OPINION
TRASK, Circuit Judge:
Scott was convicted after a jury trial in district court of failure to file income tax returns for the years 1969, 1970, 1971 and 1972 in violation of 26 U.S.C. § 7203. He was sentenced to 1 year on each count, the sentences to run concurrently. This appeal is from the conviction and from the trial court’s denial of motions for arrest of judgment, and for a new trial. Scott, who is not an attorney, represented himself at trial but had counsel for his post-trial motions and on appeal.
Appellant styles himself a “national tax resistance leader.”1 He admitted at trial that he had not filed the returns but argued that, since his failure was based on his constitutional beliefs and his reading of various Supreme Court [1190]*1190cases, his failure was not willful within the meaning of the statute.
Two main issues are presented for decision by this court. The first involves the presence of a government agent in appellant’s defense group at trial. The second.is whether appellant was imper-missibly singled out for prosecution by the government.
During much of the trial an undercover agent of the Internal Revenue Service was present among a group of fellow tax resisters who were aiding in the preparation of Scott’s defense. The agent, James Swanson, alias Jeff Swan, was an officer in the Illinois Tax Rebellion Committee. According to his affidavit he was invited to travel to the trial by another tax protester from Indiana. He was given permission by his Internal Revenue Service superior and arrived in Fresno, California shortly after the trial began. His stated mission in attending the trial was to meet tax protesters and sympathizers and to advise his superiors of any planned violent or illegal activity. Swanson was present in the courtroom at the trial and at meetings held in a motel each day after the court sessions. He had received instructions from the Internal Revenue Service counsel in Chicago not to interfere in any way with the defense in Scott’s trial. Swanson specifically denied in his affidavit that he had at any time offered any advice to Scott or his advisors as to how he or they should proceed in the defense of the case. He also specifically denied that he had engaged in electronic eavesdropping of any kind or had caused anyone else to do so, or that he had attempted to influence jurors or made any bomb threats. There was no evidence presented to the district court, nor here, that any information was passed by the agent to the prosecution except for one incident. Swanson reported to the prosecution that he had learned that members of Scott’s party had illegally inserted material into a government exhibit. This was later the basis for separate criminal charges.
After trial Scott moved for arrest of judgment and a new trial based in part on the alleged activities of the agent. Scott claimed that the agent interfered with his defense by burglarizing his trial headquarters, attempting to influence the jury by riding on the elevator at the court house with them and making prejudicial remarks about Scott, engaging in electronic surveillance, making a bomb threat on the court house to adversely influence the jury, and lying to and misleading Scott to his detriment. This motion was supported by affidavits of those who had accompanied Scott at the trial. These affidavits, however, did not substantiate the above allegations in any direct manner, but rather were posed in terms of speculation that the agent might have had the opportunity to purloin Xerox copies of cases and instructions used by the defense. Only one contained a positive statement and that was that the agent had counseled Scott to testify on his own behalf. The agent’s affidavit countered each allegation of the motion with a denial. The district court, ruling on the basis of the affidavits and his observations as the trial judge, denied the motions.
Appellant argues strenuously that the presence of Swanson among the group planning his defense and assisting him poisoned the entire proceeding and requires an outright reversal and dismissal or at the very least, a remand for a new trial. Specifically he relies upon the fourth, fifth and sixth amendments as the constitutional predicates for his arguments.
Looking first at the fourth amendment, we note that Swanson was not a witness at the trial and that no contention is made that he obtained any documents or evidentiary material which was introduced at the trial, whether helpful or harmful. There was therefore no illegal search for verbal evidence within the exclusionary rule, no unlawful seizure of documents presented in court and no violation of the fourth amendment. Hoffa v. United States, 385 U.S. [1191]*1191293, 300-03, 87 S.Ct. 408, 17 L.Ed.2d 374 (1966).
Neither does the fact of Swanson’s presence during conversations regarding trial strategy violate appellant’s fourth amendment rights. Swanson was present because he was a member and official of the Tax Rebellion group and accepted as such albeit he was also an undercover agent of the Internal Revenue Service. In this regard, the Supreme Court quoted with approval in Hof fa :
“ ‘The risk of being overheard by an eavesdropper or betrayed by an informer or deceived as to the identity of one with whom one deals is probably inherent in the conditions of human society. It is the kind of risk we necessarily assume whenever we speak.’ ” 385 U.S. at 303, 87 S.Ct. at 414. Quoting, Lopez v. United States, 373 U.S. 427, 465, 83 S.Ct. 1381, 10 L.Ed.2d 462 (1963) (dissenting opinion).
We find no merit to the fourth amendment claims.
Other than to list it, the appellant again does not particularize the basis upon which he claims the shelter of the fifth amendment. He does assert that Swanson urged him to take the witness stand and that the Internal Revenue Service so grossly intruded in the defense strategy conferences that the fifth and sixth amendments were violated. The principal cases relied upon are Caldwell v. United States, 92 U.S.App.D.C. 355, 205 F.2d 879 (1953), and Coplon v. United States, 89 U.S.App.D.C. 103, 191 F.2d 749 (1951). In Caldwell the prosecution had hired Bradley as an undercover agent. As such he became intimately acquainted with the accused and his attorney. He was solicited by the accused and his counsel to work for them in the preparation of the case for trial. He attended conferences between counsel for the accused and witnesses and lawyers. The court held that this invidious intrusion denied the defendant of his right to effective assistance of counsel under the fifth and sixth amendments and actual prejudice need not be shown. Coplon was a ease of intercepted telephone conversations between Judith Co-plon and her attorney both before and during her trial on espionage charges. The court held that a hearing should be conducted and that if the interceptions occurred a new trial should be granted.2
In both of these cases, as well as in O’Brien v. United States, 386 U.S. 345, 87 S.Ct. 1158, 18 L.Ed.2d 94 (1967), and Black v.
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OPINION
TRASK, Circuit Judge:
Scott was convicted after a jury trial in district court of failure to file income tax returns for the years 1969, 1970, 1971 and 1972 in violation of 26 U.S.C. § 7203. He was sentenced to 1 year on each count, the sentences to run concurrently. This appeal is from the conviction and from the trial court’s denial of motions for arrest of judgment, and for a new trial. Scott, who is not an attorney, represented himself at trial but had counsel for his post-trial motions and on appeal.
Appellant styles himself a “national tax resistance leader.”1 He admitted at trial that he had not filed the returns but argued that, since his failure was based on his constitutional beliefs and his reading of various Supreme Court [1190]*1190cases, his failure was not willful within the meaning of the statute.
Two main issues are presented for decision by this court. The first involves the presence of a government agent in appellant’s defense group at trial. The second.is whether appellant was imper-missibly singled out for prosecution by the government.
During much of the trial an undercover agent of the Internal Revenue Service was present among a group of fellow tax resisters who were aiding in the preparation of Scott’s defense. The agent, James Swanson, alias Jeff Swan, was an officer in the Illinois Tax Rebellion Committee. According to his affidavit he was invited to travel to the trial by another tax protester from Indiana. He was given permission by his Internal Revenue Service superior and arrived in Fresno, California shortly after the trial began. His stated mission in attending the trial was to meet tax protesters and sympathizers and to advise his superiors of any planned violent or illegal activity. Swanson was present in the courtroom at the trial and at meetings held in a motel each day after the court sessions. He had received instructions from the Internal Revenue Service counsel in Chicago not to interfere in any way with the defense in Scott’s trial. Swanson specifically denied in his affidavit that he had at any time offered any advice to Scott or his advisors as to how he or they should proceed in the defense of the case. He also specifically denied that he had engaged in electronic eavesdropping of any kind or had caused anyone else to do so, or that he had attempted to influence jurors or made any bomb threats. There was no evidence presented to the district court, nor here, that any information was passed by the agent to the prosecution except for one incident. Swanson reported to the prosecution that he had learned that members of Scott’s party had illegally inserted material into a government exhibit. This was later the basis for separate criminal charges.
After trial Scott moved for arrest of judgment and a new trial based in part on the alleged activities of the agent. Scott claimed that the agent interfered with his defense by burglarizing his trial headquarters, attempting to influence the jury by riding on the elevator at the court house with them and making prejudicial remarks about Scott, engaging in electronic surveillance, making a bomb threat on the court house to adversely influence the jury, and lying to and misleading Scott to his detriment. This motion was supported by affidavits of those who had accompanied Scott at the trial. These affidavits, however, did not substantiate the above allegations in any direct manner, but rather were posed in terms of speculation that the agent might have had the opportunity to purloin Xerox copies of cases and instructions used by the defense. Only one contained a positive statement and that was that the agent had counseled Scott to testify on his own behalf. The agent’s affidavit countered each allegation of the motion with a denial. The district court, ruling on the basis of the affidavits and his observations as the trial judge, denied the motions.
Appellant argues strenuously that the presence of Swanson among the group planning his defense and assisting him poisoned the entire proceeding and requires an outright reversal and dismissal or at the very least, a remand for a new trial. Specifically he relies upon the fourth, fifth and sixth amendments as the constitutional predicates for his arguments.
Looking first at the fourth amendment, we note that Swanson was not a witness at the trial and that no contention is made that he obtained any documents or evidentiary material which was introduced at the trial, whether helpful or harmful. There was therefore no illegal search for verbal evidence within the exclusionary rule, no unlawful seizure of documents presented in court and no violation of the fourth amendment. Hoffa v. United States, 385 U.S. [1191]*1191293, 300-03, 87 S.Ct. 408, 17 L.Ed.2d 374 (1966).
Neither does the fact of Swanson’s presence during conversations regarding trial strategy violate appellant’s fourth amendment rights. Swanson was present because he was a member and official of the Tax Rebellion group and accepted as such albeit he was also an undercover agent of the Internal Revenue Service. In this regard, the Supreme Court quoted with approval in Hof fa :
“ ‘The risk of being overheard by an eavesdropper or betrayed by an informer or deceived as to the identity of one with whom one deals is probably inherent in the conditions of human society. It is the kind of risk we necessarily assume whenever we speak.’ ” 385 U.S. at 303, 87 S.Ct. at 414. Quoting, Lopez v. United States, 373 U.S. 427, 465, 83 S.Ct. 1381, 10 L.Ed.2d 462 (1963) (dissenting opinion).
We find no merit to the fourth amendment claims.
Other than to list it, the appellant again does not particularize the basis upon which he claims the shelter of the fifth amendment. He does assert that Swanson urged him to take the witness stand and that the Internal Revenue Service so grossly intruded in the defense strategy conferences that the fifth and sixth amendments were violated. The principal cases relied upon are Caldwell v. United States, 92 U.S.App.D.C. 355, 205 F.2d 879 (1953), and Coplon v. United States, 89 U.S.App.D.C. 103, 191 F.2d 749 (1951). In Caldwell the prosecution had hired Bradley as an undercover agent. As such he became intimately acquainted with the accused and his attorney. He was solicited by the accused and his counsel to work for them in the preparation of the case for trial. He attended conferences between counsel for the accused and witnesses and lawyers. The court held that this invidious intrusion denied the defendant of his right to effective assistance of counsel under the fifth and sixth amendments and actual prejudice need not be shown. Coplon was a ease of intercepted telephone conversations between Judith Co-plon and her attorney both before and during her trial on espionage charges. The court held that a hearing should be conducted and that if the interceptions occurred a new trial should be granted.2
In both of these cases, as well as in O’Brien v. United States, 386 U.S. 345, 87 S.Ct. 1158, 18 L.Ed.2d 94 (1967), and Black v. United States, 385 U.S. 26, 87 S.Ct. 190, 17 L.Ed.2d 26 (1966), there was an interference with the confidential relationship between the accused and his employed counsel regarding the impending trial and the trial itself. Here, on the contrary, appellant had waived or renounced his right to counsel and prepared for trial and tried the case without an attorney. He apparently had enlisted the assistance of a group of fellow tax resisters to help him in his own defense. Others from the tax rebellion ranks who appeared, joined in the meetings held during the trial.3
Appellant asserts that where the sixth amendment to the Constitution states that the accused shall have the right “. . .to have the Assistance of Counsel for his defense” it means not only counsel in the sense of an attorney [1192]*1192admitted to practice law but, also, that if he eschews an attorney, he may have his friends advise him. Therefore, he argues that interference with the relationship between the accused and his advis-ors carries the same sixth amendment proscription as interference between attorney and client. No cases are cited for that proposition and we have found none. On the contrary, the relationship between lawyer and client does carry a different set of rights and responsibilities than that between an individual and his friends. Other relationships recognized by the law, either statutory law or common law, likewise carry particular rights and responsibilities, e. g., husband and wife; doctor and patient; priest and confessor. Appellant’s reliance upon Hoffa to bring his friends within the definition of “counsel” for sixth amendment purposes is not well placed. In discussing Coplon and Caldwell (where the intrusion was between attorney and client) the Hoffa Court hypothesized that there could be an intrusion so grossly prejudicial that even a new trial would be impermissible. The Court continued, however, by saying that the Hoffa case did not remotely approach such a situation.
“This is so because of the clinching basic fact in the present case that none of the petitioner’s incriminating statements which Partin heard were made in the presence of counsel, in the hearing of counsel, or in connection in any way with the legitimate defense of the Test Fleet prosecution. The petitioner’s statements related to the commission of a quite separate offense — attempted bribery of jurors— and the statements were made to Par-tin out of the presence of any lawyers.” 385 U.S. at 308, 87 S.Ct. at 416.
There is certainly nothing in the Court’s discussion that would indicate it intended to enlarge the sixth amendment protection to a pro se defendant and his friends. Even where it properly applies as between lawyer and counsel, the majority of the courts have refused to apply a per se rule requiring reversal when the government has had access to communications between a defendant and his counsel. E. g., United States v. Rosner, 485 F.2d 1213, 1227-28 (2d Cir. 1973), cert. denied (without prejudice), 417 U.S. 950, 94 S.Ct. 3080, 41 L.Ed.2d 672 (1974); United States v. Brown, 484 F.2d 418, 424-25 (5th Cir. 1973), cert. denied, 415 U.S. 960, 94 S.Ct. 1490, 39 L.Ed.2d 575 (1974); Taglianetti v. United States, 398 F.2d 558, 569-71 (1st Cir. 1968), aff’d, 394 U.S. 316, 89 S.Ct. 1099, 22 L.Ed.2d 302 (1969). See also United States v. Rispo, 460 F.2d 965, 975-77 (3d Cir. 1972); United States v. Bullock, 441 F.2d 59 (5th Cir. 1971); United States v. Alderisio, 424 F.2d 20 (10th Cir. 1970). But see South Dakota v. Long, 465 F.2d 65, 72 (8th Cir. 1972), cert. denied, 409 U.S. 1130, 93 S.Ct. 951, 35 L.Ed.2d 263 (1973). The courts in Rosner, Brown and Taglianetti all considered the Supreme Court cases of O’Brien, Hoffa and Black, and concluded that they did not require a per se rule. We agree.
On the unique facts of this case we find that appellant suffered no prejudice from the mere fact of the government’s limited intrusion into the defense group of appellant and his friends. Appellant’s defense in this case was an open book. He admitted not filing the returns and based his defense on his own novel theories of law. For example, he claimed that the sixteenth amendment authorizing the income tax was not properly ratified, that federal reserve notes are not legal tender and therefore he did not have to report them as income, and that he did not have to file tax returns if he felt that they would incriminate him. Scott advanced these theories to support his defense of lack of specific intent to commit the offense of willfully failing to file income tax returns. He claimed that, since he honestly thought that he was not legally bound to file returns, he could not be convicted.4 It is [1193]*1193difficult to envision, on the facts of this case, how Scott could have been prejudiced by the presence of the government agent among the friends of the defense. Further, there is no evidence in the record to refute the affidavit of the agent that he passed no information about the defense to the prosecution.
This is not to say that government intrusion into the private councils of a pro se defendant, struggling to oppose that government during a trial, for the purpose or with the result of gaining trial advantages, is something to be lightly regarded. It is inconceivable that responsible government attorneys or agencies would stoop to such clandestine and underhanded tactics in the trial of a lawsuit. Such intrusions offend one’s sense of fair play and subvert the proper administration of justice. Even without the restraint imposed by the sixth amendment, they may well constitute a denial of due process. Such was not the case here.
Reading the affidavits filed by the parties upon this critical issue, we are convinced that the trial court was simply unimpressed and unpersuaded that any such reprehensible activity was engaged in by Smith, the special agent of the Intelligence Division of the Internal Revenue Service at Fresno, or by Swanson under his direction. The affidavits of appellant are ambiguous and conjectural in their charges and directly controverted by both Smith and Swanson.5 In addition, they relate to matters that under careful consideration have little if anything to do with the basic issues of the lawsuit. Failure to file tax returns for the years in question was admitted by the defendant. Independent proof was introduced that he had earned substantial sums of money in the corresponding years. The evidence that these actions were willful was overwhelming. Nothing can be gained by reversing and remanding. We are of the opinion that neither the basic dictates of fair play or due process require a reversal or a remand for a full evidentiary hearing. A reading of the reporter’s transcript and the rest of the record convinces us that the trial court, with a very great amount of patience and restraint, accorded appellant a fair and full trial.
Appellant’s claim that he is entitled to a new trial because the government agent advised him to take the stand is also without merit. One affidavit, that of Claire Kelley, supports this allegation. The affidavit of the agent denies giving such advice. Since we conclude that Scott was not prejudiced by taking the stand, the conflict in the affidavits is irrelevant. Scott was not prejudiced because his testimony at trial did no more than reiterate his position about which there is no dispute. He conducted his own defense and indicated at the outset of the trial, in his opening state[1194]*1194ment to the jury, that he did not pay his taxes. He asserted, however, that since he considered the income tax to be illegal, he could not be convicted.6 His entire defense was predicated on convincing the jury that the income tax was illegal and this was reflected in his examination of the three witnesses he called for the defense. Likewise, Scott had previously written letters to the Fresno Bee admitting that he refused to pay taxes and urging others to also refuse.7 These letters were part of the record below. There was never any question but that he committed the acts constituting the offense charged. He literally proclaimed it from the housetops. He proudly advocated his practice to others. Nor can it be said that Scott may have been prejudiced by exposing his demeanor to the jury when he took the stand. Scott acted as his own attorney, presenting his witnesses to the jury and cross-examining the government witnesses. He was allowed wide latitude by the court and told his own story in speeches made while cross-examining witnesses. At all times during the trial he was the principal character before the jury on the defense.
[1195]*1195We recognize that the specter of active government interference in the defense of a criminal case is a chilling one. However, on the unique facts of this case we conclude that the ends of justice would not be served by requiring a new trial because there is no possibility that the defendant was prejudiced by the alleged interference.
The second major assignment of error is that Scott was discriminatorily singled out for prosecution because of his vocal opposition to the income taxt In order to prevail in this allegation appellant must bear the burden of proving at least a prima facie case. This requires that appellant first demonstrate that others similarly situated generally have not been prosecuted for conduct similar to that for which he was prosecuted. Secondly, appellant must show that his selection was based on an impermissible ground such as race, religion or his exercise of his first amendment right to free speech. United States v. Berrios, 501 F.2d 1207, 1211 (2d Cir. 1974); see United States v. Steele, 461 F.2d 1148 (9th Cir. 1972); United States v. Sacco, 428 F.2d 264, 271 (9th Cir.), cert. denied, 400 U.S. 903, 91 S.Ct. 141, 27 L.Ed.2d 140 (1970).
Appellant fails in his claim of discriminatory prosecution because he had not demonstrated that others similarly situated who have failed to file income tax returns have not been prosecuted.
“THE COURT: Let me ask you this: Do you know other people who didn’t file tax returns that the Government has not prosecuted? If so, I think you should make it known to Mr. Couris so he could start indicting them.
“MR. MATONIS: Well, your Honor, it is not my job as a lawyer to help the Government in cases of people who have or have not filed their income tax returns.” R.T. at 26 (Supp.).
Thus, this case is clearly distinguishable from United States v. Steele, supra, where the court was convinced that the government had actual knowledge of other violators but compiled background reports and prosecuted only those who had taken a public stand against compliance with the census law. Here, appellant has only demonstrated that the government had an announced policy of vigorous enforcement of the tax law against those who took a public stand against filing returns. There was no evidence presented that the government did not prosecute others who failed to file returns but who did not take a vocal stand on the issue. It is not surprising that the government might prosecute those cases in which the violations of the tax laws appeared most flagrant.
Scott also assigned as error the refusal of the trial court to hold an evidentiary hearing on his motions for a new trial and arrest of judgment. The decision whether to hold an evidentiary hearing on a motion for a new trial is within the sound discretion of the trial judge. United States v. Thompson, 493 [1196]*1196F.2d 305, 310 (9th Cir. 1974), cert. denied, 419 U.S. 834, 95 S.Ct. 60, 42 L.Ed.2d 60 (1974). We conclude that there was nothing to be gained by such a hearing and that the trial judge did not abuse his discretion by denying Scott’s request.
Appellant raises many other alleged errors, but after a careful review of the record we find that they lack merit.
The judgment is affirmed.