Full opinion text
OPINION SWEET, District Judge. In an omnibus motion, all defendants in this multicount indictment alleging a pattern of racketeering activity and securities fraud and bankruptcy fraud conspiracies in connection with the operation of the Westchester Premier Theatre (the “Theatre”) have moved, pursuant to Rule 41(b), Fed.R. Crim.P., and 18 U.S.C. § 2518(10)(a), for an order suppressing evidence obtained as a result of electronic surveillance authorized by five court orders: a. An order signed March 10, 1977 by the Honorable Malcolm Lucas of the Central District of California (“Order # 1”); b. An order signed April 8, 1977 by Judge Lucas (“Order # 2”); c. An order signed May 5, 1977 by the Honorable Whitman Knapp of the Southern District of New York (“Order # 3”); d. An order signed June 21, 1977 by Judge Knapp (“Order # 4”): and e. An order signed June 28, 1977 by Judge Knapp (“Order # 5”). The defendants have moved to suppress this wiretap evidence on the basis of the affidavits relied upon by the courts for issuance of the orders, failure of the Government to minimize properly the interception of non-pertinent communications, improper security surrounding the making and storage of tapes prior to sealing and failure to amend properly the orders. In addition, defendant Weisman has moved to dismiss the indictment against him on the ground that the Government improperly utilized testimony Weisman had given in prior proceedings under an alleged grant of immunity. Weisman has also moved to suppress certain post-arrest statements made by him which the Government is alleged to have improperly obtained. This court held hearings on August 8, 9, 10, 11, 28 and 29 with regard to factual issues raised by these motions. For the reasons stated below, defendants’ motion to suppress evidence obtained through the five court ordered wiretaps is denied. The motions of defendant Weisman are granted with respect to certain statements and denied as to others. The background of this action, including the allegations of the Indictment, have been set forth in this court’s opinion of August 26, 1978 and will not be repeated here. As part of the Government’s investigation of the alleged illegal activities which resulted in the instant Indictment, five wiretap orders, two in California and three in New York, were obtained and it is the fruits of these wiretaps which the defendants seek to exclude in this case. I. Defendants’ Motions to Suppress Wiretap Evidence. The Sufficiency of the Affidavits. The five wiretap orders were all issued-pursuant to Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510-2520, whose purpose “was effectively to prohibit, on the pain of criminal and civil penalties, all interceptions of oral and wire communications, except those specifically provided for in the Act, most notably those interceptions permitted to law enforcement officers when authorized by court order” in certain circumstances. United States v. Giordano, 416 U.S. 505, 514, 94 S.Ct. 1820, 1826, 40 L.Ed.2d 341 (1974). Central to this regulatory scheme is the requirement under 18 U.S.C. § 2518(3) that a court issuing an intercept order must make the following specific findings. First, it must determine that probable cause exists in three distinct contexts: (a) an individual has or is about to commit an enumerated offense; (b) communications concerning that offense will be obtained through such interception; and (c) the communication facilities intercepted are being used in connection with the commission of the offense by such individual. Second, the issuing court must determine that it is reasonably unlikely that normal investigative techniques would succeed if tried or would .be too dangerous. Defendants challenge the evidence obtained as a result of these wiretaps on two principal grounds. First, they challenge the sufficiency of the affidavits of the Government agents upon which the courts relied in issuing the wiretap orders as failing to establish the requisite probable cause. Second, they assert the affidavits failed to establish a need for electronic surveillance under Section 2518(3). Before turning to the specific objections, the background and scope of each of the court-authorized wiretaps will be set forth. Background of the Wiretaps. In Order # 1, Judge Lucas authorized the interception of wire communications over two telephones located at the home of defendant Marson. In so doing, Judge Lucas found there was probable cause to believe that Marson and others (not including any defendants in this case) were committing various state and federal crimes constituting a pattern of racketeering in connection with the supply of cleaning materials to Las Vegas hotels by a Las Vegas cleaning supply and service company; that there were communications over Marson’s telephones concerning these activities; ■ and that there was no reasonable likelihood that normal investigative procedures would be successful. Judge Lucas’ findings were based upon the affidavit of Special Agent Melvin L. Flohr of the Federal Bureau of Investigation (“FBI”), dated March 10, 1977. The factual basis of Agent Flohr’s affidavit is premised upon three confidential informants (denoted as Source One, Source Two and Source Three) who relayed, through other FBI agents, the substance of conversations had with, and observations of, Marson and others named in the order. Information obtained from these sources as set forth in Agent Flohr’s affidavit alleged that cleaning supply and service contracts would be obtained from these hotels through threats to call outstanding loans or otherwise to cause problems at the hotels. Additionally, it was indicated that future cleaning supply and service contracts from other companies and state agencies would be obtained improperly. These sources also indicated that Marson used his residence telephones in seeking to accomplish these ends. All three sources were alleged to have had a history of credibility and trustworthiness. In Order # 2, Judge Lucas authorized continued interception of communications over Marson’s two telephones, finding probable cause to believe that individuals named in Order # 1 and six others were committing the same criminal violations alleged in Order # 1 constituting a pattern of racketeering activity which extended to the operations of an employee welfare benefit plan and improper means to collect extensions of credit; that wire communications concerning these offenses were occurring over Mar-son’s telephones and that there was no reasonable likelihood that normal investigative procedures would succeed. Again, Judge Lucas based these findings upon the affidavit of Agent Flohr, dated April 18, 1977. Agent Flohr based the assertions in his affidavit upon information relayed to him through other FBI agents from Source Two and upon information gleaned from conversations intercepted under Order # 1. In particular, the affidavit alleged that intercepted conversations demonstrated that Marson stated he would send a “message” to an individual who owed him money in order to secure immediate repayment. Source Two informed FBI personnel that attempts were being made to obtain contracts for services by improper means. Intercepted conversations confirmed attempts by Marson and others to interest others in this effort. Source Two also reported that Marson and others continued to use threats or improper inducements to obtain contracts. Judge Knapp issued Order # 3, authorizing the interception of wire communications over eight telephones located at the Theatre and one telephone at the Scarsdale, New York residence of defendant DePalma. Judge Knapp found reasonable cause to believe that Martin Eisner and defendants Marson, DePalma, Weisman and Cannatella were defrauding Theatre creditors and that Marson, DePalma and Eisner were engaged in a pattern of racketeering activity constituting bankruptcy fraud and the interstate transportation of stolen property. Judge Knapp further found that communications concerning these activities were occurring over the telephones to be tapped and that there was no reasonable likelihood that normal investigative procedures would succeed. Order # 3 was based upon the affidavit of Special Agent Charges B. Walker of the FBI, sworn to on May 5, 1977. The factual assertions in Agent Walker’s affidavit were premised upon information obtained through other FBI personnel, from conversations Source Two had with Marson and upon telephone conversations intercepted under Orders # 1 and # 2 which, according to the Government, corroborate the information given by Source Two. Specifically, Source Two asserted that he had been informed by Marson that Marson and De-Palma had been skimming money out of the Theatre’s operations from concessions and ticket sales which were not reported on the Theatre’s books and that as a result of Chapter XI proceedings, the presence of auditors at the Theatre had made this skimming operation more difficult. Source Two also asserted Marson and DePalma had daily telephone contact concerning this scheme. Telephone conversations intercepted pursuant to Orders # 1 and # 2 were cited by the Government as indicating that Marson and others were removing or attempting to remove money from the Theatre pending Chapter XI proceedings; that moneys were being skimmed from Theatre revenues; and that Marson and Weisman discussed the filing of a false financial statement for the Theatre. Order # 4, authorizing the continued interception of communications over DePalma’s residential telephone, was issued by Judge Knapp upon a finding that probable cause existed to believe that the same individuals named in Order # 3 plus one “Richie”, believed to be defendant Richard Fusco, were committing the same criminal violations set forth in Order # 3; that conversations concerning these activities were occurring over DePalma’s telephone and that there was no reasonable likelihood that normal investigative procedures would be successful. Judge Knapp’s order was based upon the affidavit of Special Agent Robert Tolan, dated June 21, 1977, which in turn relied upon two confidential informants,- denoted as Source One and Source Two. Source One relayed through other FBI agents the substance of conversations he had had with a reputed figurehead in organized crime concerning loans made to a party connected with the Theatre at substantial rates of interest. Such loans would then be repaid out of Theatre proceeds. Source Two related, through other FBI agents, the substance of conversations with, and observations of, Weisman, DePalma and Fusco which indicated that these parties were systematically skimming large sums of money from the Theatre. Both Source One and Source Two were alleged to be reliable. In addition, Agent Tolan relied upon conversations intercepted pursuant to Order # 3 concerning various methods by which Marson, DePalma and others were attempting to recoup their investments in the Theatre pending the Chapter XI proceedings and past attempts to obtain proceeds of Theatre sales which were not recorded in Theatre books. Order # 5, authorizing the interception of a Theatre telephone and a second telephone at the DePalma residence, was issued by Judge Knapp upon a finding of probable cause to believe that the subjects named in Order # 4 were committing the violations set forth in Orders # 3 and # 4; that communications concerning these activities were occurring over those telephones; and that there was no reasonable likelihood that normal investigative procedures would succeed. In support of Order # 5, the Government submitted the affidavit of FBI Special Agent Joseph Keating, dated June 28, 1977. Agent Keating’s affidavit repeated much of the same information contained in Agent Tolan’s affidavit, but in addition set forth information obtained from Source Two concerning the regular use made by DePalma of his second residential telephone and of his private line at the Theatre in connection with the criminal activities stated in the order. Agent Keating’s affidavit also relied upon conversations intercepted pursuant to Order # 2, indicating that these two additional lines were used by DePalma for the criminal activity stated in the order. M arson and Pacella, Fusco and Cannatella seek to suppress the evidence obtained as a result of the wiretaps on the basis that the orders are not supported by either probable cause or a particularized need under Title III. Additionally, these defendants assert that the issuance of Order # 1 was invalid under Title III and thus interceptions from Order # 1 may not be used to establish probable cause for subsequent applications. 18 U.S.C. § 2515. See, Wong Sun v. United States, 371 U.S. 471, 491, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963), United States v. Wac, 498 F.2d 1227, 1232 (6th Cir. 1974). In ascertaining whether the Government has provided sufficient probable cause to a court issuing an order of electronic surveillance, a finding of probable cause made by the issuing court on the basis of detailed affidavits “is entitled to deference by a reviewing court.” United States v. Londono, 553 F.2d 805, 810 (2d Cir. 1977). See also Aguilar v. Texas, 378 U.S. 108, 111, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964); In re Persico, 362 F.Supp. 713 (E.D.N.Y.1973). Additionally, affidavits submitted in support of court orders for electronic surveillance must be viewed by the court as a whole and “in a practical and commonsense fashion.” United States v. Steinberg, 525 F.2d 1126, 1130 (2d Cir. 1975), cert. denied, 425 U.S. 971, 96 S.Ct. 2167, 48 L.Ed.2d 794 (1976), citing S.Rep.No.1097, 90th Cong., 2d Sess., 1968 U.S.Code Cong. & Ad.News, pp. 2112, 2190. See also United States v. Ventresca, 380 U.S. 102, 108, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965); United States v. Schwartz, 535 F.2d 160, 163 (2d Cir. 1976), cert. denied, 430 U.S. 906, 97 S.Ct. 1175, 51 L.Ed.2d 581, reh. denied, 430 U.S. 976, 97 S.Ct. 1669, 52 L.Ed.2d 371 (1977). Of course, probable cause cannot be made out by affidavits which are purely conclusory; an affidavit stating an affiant’s or informant’s belief that probable cause exists must recite the underlying circumstances upon which that belief is based. United States v. Ventresca, supra, 380 U.S. at 108-109, 85 S.Ct. 741. The Lack of Probable Cause All of the defendants assert that the wiretaps were issued upon an insufficient showing by the affiants of probable cause. Because Order # 1 relies most heavily upon informant information, defendants’ attack is concentrated primarily upon assertions that the various informants, whose testimony was utilized in Agent Flohr’s twenty-eight page affidavit to establish probable cause, were unreliable. Additionally, the defendants assert that much of the information supplied by these informants was stale and thus should not have been relied upon in determining probable cause. In Aguilar v. Texas, supra, the Court set forth a two-pronged test to evaluate affidavits based upon informant information: (1) the affidavit must state in sufficient detail the underlying circumstances upon which the informant bases his information; and (2) the informant must be credible or the information must be reliable. 378 U.S. at 114, 84 S.Ct. 1509. See also Franks v. Delaware, 437 U.S. 154, 164, 98 S.Ct. 2674, 2681, 57 L.Ed.2d 667 (1978); Spinelli v. United States, 393 U.S. 410, 416, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). Although courts are often called upon to'make “fine judgments ... to determine whether an affidavit states facts sufficient to show probable cause” for issuance of a wiretap order, see United States v. Karathanos, 531 F.2d 26, 29 (2d Cir.), cert. denied, 428 U.S. 910, 96 S.Ct. 3221, 49 L.Ed.2d 1217 (1976), Agent Flohr’s affidavit and its use of three confidential sources meets the Aguilar test. Agent Flohr’s affidavit adequately set forth the underlying circumstances which formed the basis of the informants’ information. All three sources based their information upon statements and admissions made to the sources by Marson and others named in Order # 1 which indicated the use of threats and other improper methods to obtain supply and service contracts. Moreover, through personal observations by Source Two, it was established that Marson used the telephone numbers named in the order to achieve these ends. In such circumstances, personal observation by the informant is sufficient to establish both the reliability of the information, United States v. Rollins, 522 F.2d 160, 164 (2d Cir. 1975), cert. denied, 424 U.S. 918, 96 S.Ct. 1122, 47 L.Ed.2d 324 (1976), as well as probable cause to believe that the telephones were used for the asserted purposes, United States v. Finn, 502 F.2d 938, 941 (7th Cir. 1974). Moreover, to the extent possible, the information given by the sources was corroborated by the independent accounts of the sources themselves, by independent investigation by FBI personnel of telephone records, as well as through public documents and interviews. More specifically, allegations that Marson used his home telephones to participate in the operations were supported by an examination of telephone toll records which indicated that numerous telephone calls were made between Marson’s residence and others named in the order. Examinations of public documents revealed the existence of loans and the sale of certain supplies to several Las Vegas hotels. Public records also disclosed that one of the principals naméd in the order was an officer of a company involved in such sales. Finally, FBI interviews with other sellers revealed a pattern of threats and interference with their business position. Taken as a whole, Agent Flohr’s affidavit is sufficient to establish probable cause. United States v. Esposito, 423 F.Supp. 908, 911 (S.D.N.Y. 1976). Finally, each of the informants had a history of furnishing truthful and reliable information. United States v. Esposito, supra. Source One and Source Two furnished information to the FBI for twelve and nine years, respectively, which led to numerous arrests and convictions as well as the recovery of substantial amounts of property. Source Three was stated to have supplied information for several years leading to numerous arrests and the recovery of substantial amounts of property. All three sources had a history of corroboration by physical and court-ordered electronic surveillance. These circumstances established the credibility of the sources. Defendants also challenge the continued use in Agent Flohr’s affidavit of multiple hearsay. Almost without exception, each of the informants’ reports, upon which the Government relied to establish probable cause, was based upon conversations had with individuals in the order, which conversations were reported to an FBI agent and were in turn conveyed to Agent Flohr. Multiple hearsay does not automatically make an affidavit insufficient to supply probable cause; rather, the central issue remains whether the informant’s information received in the totality of circumstances can reasonably be said to be reliable. United States v. Fiorella, 468 F.2d 688, 691 (2d Cir. 1972), cert. denied, 417 U.S. 917, 94 S.Ct. 2622, 41 L.Ed.2d 222 (1974). Where a substantial basis exists for crediting the hearsay, the finding of probable cause will not be invalidated. United States v. Agrusa, 541 F.2d 690, 694 (8th Cir. 1976), cert. denied, 429 U.S. 1045, 97 S.Ct. 751, 50 L.Ed.2d 759 (1977). Here, all three confidential sources were demonstrated to have been credible and reliable. It has been recognized in this circuit that although the use of multiple hearsay in such cases “is not to be encouraged”, given the circumstances of this case, “and the fact that the middle man in the hearsay chain was a named FBI agent . . . the affidavit provides probable cause for the wiretap order.” United States v. Fiorella, supra, 468 F.2d at 691-2. A more difficult problem is presented by the use in Agent Flohr’s affidavit of what is contended by the defendants to be “stale” information. In particular, defendants attack the use made by Agent Flohr of information obtained from Source One almost nine months prior to the application for Order # 1 relating to Marson’s connection with the scheme for obtaining contracts improperly. Also attacked is Agent Flohr’s use of information obtained from Source Two some six weeks prior to application for Order # 1, relating to Marson’s involvement and the use of Marson’s two residential telephones concerning the scheme. In Sgro v. United States, 287 U.S. 206, 53 S.Ct. 138, 77 L.Ed. 266 (1932), the Court held that proof of probable cause “must be of facts so closely related to the time of the issue of the warrant as to justify a finding of probable cause at that time.” 287 U.S. at 210, 53 S.Ct. at 140. However, the Court noted that “[wjhether the proof meets this test must be determined by the circumstances of each case.” Id. at 210-211, 53 S.Ct. at 140. Thus, although probable cause must exist at the time application for court-ordered surveillance is made, “[t]he question of the staleness of probable cause depends more on the nature of the unlawful activity alleged in the affidavit than the dates and times specified therein.” United States v. Harris, 482 F.2d 1115, 1119 (3d Cir. 1973). In United States v. Johnson, 461 F.2d 285, 287 (10th Cir. 1972), the court noted that “the vitality of probable cause cannot be quantified by simply counting the number of days between the occurrence of the facts relied upon and the issuance of the affidavit. . . . [Wjhere the affidavit properly recites facts indicating activity of a protracted and continuous nature, a source of conduct, the passage of time becomes less significant.” See also United States v. Hyde, 574 F.2d 856, 865 (5th Cir. 1978) (issue of staleness “must be examined more liberally when a continuing pattern of criminal activity is alleged”). Agent Flohr’s affidavit indicates the participation of Marson and others in the establishment and operation of the scheme to obtain contracts improperly over a nine-month period, confirmed in part by the FBI’s own investigation over the period. Because of the nature of this protracted and continuous operation, and the obvious sensitivity of the investigation necessary to obtain confirmation of the scheme, this court does not find the information given by Source One and Source Two to be stale to the point of requiring suppression. See United States v. Harris, supra, 482 F.2d at 1119; United States v. Fina, 405 F.Supp. 267, 274-275 (E.D.Pa.1975). In attacking the absence of probable cause in the remaining orders, the defendants have laboriously dissected into minute detail the lengthy affidavits submitted in support of those orders. Notwithstanding, there is no reason to disturb the findings of probable cause made by Judge Lucas and Judge Knapp in the remaining orders. As stated in Marson’s brief, Agent Flohr’s forty-three page affidavit of April 18, 1977, submitted in support of Order # 2, relies almost entirely upon evidence obtained as a result of Order # 1, which has been found to have been validly based on probable cause. Considering both the information accrued as a result of Order # 1 and the information recounted in Agent Flohr’s affidavit, ample evidence was presented to justify Judge Lucas’ finding of probable cause with respect to Order # 2. Intercepted communications of Marson and others named in Order # 2 concerned interference with commerce by threats or violence, bribery, solicitation to influence the operations of a benefits plan and improper means to collect extensions of credit. Of course, intercepted conversations may be used to establish probable cause for the renewal of a wiretap order. United States v. Fury, 554 F.2d 522, 530-31 (2d Cir.), cert. denied, 433 U.S. 910, 97 S.Ct. 2978, 53 L.Ed.2d 1095 (1977). Moreover, Source Two, whose credibility has already been established, confirmed the use of improper means to obtain contracts through personal conversations with Marson. Finally, the intercepted conversations themselves provide ample proof of the use of Marson’s telephones to achieve these ends. Agent Flohr’s affidavit also demonstrates that continuation of Order # 1 was required in order to further identify and define the roles of individuals in the scheme uncovered in intercepted conversations under Order # 1, and thus meets the requisites of Section 2518(l)(f). Similarly, Agent Walker’s twenty-six page affidavit, submitted in support of Order # 3, and which relies primarily upon confidential informants and communications intercepted pursuant to Orders # 1 and # 2, is attacked for lack of probable cause in its assertion that the parties named in the order were committing offenses including interstate transportation of stolen property, bankruptcy fraud and racketeering. Again, probable cause has been established. Intercepted communications indicated that Marson, DePalma and others attempted to falsify financial records at the Theatre and attempted to remove money from the Theatre through “gimmicks” which would not be discovered by Theatre auditors. Source Two, whose credibility has already been considered, advised Walker through another FBI agent that in conversations with Marson, Marson admitted “skimming money off the top” from Theatre operations with DePalma’s assistance and these proceeds were forwarded to Mar-son in California. Moreover, Source Two stated that DePalma called Marson daily from the Theatre or his residence to keep Marson advised of Chapter XI proceedings involving the Theatre and of attempts to get money out of the Theatre. Source Two’s statements are reliable, having been corroborated by intercepted conversations and, to the extent possible, independent FBI investigation. For example, an examination of public records indicated that the Theatre had recently filed Chapter XI proceedings. In addition, telephone company records indicated several calls between Mar-son and the Theatre. Previously intercepted conversations established DePalma’s role in the operation of the Theatre and his attempts to remove money from the Theatre during the pendency of the Chapter XI proceedings. Moreover, the intercepted conversations also set forth the role of Mar-son and Cannatella in attempting to remove money from the Theatre and the attempts of Marson and Weisman to conceal such activities from Theatre creditors. Finally, Cannatella’s claim that there was no probable cause for believing that the Theatre phones would be used for criminal conversations is refuted both by Source Two’s statement that DePalma called Mar-son daily from the Theatre and by communications intercepted pursuant to Orders # 1 and # 2 which indicated that Theatre telephones were being used for discussions concerning a false Theatre financial statement and the desire to run the Theatre into bankruptcy in order to avoid paying creditors. Agent Tolan’s twenty-eight page affidavit in support of Order # 4 also sufficiently establishes probable cause to continue for a thirty-day period electronic surveillance on DePalma’s residential telephone. Conversations intercepted as a result of Order # 3 demonstrate probable cause that Marson, DePalma, Eisner, Weisman and Cannatella were participating in offenses involving bankruptcy fraud; that Marson and DePalma were participating in offenses involving interstate transportation of stolen property; and that Marson, DePalma and Eisner were participating in offenses involving racketeer-influenced and corrupt organizations. Moreover, it was established through intercepts made pursuant to Order # 3 that conversations concerning these activities took place over DePalma’s residential telephone. Specifically, intercepted conversations showed that during the pendency of the Chapter XI proceedings sums of money were being diverted from proceeds of the Theatre to pay selected individuals including Marson, DePalma, Weisman and Cannatella. There was also evidence that certain Theatre tickets were sold without reporting the proceeds on the Theatre’s books and records. A confidential informant, described by Agent Tolan as Source One, connected DePalma with Theatre operations and with loans made to DePalma by organized crime figures. Because meetings between DePalma and organized crime figures were corroborated by FBI surveillance and because of Source One’s history of reliability, Source One’s information passes muster under the Aguilar test. Finally, Agent Tolan’s affidavit demonstrated the need for continued surveillance over DePalma’s telephone under Section 2518(l)(f). Although significant amounts of information regarding the activities in Order # 4 had been gleaned from Order # 3, the full extent and scope of the criminal activity had not been uncovered. Individuals who had been mentioned by those named in the order were not fully identified, nor were their full roles in the Theatre operation known. As observed by Agent Tolan, only the tip of the iceberg of criminal activity had been uncovered. Accordingly, extension of the wiretap on DePalma’s telephone was warranted. Similarly, Agent Keating’s thirty-four page affidavit established sufficient probable cause for the issuance of Order # 5 which authorized electronic surveillance over a telephone at the Theatre and over a second telephone at the DePalma residence. Agent Keating’s affidavit repeated much of the information given in Agent Tolan’s affidavit which established probable cause that the named subjects were participating in criminal activity in connection with the Theatre’s operation. Additionally, Agent Keating’s affidavit established the requisite probable cause that an additional telephone at the DePalma residence and a Theatre telephone were used for this purpose. Several intercepted conversations referred to the use of these telephone lines by DePalma, and FBI investigators confirmed the telephones were subscribed to by DePalma and the Theatre, respectively. Accordingly, no reasons have been presented to disturb the findings of Judge Lucas and Judge Knapp that sufficient probable cause existed to issue the wiretaps authorized by Orders # 1 through # 5. The Availability of Alternative Investigatory Techniques. Section 2518(3)(c) also requires that a finding that normal investigative procedures reasonably appear unlikely to succeed if tried or to be too dangerous. Defendants Marson, Cannatella, Pacella and Fusco attack the findings made before the issuance of each wiretap order on this basis. It has already been observed in this circuit that: the purpose of these “other investigative techniques” requirements “is not to foreclose electronic surveillance until every other imaginable method of investigation has been unsuccessfully attempted, but simply to inform the issuing judge of the difficulties involved in the use of conventional techniques.” Moreover, the required showing is to “be tested in a practical and commonsense fashion.” In short, the requirement is “simply designed to assure that wiretapping is not resorted to in situations where traditional investigation techniques would suffice to expose the crime.” United States v. Fury, supra, 554 F.2d at 530 [citations omitted]. As stated by the court in United States v. Spagnuolo, 549 F.2d 705, 710 (9th Cir. 1977): [A]n affidavit is not insufficient because it did not prove beyond a shadow of a doubt that ordinary technique's will fail or that their use will result in a loss of life or some equivalent disaster. The standard of reasonableness should be employed in measuring the affidavit against the statutory requirements. Thus, for an affidavit to be invalid under Section 2518(l)(c), there must be more than “the remote possibility that other investigative paths might lead to the desired evidentiary result.” United States v. Baker, 443 F.Supp. 526, 530 (S.D.N.Y.1977). Measured against these standards, the court finds Agent Flohr’s affidavit submitted in support of Order # 1 sufficiently demonstrated the reasonable unlikelihood of success of alternative methods. Agent Flohr’s affidavit recounted the difficulty of personal surveillance on Marson’s home by reason of its secluded and carefully guarded location. All three confidential sources stated they would not testify because of fear for their own personal safety and, if granted immunity, Sources Two and Three would not be able to give direct testimony against those who control Marson’s activities. Infiltration of the group named in the order was attempted by undercover agents but this proved fruitless; although other infiltration was to be attempted through the establishment of a competitive company vis-a-vis the Las Vegas cleaning supply and service company, this was considered dangerous and only of limited value in view of the fact that no source could provide information that documentary evidence existed which could be used against the individuals. In the circumstances related by the Flohr affidavit, no logical alternative is apparent or has been alleged to ascertain the details of the operation or Marson’s connection with it. Moreover, where, as here, it appears Marson’s telephone was routinely relied upon to conduct the business of the scheme wiretapping is particularly appropriate. See United States v. Steinberg, supra, 525 F.2d at 1130. Accordingly, Flohr’s affidavit passes statutory muster under Section 2518(l)(c). Similarly, Agent Flohr’s affidavit in support of Order # 2 sufficiently demonstrates the reasonable likelihood that alternative investigatory techniques would not succeed. Physical surveillance was of only limited utility in view of the caution with which the participants conducted their affairs in public and could do no more than confirm the comings and goings of the participants. Infiltration was attempted but proved insufficient to acquire evidence beyond the lower levels of the operation. Moreover, the participants often conferred with each other in guarded language and the identity of possible other conspirators and their roles were not clearly defined. With the need for continued interception demonstrated here, Order # 2 was validly issued. Agent Walker’s affidavit in support of Order # 3 also demonstrated the need for interception. Sufficient evidence did not exist for prosecution of the individuals in the order and no available sources could demonstrate the existence of documentary evidence which could be seized through a search warrant. Physical surveillance of the individuals in private offices inside the Theatre was impossible. Source Two reiterated his refusal to testify at grand jury proceedings even if granted immunity and expressed fear for his personal safety. Infiltration was not a viable alternative because of the close relationship between the participants and the geographical distance between them (California, New York and Michigan). The affidavits submitted in support of Orders # 4 and # 5 also sufficiently demonstrate the unavailability of normal investigative techniques under Section 2518(3)(c). Infiltration, by reason of the close financial relationship between those named in the orders and because they are separated by large distances, was stated to be unlikely to succeed. Confidential sources were unwilling to testify even if granted immunity and expressed fear for their personal safety. Additionally, identification of the sources would compromise other* investigations. Physical surveillance was limited to merely placing individuals together at a certain time and could give no information as to what was discussed. Accordingly, the court finds the affidavits demonstrated a sufficient need for the use of electronic surveillance under Section 2518(lj(c). The Veracity of the Affidavits. Marson has argued that both affidavits submitted by Agent Flohr in support of Orders # 1 and # 2 contain “misstatements and omissions of material fact” because exculpatory material concerning undercover meetings with certain named subjects of the orders and an FBI agent had not been supplied to Judge Lucas. In paragraph 34 of Flohr’s April 8, 1977 affidavit, Flohr, using information obtained through Special Agent Richards, described such a meeting on March 2, 1977. At that meeting, Richards presented himself as an individual who could obtain a contract for supplies by improper methods. Those participating in the meeting, according to Richards, stated that a California corporation would be established by which payments obtained from overbilling would be made, a procedure similar to the scheme already being used elsewhere. An affidavit dated August 4,1978 by one of those present contests Flohr’s representation of the facts. It is stated that Richards represented that he could “sell a lot of chemicals” to the City of Long Beach because he could “get to these officials and office holders.” Aff. August 4, 1978, 118. It was asserted that both participants: emphatically informed Mr. Richards that [the Las Vegas cleaning supply and service company] was not at all interested in paying off or offering bribes or kickbacks to any governmental officials or to anyone for that matter, nor trying to go in through the back doors in any illegal manner and, further, that [the Las Vegas cleaning supply and service company] was running a clean operation, had done so in the past, and intended to do so in the future, and that, clearly, neither [the Las Vegas cleaning supply and service company] nor Dan Levine nor affiant were interested in any such kind of indicated illegal activity. Aff. August 4, 1978, 19. Subsequent to this assertion, however, it was admitted that a business arrangement was reached with Richards whereby a California corporation would be formed to sell products “with the understanding that the California operation would not enter into any illegal activities.” Aff. August 4, 1978, 110. The affidavit then recounts a later meeting during May, 1977 held with two undercover FBI agents, concerning the possibility of manufacturing and distributing a soap product for a New Mexico corporation in New Mexico. The affidavit, as well as a second affidavit also dated August 4, 1978, stated that the affiants had stated in this meeting that they wanted no part of any illegal activities. A search warrant issued on the basis of an affidavit must be voided where a defendant can demonstrate (1) the affidavit contains statements which are intentionally false, or were made with reckless disregard of the truth and (2) without the false statements, the affidavit lacks probable cause for issuance of the warrant. Franks v. Delaware, supra, 98 S.Ct. at 2676-7. First, Marson can demonstrate no intentionally or recklessly false statement in the Flohr affidavits. Obviously, the understanding of the affiant present at the March meeting with Roberts differed from the understanding presented from Roberts in Flohr’s April 8 affidavit. However, in order for a false statement to be intentional or reckless, such statement must be within the affiant’s personal knowledge. See Rugendorf v. United States, 376 U.S. 528, 532, 84 S.Ct. 825, 11 L.Ed.2d 887 (1964). As the Court noted in Franks, “Rugendorf emphasized that the ‘erroneous statements . were not those of the affiant’; and thus ‘fail[ed] to show that the affiant was in bad faith or that he made any misrepresentation to the Commissioner in securing the warrant.’ [Citation omitted.]” 98 S.Ct. at 2680. See United States v. Sultan, 463 F.2d 1066, 1070 (2d Cir. 1972) (“probable cause is not defeated because an informant is later proved to have lied, as long as the affiant accurately represented what was told him.”) Here, as in Rugendorf, the allegedly false statements were not those of the affiant, but of a third party who relayed them to the affiant. Accordingly Marson can demonstrate no intentional or reckless falsity. Second, even should it be found that Flohr’s statements were recklessly or intentionally false, the orders authorizing the interceptions will not be set aside unless the affidavits fail to set forth probable cause absent the false statements, Franks, supra, United States ex rel. Cubicutti v. Vincent, 383 F.Supp. 662, 667 (S.D.N.Y.1974). Absent Richards’ allegations of his dealings with those said to be involved in the scheme, there still remained adequate evidence in both affidavits submitted by the Government to support Judge Lucas’ findings of probable cause as has been set forth. No further hearing on this subject is required. Full and Complete Factual Statement Certain defendants have moved to suppress evidence obtained pursuant to the five wiretap orders on the ground that the Government failed to supply the issuing judges with a “full and complete statement of the facts and circumstances relied upon!’ in the affidavits submitted in support of the orders. 18 U.S.C. 2518(l)(b). Defendants Pacella and Fusco have raised certain objections with regard to the naming of individuals in the five wiretap orders. Pacella asserts that any interception of conversations participated in by him should be suppressed because he was not named as a subject of Orders # 4 and # 5 although he admits the Government had sufficient probable cause to name him. In affidavits submitted .in support of both Orders # 4 and # 5, Pacella is named in the body of the affidavits but is not named as a subject of the electronic surveillance being sought. The Government contends that it did not believe it had the probable cause necessary to name Pacella as a subject of the order under Section 2518(l)(b)(iv) which requires that an affidavit in support of a wiretap order identify “the person, if known, committing the offense and whose communications are to be intercepted.” Although by the terms of the statute the Government need not name an individual as a subject of a wiretap order in the absence of probable cause, even assuming such probable 'cause existed, Pacella’s argument is foreclosed by United States v. Donovan, 429 U.S. 413, 97 S.Ct. 658, 50 L.Ed.2d 652 (1977). There, the Court held that the failure to name as the subject of a wiretap order one whom the Government had probable cause to name was a violation of Section 2518(l)(b)(iv) but that such violation did not require suppression of conversations involving that individual under Section 2518(10). In so holding, the Court found that “suppression is required only for a ‘failure to satisfy any of those statutory requirements that directly and substantially implement the congressional intention to limit the use of intercept procedures to those situations clearly calling for the employment of this extraordinary investigative device’ [citing] United States v. Giordano, 416 U.S. 505, 527, 94 S.Ct. 1820, [40 L.Ed.2d 341 (1974).]” 429 U.S. 433-34, 97 S.Ct. 671. Although the Court noted that the statutory requirement of Section 2518(1)(b)(iv) was “undoubtedly important” (id. at 434, 97 S.Ct. 658), the Court held that “the failure to identify additional persons who are likely to be overheard engaging in incriminating conversations could hardly invalidate an otherwise lawful judicial authorization.” Id. at 435, 97 S.Ct. at 672. Accordingly, the failure to name Pacella as a target of Orders # 4 and # 5 is not a ground for suppression of his intercepted conversations. See United States v. Scafidi, 564 F.2d 633, 642 (2d Cir. 1977); United States v. Smith, 565 F.2d 292, 294 (4th Cir. 1977). Orders # 4 and # 5 both name as a target of the wiretaps one “ ‘Richie’ believed to be Richard Fusco”. Taking a position opposite to that taken by Pacella, Fusco contends that interceptions of conversations in which he participated should be suppressed because the Government did not have probable cause to believe the “Richie” named in the orders was Richard Fusco. First, it should be noted that, as the Government admits, there was not a sufficient showing of probable cause to name Fusco as the subject of the orders; rather, the Government named a “Richie” which it believed to be Fusco. The question therefore becomes whether the Government had probable cause to name a “Richie” in the orders. An analysis of the affidavits submitted in support of Orders # 4 and # 5 adequately demonstrates such probable cause existed since both the logs and the transcripts of intercepted conversations several times reflect the participation of a “Richie” in pertinent conversations. Even were a lack of probable cause shown, however, Fusco’s argument is foreclosed by Donovan, supra. A failure on the part of the Government to comply with Section 2518(l)(b)(iv) is not a ground for suppression. 429 U.S. at 434, 97 S.Ct. 658. In a similar fashion, Marson asserts that evidence obtained under the five wiretap orders should be suppressed because conversations relating to the alleged bankruptcy fraud at the Theatre were reasonably anticipated prior to March 10, 1977 when Judge Lucas signed Order # 1 but were not included in Agent Flohr’s affidavit of that date in violation of Section 2518(l)(b). In support of his position, Mar-son cites Agent Walker’s testimony that prior to Order # 1, the Los Angeles FBI office knew from a review of toll charges that Marson was in telephonic communication with DePalma; that DePalma was reputedly associated with organized crime; that DePalma was involved with the Theatre; that DePalma, Marson and others were photographed at the Theatre; and that a past criminal investigation of the Theatre had been conducted by the FBI. These facts fall short, however, of Marson’s contention that prior to March 10, the Government knew that Marson, DePalma and others were engaged in a bankruptcy fraud scheme at the Theatre or that the Government was aware that Marson was using his telephone to discuss these activities. Walker has testified that Marson was not specifically known to have been an object of an earlier Theatre investigation nor was the extent of his involvement with the Theatre known. Moreover, prior to the institution of Order # 1, Walker was never instructed to “dig up” evidence on the Theatre or listen for calls that might relate to the Theatre. The Government is only required to list in its application those crimes which it has probable cause to believe are being committed. Section 2518(l)(b). Marson has presented no evidence beyond supposition to indicate this statutory standard has been breached. Minimization. The defendants have all moved to suppress evidence obtained by the Government through electronic surveillance, alleging that the evidence was acquired in violation of the “minimization” requirement of 18 U.S.C. § 2518(5). That section provides: Every order . . . shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter Defendants assert that the manner in which the wiretaps were executed resulted in unnecessary monitoring and recording of privileged or irrelevant conversations in violation. of Section 2518(5) and urge that all the intercepted conversations be suppressed under 18 U.S.C. § 2518(10)(a). For the reasons hereinafter stated, this aspect of defendants’ motion is denied. Section 2518(5) was designed to prevent improper invasions of the right of privacy and to curtail the indiscriminate seizure of communications. United States v. Clerkley, 556 F.2d 709, 715 (4th Cir. 1977); United States v. Focarile, 340 F.Supp. 1033, 1044 (D.Md.1972), aff’d. sub nom. United States v. Giordano, 469 F.2d 522 (4th Cir. 1972), aff’d., 416 U.S. 505, 94 S.Ct. 1820, 40 L.Ed.2d 341 (1974). Before evidence seized under this section may be admitted, the court must be “left with the conviction that on the whole the agents have shown a high regard for the right of privacy and have done all they reasonably could to avoid unnecessary intrusion.” United States v. Tortorello, 480 F.2d 764, 784 (2d Cir.), cert. denied, 414 U.S. 866, 94 S.Ct. 63, 38 L.Ed.2d 86 (1973). The proper standard to apply is thus one of reasonableness. The Government has the initial burden to show compliance with minimization requirements. United States v. Rizzo, 491 F.2d 215, 217, n.7 (2d Cir.), cert. denied, 416 U.S. 990, 94 S.Ct. 2399, 40 L.Ed.2d 769 (1974). To determine whether the Government has met this burden, reference must be made to Scott v. United States, 436 U.S. 128, 98 S.Ct. 1717, 56 L.Ed.2d 168 (1978), where the Supreme Court for the first time construed the minimization requirement of Section 2518(5). In Scott, a court order was issued authorizing the interception of telephone communications over a single telephone of nine individuals who were allegedly participating in a conspiracy to import and distribute narcotics. The court order authorizing the interception required that the wiretap be conducted in such a way as to minimize nonpertinent communications. Pursuant to the order, the Government intercepted all the communications over the phone, although only 40% of the intercepted conversations were narcotics related. The Court rejected defendants’ argument that the interception of each call constituted a lack of good faith by the monitoring agent and a consequent violation of Section 2518(5). Rather, the Court held that an objective assessment must be made as to whether the actions of the monitoring agents were reasonable under the circumstances: Because of the necessarily ad hoc nature of any determination of reasonableness, there can be no inflexible rule of law which will decide every case. The statute does not forbid the interception of all nonrelevant conversations, but rather instructs the agents to conduct the surveillance in such a manner as to “minimize” the interception of such conversations. Whether the agents have in fact conducted the wiretap in such a manner will depend on the facts and circumstances of each case. Scott, 98 S.Ct. at 1724. The five court-ordered wiretaps in this case authorized electronic surveillance in what the Government alleges were widespread criminal enterprises involving a large number of persons operating in several states. In total, 353 reels of tape recorded over 12,000 intercepted conversations. Of this number, defendants have questioned the interception of less than 400 conversations, although an examination of the logs indicates a much larger number of nonpertinent interceptions. Despite the relatively small number of objections raised by defendants, considering the total number of interceptions, a review of the Government’s minimization is required. In this connection, hearings were conducted before this court on August 8, 9, 10, 28 and 29, 1978. The Government called several FBI agents as witnesses and introduced numerous exhibits into evidence. Defendants were given an opportunity to establish that the Government had not met its burden of establishing a reasonable effort at minimization, as required by Scott. Prior to the commencement of monitoring, Government attorneys gave detailed oral and written instructions regarding minimization to the agents who were to monitor the wiretaps. Before assuming his duties at a monitoring post, each agent was required to read and initial the written instructions, the court order and supporting affidavit, all of which were posted at the monitoring station. The monitoring agents were instructed to make a good faith effort not to intercept nonpertinent or privileged communications, both of which were explained to the agents in some detail. Instructions regarding the actual monitoring of conversations were specific. With regard to the California wiretaps, the agents were instructed to monitor each conversation for a maximum of three minutes in order to determine whether the conversation was pertinent; if not, monitoring and recording were tó be discontinued immediately. For the New York wiretaps, the agents were instructed to determine the pertinence of a call within two minutes. At the ends of these time periods (or earlier if nonpertinence became apparent), interception was to cease; the agents were then to wait three minutes and if the conversation was continuing to reinstate interception for an additional one minute period to determine the pertinence of a call. If the call remained nonpertinent, the agent was instructed to terminate interception. The agents were instructed to keep logs of each monitored conversation and the logs were reviewed daily by supervisory agents to assure that minimization procedures were being followed. Daily oral reports and periodic written memoranda were made to Government attorneys to review the monitoring operation. Based upon information so obtained and obtained by other methods of investigation, the Government attorneys submitted five-day reports to Judge Lucas and Judge Knapp during the extent of each wiretap order. Through an analysis of the logs, the Government attempted to limit the interception of nonpertinent telephone conversations by discontinuing monitoring on telephones not used by subjects of the order. Agents were instructed not to intercept conversations of a privileged nature. When it became known that certain attorneys were communicating with subjects of the orders, the attorneys’ names were posted at monitoring stations and agents were instructed to cease interception of these conversations once identities of the parties were determined. Similar procedures were followed with respect to discovered instances of husband-wife, doctor-patient and priest-penitent privilege. The defendants argue that despite this procedure, numerous nonpertinent calls were indeed intercepted by the monitoring agents as were several calls of a privileged nature, and that the monitoring agents failed to follow their own guidelines and thus violated the statutory minimization requirements. In particular, defendants assert the monitoring agents intercepted attorney-chent and doctor-patient conversations, although the agents should have known such communications were privileged. In addition, defendants contend that conversations concerning DePalma’s car, girlfriend and grooming were continually intercepted although monitoring agents should have recognized a “pattern of innocence” and accordingly, the nonpertinence of the conversation. Finally, the defendants assert that the large number of non-pertinent interceptions indicate a per se failure to properly minimize under the statute. First, the court notes that the mere number of nonpertinent interceptions does not require a finding-that statutory minimization standards have been violated. See, e. g., Scott, supra (interception of 60% nonpertinent calls did not indicate a failure to minimize); United States v. Manfredi, 488 F.2d 588 (2d Cir. 1973), cert. denied, 417 U.S. 936, 94 S.Ct. 2651, 41 L.Ed.2d 240 (1974) (no suppression where every telephone call was intercepted and recorded although 50% were nonpertinent). Moreover, the court should approach the issue of the reasonableness of the Government’s minimization efforts not with the benefit of hindsight, but rather in light of the circumstances as they existed at the time of the interceptions. See, e. g., Scott, supra; United States v. Sisca, 361 F.Supp. 735, 745 (S.D.N.Y.1973), aff’d on other grounds, 503 F.2d 1337 (2d Cir.), cert. denied, 419 U.S. 1008, 95 S.Ct. 328, 42 L.Ed.2d 283 (1974). Accordingly, it has been recognized that “[i]t is virtually impossible to completely exclude all irrelevant matter from intercepted conversations.” United States v. Schwartz, 535 F.2d 160, 164 (2d Cir. 1976), cert. denied, 430 U.S. 906, 97 S.Ct. 1175, 51 L.Ed.2d 581 (1977). Where, as here, a widespread criminal conspiracy is thought to exist, “more extensive surveillance may be justified in an attempt to determine the precise scope of the enterprise.” Scott, 98 S.Ct. at 1725. Nevertheless, the statute requires that unnecessary intrusions into communicants’ private conversations be “minimized,” i.e., reduced to the smallest possible degree. United States v. Clerkley, supra, 556 F.2d at 716. Thus it is important for a proper minimization procedure that the Government recognize “patterns of innocence.” Once the interception has commenced, the Government should be able to determine nonpertinent conversations which are irrelevant as indicated by the identity of the parties or the telephone number. See Scott, supra. Application of these standards indicates that, for the most part, proper minimization techniques were utilized by the Government in the circumstances which existed at that time. Several difficult problems faced the Government in its monitoring operations under the five wiretap orders. First, the Government was investigating a complex series of financial transactions in Nevada and New York. At the instigation of the investigation, the agents reported calls from unknown parties whose identities were difficult to ascertain. Moreover, parties to the conversations often spoke in guarded or coded terms and also lapsed at times into foreign language. It was difficult to develop patterns of nonpertinent conversations because of the one-time-only nature of the calls. Finally, it was difficult to identify parties to the conversations when ■ nicknames or less than complete names were used. Interception of many of the conversations cited by defendants terminated within the two or three minutes guideline issued by the Government attorneys. Other telephone conversations were recognized by the agents as being nonpertinent as indicated by the logs and monitoring was then discontinued. Still other intercepts appear to have been pertinent, contrary to the defendants’ interpretations. Initial interceptions of conversations concerning DePalma’s car, girlfriend and grooming appear justified under the circumstances. Analysis of the agents’ logs indicate that for each of the five intercepted conversations with DePalma’s barber cited by defendants, the agents recognized the nonpertinence of the call and discontinued monitoring, usually within two minutes. Similarly, the interceptions of conversations with DePalma’s mechanic pointed out by defendants were terminated within a two or three minute period, often with the agents noting the nonpertinence of the call in the logs. Telephone conversations between DePalma and his mother were also intercepted, although in two cases the agent noted in his log the nonpertinence of the call within two minutes and monitoring was discontinued, subject to spot-checking. Another call was terminated in less than one minute. The strongest argument presented by the defendants for the proposition that the Government should have recognized a pattern of innocence is with regard to the interception of DePalma’s conversations with his girlfriend. In the majority of these twenty-four telephone conversations between DePalma and his girlfriend, the woman did not disclose her name and was listed on the log as “unknown female”. Several calls were very brief (less than one minute) and consisted of a quickly arranged tryst. In almost every ease, the agents recognized the nonpertinence of each call and discontinued monitoring within a brief period of time. Nevertheless, the defendants assert that because of tlW frequency of the calls, many of which were directed to the same number, the agents should have recognized the nonpertinence of the calls as soon as the number was dialed and immediately discontinued monitoring. However, the Government has pointed out to the court that on at least one occasion, a conversation between DePalma and his girlfriend disclosed pertinent information concerning DePalma’s alleged contacts with organized crime. In such circumstances, no pattern of innocence could be established with finality and continued monitoring was warranted to determine pertinency. The Government also intercepted privileged communications between husband-wife, attorney-client and doctor-patient. As with all other inter