney Group International, Inc. Mr. Rooney clearly states that Defendant Spellissy was not present for the 70mm program meeting because of conflicts of interest issues. He also states that Special Agent Calvert nor the Assistant United States Attorney, Mr. Robert O’Neill never contacted him to discuss the 70mm program meeting in Norway. See Exhibit A, Rooney Affidavit.