McTiernan pleaded guilty last year to lying to the FBI. He had claimed to authorities that Pellicano was hired only during his divorce from producer Donna Dubrow, when, in reality, McTiernan had also employed Pellicano to wiretap producer Charles Roven.  Roven had previously worked with McTiernan on the Rollerball remake.

While McTiernan's defense argues that he was fatigued from a trip through Asia and was on medication for a sinus infection while off his antidepressants, Judge Dale S. Fischer, who sentenced McTiernan, says otherwise.  Fischer calls the claims "completely lacking in credibility" and that "[McTiernan] lived a privileged life and simply wants to continue that."

Pellicano, who is preparing to go to trial next year, is accused of bribing law enforcement and phone companies for information on over 60 celebrities and for wiretapping several high-profile Hollywood players, most notably Sylvester Stallone.

McTiernan has until January 15, 2008 to turn himself in and begin his sentence.