Full opinion text
MEMORANDUM OPINION MARSHALL, District Judge. Defendants are charged in an eleven count indictment with conspiracy to bribe a United States Senator in violation of 18 U.S.C. §§ 201(b)(1) and 371 (1976), travel in interstate commerce with intent to commit bribery in violation of 18 U.S.C. § 1952 (1976), and nine separate counts of wire fraud stemming from an alleged scheme to defraud the Central States, Southeast and Southwest Areas Pension Fund (“Fund”) of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America (“Teamsters”) of the loyal services of two of the defendants, and attempting to obtain money and property by means of false pretenses in violation of 18 U.S.C. § 1343 (1976). On December 9, 1981 we denied defendants’ motions to dismiss the indictment. See United States v. Dorfman, 532 F.Supp. 1118 (N.D.Ill.1981). That opinion describes in detail the nature and scope of the charges against the defendants and we will not repeat the description here except where particular facts are relevant. Pending before the court are defendants’ motions to suppress evidence obtained by the government through electronic surveillance. The surveillance, which extended over 14 months and produced more than 2000 reels of recordings, is the most pervasive of which we are aware. The motions are quite general but the briefs in support of them raise a plethora of statutory and constitutional contentions. All defendants have joined in the motions but they have filed separate briefs and supporting materials and occasionally press arguments relevant to only a single defendant. In general our decision on any given issue encompasses the arguments raised by all defendants; however, where necessary, we treat with particularity an argument raised by a single defendant or a discrete group of defendants. The written materials submitted to the court by the defendants and the government consist of over 950 pages of briefs and over a thousand pages of supporting documents. In addition, 14 days of testimony was heard on certain issues. While we have considered each brief and all the supporting material submitted by the parties, it would be both unnecessary and unworkable to respond to every question of fact and law joined by counsel. Our discussion will be restricted to those factual and legal issues necessary to resolve the questions set forth below. At the time of the evidentiary hearing we advised the parties that, on those issues, the only evidence upon which we would rely was the evidence offered and received at the hearing and not unproved allegations made by way of briefs or appendices. We adhere to that position in rendering this decision. I The arguments pressed by defendants in support of their motions to suppress break down into three categories: the sufficiency of the applications to and orders of the court authorizing the electronic surveillance at Amalgamated Insurance Agency Services, Inc. (“Amalgamated”) under the probable cause standard of the fourth amendment and Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510-2520 (1976 & Supp.II 1978) (“Title III”); the good faith of the government in the representations made to the authorizing judge for purposes of securing the original warrant and extensions; and the government’s compliance during the course of the electronic surveillance with the requirements of Title III. Defendants attack the original application and order of January 29, 1979, as well as extension applications and orders issued on March 1, March 30, April 7 and April 28. The law with respect to the issue of probable cause, the allegations of government misconduct and compliance with Title III is of course the same for each time period. However, defendants’ attack is predicated upon facts often peculiar to particular applications or orders. Thus, while we set forth a general discussion of the law below, we treat separately the issue of probable cause and the challenge to the government’s good faith as to each application and order. II In late 1978, the United States Department of Justice and the Federal Bureau of Investigation (“the government”) initiated an investigation of Allen Dorfman (“Dorfman”) under the code name “Pendorf.” As part of the investigation, the government applied to Chief Judge James B. Parsons of this court for authority, under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 18 U.S.C. §§ 2510-20 (1976 & Supp.II 1978), to place a wiretap on the telephones at Amalgamated, which was Dorfman’s place of business. The application was made and granted on January 29,1979. Under the wiretap order issued by Chief Judge Parsons, the government was required to return to the court every thirty days in order to obtain authority to extend the tap. Defendants challenge the validity of the original January 29 order, as well as the extensions granted by Chief Judge Parsons on March 1 and 30, 1979. Defendants also attack the validity of an April 7,1979 order which allowed the tap to be expanded to an additional telephone line at Amalgamated, and which authorized the placement of electronic listening devices in the offices of Dorfman and William Webbe, another employee of Amalgamated. Defendants do not specifically challenge the court orders which authorized electronic surveillance of Amalgamated after April 7, but do seek suppression of the results of the subsequent surveillance as fruits of a poisonous tree, see generally Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963); 18 U.S.C. § 2515 (1976). Defendants’ basic attack on the surveillance orders is on two fronts. First, they claim that the applications for the orders which are the equivalent of warrants, were facially insufficient, in that the affidavits submitted to the court did not recite facts sufficient to create probable cause to authorize electronic surveillance. Second, they claim that the affidavits and applications contain intentional and/or reckless material misrepresentations of fact which void the warrants and require that the evidence obtained through the surveillance be suppressed under the rule of Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). Before addressing the particular contentions advanced by defendants, we review the principles which underlie them. A It is now beyond question that the overhearing of conversations by means of electronic surveillance invades the expectations of privacy protected by the fourth amendment, and constitutes a “seizure” within the meaning of the amendment. See Katz v. United States, 389 U.S. 347, 351-53, 88 S.Ct. 507, 511-12, 19 L.Ed.2d 576 (1967). The fourth amendment requires that surveillance be authorized by a warrant issued by a neutral judicial officer. See id. at 354-59, 88 S.Ct. at 512-15; Berger v. New York, 388 U.S. 41, 54-55, 87 5. Ct. 1873, 1881-82, 18 L.Ed.2d 1040 (1967). This is because the Constitution demands that the difficult decision whether to invade the privacy interests protected by the fourth amendment should be made “by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime.” Johnson v. United States, 333 U.S. 10, 14, 68 S.Ct. 367, 369, 92 L.Ed. 436 (1948). Consequently, interception of oral or telephonic communications by means of electronic surveillance which has not been authorized by a valid warrant must be suppressed under both Title III and the Constitution. See 18 U.S.C. § 2518(10) (Supp.II 1978); Alderman v. United States, 394 U.S. 165, 171, 89 S.Ct. 961, 965, 22 L.Ed.2d 176 (1969). The text of the fourth amendment requires that warrants issue only upon “probable cause.” In order to determine whether the orders issued in this case were based on probable cause, we must review the applications and affidavits and determine whether they reveal facts and circumstances within the affiant’s personal knowledge, or of which he had reasonably trustworthy information, sufficient to warrant a man of reasonable caution to believe that criminal activity was afoot. Berger v. New York, 388 U.S. 41, 55, 87 S.Ct. 1873, 1881, 18 L.Ed.2d 1040 (1967); McCray v. Illinois, 386 U.S. 300, 304, 87 S.Ct. 1056, 1058-59, 18 L.Ed.2d 62 (1967); Beck v. Ohio, 379 U.S. 89, 96, 85 S.Ct. 223, 228, 13 L.Ed.2d 142 (1964); Henry v. United States, 361 U.S. 98, 102, 80 S.Ct. 168, 171, 4 L.Ed.2d 134 (1959). Probable cause is only a reasonable probability of criminal activity; it does not require certainty or even a prima facie showing of criminal activity. Spinelli v. United States, 393 U.S. 410, 419, 89 S.Ct. 584, 590, 21 L.Ed.2d 637 (1969). Accordingly, defendants’ position, often expressed in their analysis of the affidavits and applications for orders, that the presence of innocent explanations for much of the information presented in the applications (e.g. innocent business explanations of long distance telephone calls between Amalgamated and Nevada gambling casinos) vitiates the warrants, must be rejected. Even if there is an innocent explanation, as long as there is a reasonable probability that there is criminal activity afoot, despite the presence of other possibilities, probable cause is present. See, e.g., United States v. Anton, 633 F.2d 1252, 1254 (7th Cir. 1980), cert. denied, 449 U.S. 1084, 101 S.Ct. 870, 66 L.Ed.2d 808 (1981); United States v. McLemore, 573 F.2d 1154, 1157 (10th Cir. 1978); United States v. Fury, 554 F.2d 522, 531 (2d Cir.), cert. denied, 433 U.S. 910, 97 S.Ct. 2978, 53 L.Ed.2d 1095 (1977). The probable cause determination is made by examining only the four corners of the application and affidavits. “It is elementary that in passing on the validity of a warrant, the reviewing court may consider only information brought to the magistrate’s attention.” Spinelli v. United States, 393 U.S. 410, 413 n. 3, 89 S.Ct. 584, 587 n. 3, 21 L.Ed.2d 637 (1969) (emphasis in original) (quoting Aguilar v. Texas, 378 U.S. 108, 109 n. 1, 84 S.Ct. 1509, 1511 n.1, 12 L.Ed.2d 723 (1964)). Furthermore, when making the determination, it is important to construe the affidavits in a realistic and non-technical manner. United States v. Harris, 403 U.S. 573, 579, 91 S.Ct. 2075, 2080, 29 L.Ed.2d 723 (1971) (plurality opinion). If the teachings of the Court’s cases are to be followed and the constitutional policy served, affidavits for search warrants, such as the one involved here, must be tested and interpreted by magistrates and courts in a commonsense and realistic fashion. They are normally drafted by nonlawyers in the midst and haste of a criminal investigation. Technical requirements of elaborate specificity once exacted under common law pleadings have no proper place in this area. A grudging or negative attitude by reviewing courts toward warrants will tend to discourage police officers from submitting their evidence to a judicial officer before acting. United States v. Ventresca, 380 U.S. 102, 108, 85 S.Ct. 741, 745,13 L.Ed.2d 684 (1965). In Title III Congress codified the probable cause requirement with a three-tiered test. See United States v. Armocida, 515 F.2d 29, 35 (3d Cir.), cert. denied, 423 U.S. 858, 96 S.Ct. 111, 46 L.Ed.2d 84 (1975); United States v. Lyons, 507 F.Supp. 551, 554 (D.Md.1981). The statute provides that an order may issue if the judge determines on the basis of the facts submitted by the applicant that— (a) there is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 2516 of this chapter; (b) there is probable cause for belief that particular communications concerning that offense will be obtained through such [oral or wire] interception; (d) there is probable cause for belief that the facilities from which, or the place where, the wire or oral communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person. 18 U.S.C. § 2518(3) (1976). The statutory standard is identical to the constitutional standard requiring reasonable grounds to believe that the tap will produce evidence of a crime. United States v. Hyde, 574 F.2d 856, 862 (5th Cir. 1978); United States v. Fury, 554 F.2d 522, 530 (2d Cir.), cert. denied, 433 U.S. 910, 97 S.Ct. 2978, 53 L.Ed.2d 1095 (1977); United States v. Armocida, 515 F.2d 29, 36, 40 (3d Cir.), cert. denied, 423 U.S. 858, 96 S.Ct. 111, 46 L.Ed.2d 84 (1975); United States v. Falcone, 505 F.2d 478, 481 (3rd Cir. 1974), cert. denied, 420 U.S. 955, 95 S.Ct. 1338, 43 L.Ed.2d 432 (1975); United States v. James, 494 F.2d 1007, 1015 (D.C.Cir.1974); United States v. Kleve, 465 F.2d 187, 190-91 (8th Cir. 1972); United States v. Baynes, 400 F.Supp. 285, 295 n. 17 (E.D.Pa.1975), aff’d mem., 517 F.2d 1399 (3d Cir. 1976); United States v. DeCesaro, 349 F.Supp. 546, 549 (E.D.Wis.1972), rev’d on other grounds, 502 F.2d 604 (7th Cir. 1974); United States v. Cantor, 328 F.Supp. 561, 565 (E.D.Pa.1971), aff’d, 469 F.2d 435 (3d Cir. 1972). It necessarily follows from what has been said that an application for a Title III order or fourth amendment warrant is insufficient if it contains no more than conclusory statements indicating that the government agents believe they have probable cause. If this were enough, there would be no meaningful basis for review by a magistrate and the fourth amendment’s protections would be secure only in the discretion of police officers, which is the very result the warrant requirement seeks to avoid. Aguilar v. Texas, 378 U.S. 108, 111, 84 S.Ct. 1509, 1512, 12 L.Ed.2d 723 (1964); Johnson v. United States, 333 U.S. 10, 14, 68 S.Ct. 367, 369, 92 L.Ed. 436 (1948). Accordingly, the application must contain sufficient underlying facts so that the magistrate can make an independent determination as to the existence of probable cause. Ventresca, 380 U.S. at 108-09, 85 S.Ct. at 745-46; Beck v. Ohio, 379 U.S. 89, 96, 85 S.Ct. 223, 228, 13 L.Ed.2d 142 (1964); Giordenello v. United States, 357 U.S. 480, 486, 78 S.Ct. 1245, 1250, 2 L.Ed.2d 1503 (1958). However, once the magistrate or, in this case, the issuing judge has made the determination, it is entitled to deference from a reviewing court. See Spinelli v. United States, 393 U.S. 410, 419, 89 S.Ct. 584, 590, 21 L.Ed.2d 637 (1969); Aguilar, 378 U.S. at 111, 84 S.Ct. at 1512; Jones v. United States, 362 U.S. 257, 270-71, 80 S.Ct. 725, 735-36, 4 L.Ed.2d 697 (1960). Sometimes, direct evidence of observations of criminal activity is presented to the issuing magistrate in an application for a warrant. However, more often direct evidence is not submitted to the magistrate. Rather, hearsay is used; an affiant will report to the court information he has learned which leads him to believe that there is probable cause to issue a warrant. When hearsay is used a two-pronged test is applied: the application must set out the underlying circumstances from which the hearsay declarant, usually a government informant, reached his conclusions, and it must set out underlying circumstances from which the affiant concluded that the hearsay informant is reliable. See Spinelli, 393 U.S. at 413, 89 S.Ct. at 587; Aguilar, 378 U.S. at 114-15, 84 S.Ct. at 1513-14. The first prong is directed toward the informant’s conclusion that criminal activity is afoot and will be discovered by electronic surveillance. To satisfy this prong, there must be a reasonable probability that the interception will discover criminal activity. Mere suspicion is insufficient. Spinelli, 393 U.S. at 419, 89 S.Ct. at 590. Moreover, the activity that is alleged must be criminal; innocent activity, no matter how suspicious, is insufficient. See Reid v. Georgia, 448 U.S. 438, 100 S.Ct. 2752, 65 L.Ed.2d 890 (1980) (per curiam); Spinelli, 393 U.S. at 414, 418, 89 S.Ct. at 588, 590. The inquiry is whether, assuming the veracity of the informant, there is an adequate basis for the informant’s conclusion that criminal activity is afoot. United States v. Button, 653 F.2d 319, 323 (8th Cir. 1981) (citing 1 W. LaFave, Search and Seizure § 3.3 (1978)). The informant must indicate the source or basis for his knowledge, so that the magistrate can independently evaluate the reliability of the informant’s conclusions. Aguilar, 378 U.S. at 112-14, 84 S.Ct. at 1512-13; Giordenello v. United States, 357 U.S. 480, 486-87, 78 S.Ct. 1245, 1250-51, 2 L.Ed.2d 1503 (1957). In short, the affidavit must indicate how the informant drew his conclusions, see Spinelli, 393 U.S. at 416, 89 S.Ct. at 589; United States v. Button, 653 F.2d at 323-24; United States v. Karathanos, 531 F.2d 26, 30-31 (2d Cir.), cert. denied, 428 U.S. 910, 96 S.Ct. 3221, 49 L.Ed.2d 1217 (1976); United States v. Long, 439 F.2d 628, 630 (D.C.Cir.1971), so that the magistrate can determine that the informant is acting on the basis of something more substantial than a casual rumor, Spinelli, 393 U.S. at 416, 89 S.Ct. at 589. Defendants in the case at bar interpret the first prong to require that the affidavit specifically state what the informant “saw, touched, heard or smelled firsthand.” Such a requirement is unnecessary, too strict, and at odds with Ventresca’s prohibition of “[technical requirements of elaborate specificity,” 380 U.S. at 108, 85 S.Ct. at 745. As long as the context of the affidavit, read as a whole and in a commonsense fashion, reveals that the accusations are sufficiently detailed “that the magistrate may know he is relying on something more substantial than a casual rumor circulating in the underworld or an accusation based on an individual’s general reputation,” Spinelli, 393 U.S. at 416, 89 S.Ct. at 589, the affidavit is sufficient. The specificity defendants seek is not required if the context in which the charges are made provides a basis for crediting the accusations as substantial. See United States v. Harris, 403 U.S. 573, 91 S.Ct. 2075, 29 L.Ed.2d 723 (1971) (plurality opinion); United States v. Landis, 632 F.2d 66, 68 (8th Cir. 1980), cert. denied, 450 U.S. 918, 101 S.Ct. 1363, 67 L.Ed.2d 344 (1981); United States v. Carmichael, 489 F.2d 979, 981 (7th Cir.), vacated in part on other grounds, 489 F.2d 983 (7th Cir. 1973) (en banc); United States v. Wilson, 479 F.2d 936 (7th Cir. 1973) (en banc). Whether there is a basis for relying on the information contained in the application and affidavit depends in part on its timeliness. Probable cause must exist at the time the magistrate issues the warrant, not merely at some point in the past. Sgro v. United States, 287 U.S. 206, 210, 53 S.Ct. 138, 140, 77 L.Ed. 260 (1932); 1 W. LaFave, Search and Seizure § 3.7(a) (1978). The affidavit must demonstrate that the information is not stale, for timeliness “cannot be left to mere inference or conjecture.” Sgro, 287 U.S. at 211, 53 S.Ct. at 140; see United States v. Boyd, 422 F.2d 791 (6th Cir. 1970); Rosencranz v. United States, 356 F.2d 310, 317-18 (1st Cir. 1966); Commonwealth v. Simmons, 450 Pa. 624, 301 A.2d 819 (1973). This does not mean, however, that every item of information in the affidavit must be specifically dated. If the overall context of the affidavit indicates that the information is timely, the affidavit is sufficient. See United States v. Dauphinee, 538 F.2d 1 (1st Cir. 1976); State v. McCormick, 584 S.W.2d 821 (Tenn.Cr.App. 1979); 1 W. LaFave, supra p. 13 § 3.7(b). Context is critical as there are no hard and fast rules for staleness of information. Staleness can only be judged by reference to the particular type of crime. Thus, when the affidavit recites ongoing criminal activity of a type likely to continue over a substantial period of time, the timeliness of the information in the affidavit is less important. See Andresen v. Maryland, 427 U.S. 463, 478 n. 9, 96 S.Ct. 2737, 2747 n.9, 49 L.Ed.2d 627 (1976); United States v. Button, 653 F.2d 319, 325 (8th Cir. 1981); United States v. Perry, 643 F.2d 38, 50 (2d Cir.), cert. denied, 454 U.S. 835, 102 S.Ct. 138, 70 L.Ed.2d 115 (1981); United States v. Webster, 639 F.2d 174, 178-79 (4th Cir. 1981); United States v. Vazquez, 605 F.2d 1269, 1281-82 (2d Cir.), cert. denied, 444 U.S. 981, 100 S.Ct. 484, 62 L.Ed.2d 408 (1979); United States v. Weinrich, 586 F.2d 481, 491-92 (5th Cir. 1978); United States v. Brinklow, 560 F.2d 1003, 1005-06 (10th Cir. 1977); U.S. v. Kirk, 534 F.2d 1262, 1274 (8th Cir. 1976), U.S. v. Steeves, 525 F.2d 33, 38 (8th Cir. 1975); United States v. Rahn, 511 F.2d 290, 292 (10th Cir. 1975); Bastida v. Henderson, 487 F.2d 860, 864 (5th Cir. 1973). See also United States v. Harris, 403 U.S. 573, 579 n.*, 91 S.Ct. 2075, 2080 n.*, 29 L.Ed.2d 723 (1971) (plurality opinion). “[W]here the affidavit properly recites facts indicating activity of a protracted and continuous nature, a course of conduct, the passage of time becomes less important.” United States v. Johnson, 461 F.2d 285, 287 (10th Cir. 1972). Staleness has a unique pertinence to the applications for extensions of the original January 29 order. The purpose of the original application was to convince Chief Judge Parsons that electronic surveillance would produce evidence of criminal activity. However, once surveillance commenced, the best indicator of whether probable cause continued was the fruits of the actual surveillance conducted, rather than the informants’ predictions of what future surveillance might uncover. Thus, as time went by, the informants’ information became relatively more stale, and the results thus far obtained relatively more important. See United States v. Bynum, 360 F.Supp. 400, 404 (S.D.N.Y.), aff’d, 485 F.2d 490 (2d Cir. 1973). However, it is again important to note that this inquiry is critically dependent on context. As with any staleness inquiry, the passage of time is less important where the criminal activity alleged is of a protracted nature. The amount of progress that must be made in a given thirty day period in order to justify an extension will depend on the nature of the crime involved. Once it is established that the informant’s conclusions rest on personal knowledge or information that is both reliable and timely, the focus of inquiry shifts to the second prong of the Aguilar/Spinelli test. The affidavit must be examined to see if it contains sufficient underlying circumstances so that the magistrate is justified in relying on the veracity of the informant. As Professor LaFave has explained, “under the second prong of Aguilar, properly characterized the ‘veracity’ prong, facts must be brought before the judicial officer so that he may determine either the inherent credibility of the informant or the reliability of his information on this particular occasion.” 1 W. LaFave, supra p. 13 § 3.3(a) at 502 (footnote omitted) (emphasis in original). The focus of the veracity inquiry is whether there is a substantial basis for considering the informant credible. See United States v. Harris, 403 U.S. 573, 580-81, 91 S.Ct. 2075, 2080-81, 29 L.Ed.2d 723 (1971) (plurality opinion). Some kinds of information are inherently credible, such as eyewitness accounts of disinterested citizens acting as witnesses. See id. at 599, 91 S.Ct. at 2089 (Harlan, J., dissenting); cf. Jaben v. United States, 381 U.S. 214, 224, 85 S.Ct. 1365, 1370, 14 L.Ed.2d 345 (1965) (“[U]nlike narcotics informants, for example, whose credibility may often be suspect, the sources in this tax evasion case are much less likely to produce false or untrustworthy information.”). See generally United States v. Wilson, 479 F.2d 936, 940 (7th Cir. 1973) (en banc). Information provided by confidential informants who are themselves members of the underworld, such as is claimed by the FBI with respect to its informants in this case, lack this inherent reliability. However, there are a variety of ways in which their credibility can be established. For example, additional evidence which corroborates the informant’s allegations in important respects can be used. See Harris, 403 U.S. at 581, 91 S.Ct. at 2080; Spinelli, 393 U.S. at 415-17, 89 S.Ct. at 588-89; Jones v. United States, 362 U.S. 257, 271, 80 S.Ct. 725, 736, 4 L.Ed.2d 697 (1960); Draper v. United States, 358 U.S. 307, 79 S.Ct. 329, 3 L.Ed.2d 327 (1959); In re DeMonte, 674 F.2d 1169 at 1173 (7th Cir. March 24, 1982). The fact that the informant has made a statement against his penal interest enhances credibility. See Harris, 403 U.S. at 583-85, 91 S.Ct. at 2081-82; United States v. Davis, 617 F.2d 677, 693 (D.C.Cir. 1979); United States v. Hyde, 574 F.2d 865, 863 (5th Cir. 1978); United States v. DeCesaro, 502 F.2d 604, 608-09 (7th Cir. 1974); United States v. Damitz, 495 F.2d 50, 55 (9th Cir. 1974); United States v. Carmichael, 489 F.2d 983, 986 (7th Cir. 1973) (en banc); United States v. Fina, 405 F.Supp. 267, 271-72 (E.D.Pa.1975); United States v. Leta, 332 F.Supp. 1357, 1362 (M.D.Pa. 1971) . A past record of providing reliable information is an indicia of reliability. See United States v. Vazquez, 605 F.2d 1269, 1281 (2d Cir.), cert. denied, 444 U.S. 981,100 S.Ct. 484, 62 L.Ed.2d 408 (1979); United States v. Vento, 533 F.2d 838, 844 (3d Cir. 1976); United States v. McHale, 495 F.2d 15, 17-18 (7th Cir. 1974); United States v. Mainello, 345 F.Supp. 863, 869-70 (E.D.N.Y. 1972); United States v. Becker, 334 F.Supp. 546, 548 (S.D.N.Y.1971). In cases such as this where there is more than one informant, the informants can corroborate each other. By telling consistent yet independent stories, the informants provide “cross-corroboration,” and enhance the reliability of the application as a whole. See In re DeMonte, 674 F.2d 1169 at 1173 (7th Cir. 1982); United States v. Vazquez, 605 F.2d 1269, 1281 (2d Cir.), cert. denied, 444 U.S. 981, 100 S.Ct. 484, 62 L.Ed.2d 408 (1979); United States v. Clements, 588 F.2d 1030, 1034-35 (5th Cir. 1979), cert. denied, 440 U.S. 982, 99 S.Ct. 1792, 60 L.Ed.2d 243 and 441 U.S. 936, 99 S.Ct. 2062, 60 L.Ed.2d 666 (1980); United States v. Weinrich, 586 F.2d 481, 488-90 (5th Cir. 1978); United States v. Hyde, 574 F.2d 856, 863-64 (5th Cir. 1978); United States v. Askins, 351 F.Supp. 408, 414 (D.Md.1972); United States v. Becker, 334 F.Supp. 546, 549-50 (S.D.N.Y. 1971). Telephone toll records may enhance reliability, by corroborating information that alleged co-conspirators talk to each other on the phone. See United States v. Webster, 639 F.2d 174, 178 (4th Cir. 1981); United States v. Weinrich, 586 F.2d 481, 490 (5th Cir. 1978); United States v. Hyde, 574 F.2d 856, 863 (5th Cir. 1978); United States v. Best, 363 F.Supp. 11, 18-19 (S.D.Ga. 1973). Finally, the specificity of the information provided can in itself be an indicia of reliability. See United States v. Unger, 469 F.2d 1283, 1286-87 (7th Cir. 1972); United States v. Roman, 451 F.2d 579, 581 (4th Cir. 1971); see generally Harris, 403 U.S. at 579-80, 91 S.Ct. at 2079-80. B In Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), the Supreme Court held that, under certain circumstances, the fourth amendment requires that defendants be permitted to go behind the face of an application for a search warrant and challenge the truthfulness of the allegations it contains. [W]e hold that, where the defendant makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and if the allegedly false statement is necessary to the finding of probable cause, the Fourth Amendment requires that a hearing be held at the defendant’s request. In the event that at that hearing the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit’s false material set to one side, the affidavit’s remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit. 438 U.S. at 155-56, 98 S.Ct. at 2676-77. Thus, there are three elements to a Franks claim, (i) a false statement, (ii) which is made by the affiant with knowledge of the falsity, or with reckless disregard for the truth, (iii) that is material, meaning that without the false statement the affidavit would not have been sufficient to establish probable cause. Defendants claim that the applications in the instant case violate Franks. However, Franks indicates that defendants must do more than merely allege material misrepresentations in order to obtain an evidentiary hearing on their allegations. To mandate an evidentiary hearing, the challenger’s attack must be more than conclusory and must be supported by more than a mere desire to cross-examine. There must be allegations of deliberate falsehood or of reckless disregard for the truth, and those allegations must be accompanied by an offer of proof. They should point out specifically the portion of the warrant affidavit that is claimed to be false; and they should be accompanied by a statement of supporting reasons. Affidavits or sworn or otherwise reliable statements of witnesses should be furnished, or their absence satisfactorily explained. Allegations of negligence or innocent mistake are insufficient. 438 U.S. at 171, 98 S.Ct. at 2684. Franks requires that defendants make a “substantial preliminary showing,” 438 U.S. at 155, 98 S.Ct. at 2676, in order to demonstrate the need for a hearing. Absent such a showing, a hearing is not warranted. Franks also limits the kind of falsity which may be the subject of a challenge. While Franks requires that the warrant affidavit be “truthful,” [t]his does not mean “truthful” in the sense that every fact recited in the warrant affidavit is necessarily correct, for probable cause may be founded upon hearsay and upon information received from informants, as well as upon information within the affiant’s own knowledge that sometimes must be garnered hastily. But surely it is to be “truthful” in the sense that the information put forth is believed or is appropriately accepted by the affiant as true. 438 U.S. at 165, 98 S.Ct. at 2681. Franks only permits challenges to intentional or reckless misrepresentations of the affiant himself. Id. at 163-64, 171, 98 S.Ct. at 2680-81, 2684; see also Rugendorf v. United States, 376 U.S. 528, 532-33, 84 S.Ct. 825, 827-28, 11 L.Ed.2d 887 (1964). The fact that a third party lied to the affiant, who in turn included the lies in a warrant affidavit, does not constitute a Franks violation. A Franks violation occurs only if the affiant knew the third party was lying, or if the affiant proceeded in reckless disregard of the truth. Therefore, allegations that hearsay contained in a warrant application is false, or that an informant whose story was recited by an affiant was lying, are insufficient to require a Franks hearing, since the falsity or recklessness alleged is not that of the affiant, but of a third party. See United States v. Skramstad, 649 F.2d 1259, 1265 (8th Cir. 1981); United States v. Schauble, 647 F.2d 113, 117 (10th Cir. 1981); United States v. Smith, 635 F.2d 1329, 1334 (8th Cir. 1980); United States v. Arrington, 618 F.2d 1119, 1125 (5th Cir. 1980), cert. denied, 449 U.S. 1086, 101 S.Ct. 876, 66 L.Ed.2d 812 (1981); United States v. Luschen, 614 F.2d 1164, 1172-73 (8th Cir.), cert. denied, 446 U.S. 939, 100 S.Ct. 2161, 64 L.Ed.2d 793 (1980); United States v. Barnes, 604 F.2d 121, 152-53 (2d Cir. 1979), cert. denied, 446 U.S. 907, 100 S.Ct. 1833, 64 L.Ed.2d 260 (1980); United States v. Brian, 507 F.Supp. 761, 764 (D.R.I.1981); United States v. Weingartner, 485 F.Supp. 1167, 1182-83 (D.N.J.1979), appeal dismissed, 642 F.2d 445 (3d Cir. 1981); United States v. DePalma, 461 F.Supp. 800, 814-15 (S.D.N.Y. 1978); Schneider v. State, 269 Ark. 245, 599 S.W.2d 730 (1980), cert. denied, 449 U.S. 1124, 101 S.Ct. 939, 67 L.Ed.2d 109 (1981); Misenheimer v. State, 268 Ind. 274, 279-80, 374 N.E.2d 523, 527-28 (1978); State v. Hermerding, 5 Kan.App. 797, 626 P.2d 210 (1981); State v. Babbit, 363 So.2d 690 (La. 1978); State v. White, 391 A.2d 291 (Me. 1978); State v. Stickelman, 207 Neb. 429, 299 N.W.2d 520 (1980); Taylor v. State, 604 S.W.2d 175 (Tex.Crim.App.1980); State v. Larsen, 26 Wash.App. 564, 613 P.2d 542 (1980); 2 W. LaFave, supra p. 13 § 4.4(b). See also United States v. Anderson, 542 F.2d 428, 432-33 (7th Cir. 1976); United States v. Carmichael, 489 F.2d 983, 989 (7th Cir. 1973) (en banc); United States v. Sultan, 463 F.2d 1066, 1070 (2d Cir. 1972); United States v. Kemp, 421 F.Supp. 563, 569-70 (W.D.Pa.1976); Theodor v. Superior Court, 8 Cal.3d 77, 501 P.2d 234, 104 Cal. Rptr. 226 (1972); State v. Baca, 84 N.M. 513, 505 P.2d 856 (1973). Furthermore, even when there is an allegation that the affiant knew the informant was lying, was reckless in reporting the story, or deliberately or recklessly misreported the informant’s story to the court, the allegation must be accompanied by the required offer of proof. For example, a claim that the informant did not exist, or did not report the information attributed to him in the warrant affidavit, if unsupported by substantial corroborating evidence, does not entitle a defendant to a Franks hearing. See, e.g., People v. Coleman, 91 Ill.App.3d 646, 651, 47 Ill.Dec. 548, 551, 415 N.E.2d 553, 557 (1980); People v. Poindexter, 90 Mich.App. 599, 282 N.W.2d 411 (1979); State v. Cervantes, 92 N.M. 643, 593 P.2d 478 (Ct.App.), cert. denied, 92 N.M. 621, 593 P.2d 62 (1979). Franks addresses explicitly only the problem of misrepresentations contained in the four corners of the warrant affidavit. However, defendants contend that Franks also applies to omissions of material information from an affidavit. It does seem to be the case that the considerations underlying Franks apply with equal force to intentional or reckless material omissions. In Franks, the Court noted that the fourth amendment’s protections would be seriously undermined if materially false warrant affidavits could go unchallenged. Because it is the magistrate who must determine independently whether there is probable cause, it would be an unthinkable imposition upon his authority if a warrant affidavit, revealed after the fact to contain a deliberately or recklessly false statement, were to stand beyond impeachment. 438 U.S. at 165, 98 S.Ct. at 2681 (citations omitted). Consequently, the Court concluded that unless challenges to the veracity of warrant affidavits were permitted, the warrant clause of the fourth amendment “would be reduced to a nullity [once] a police officer was able to use deliberately falsified allegations to demonstrate probable cause, and, having misled the magistrate, then was able to remain confident that the ploy was worthwhile.” 438 U.S. at 168, 98 S.Ct. at 2682. If the government could intentionally or recklessly omit material facts from warrant affidavits and applications, the same danger would be created. If the government had unfettered power to pick and choose which facts to present to the magistrate regardless of how misleading the presentations were, the magistrate’s review of the affidavit would be rendered meaningless. The magistrate would not be provided with a fair opportunity to review the government’s evidence in making the probable cause determination. He would perform his crucial role at the whim, caprice or duplicity of the governmental agents involved in the case. Such a result cannot be squared with Franks’ demand that the government not frustrate the magistrate’s review of probable cause by deliberately or recklessly providing misleading information. Under the rationale of Franks, defendants must be permitted to challenge an affidavit on the basis of the intentional or reckless omission of material facts from the affidavit. United States v. Willis, 647 F.2d 54, 58 (9th Cir. 1981); United States v. House, 604 F.2d 1135, 1141 & n. 9 (8th Cir. 1979), cert. denied, 445 U.S. 931, 100 S.Ct. 1320, 63 L.Ed.2d 764 (1980); United States v. Lace, 502 F.Supp. 1021, 1045-56 (D.Vt.1980); United States v. Lewis, 425 F.Supp. 1166, 1173 (D.Conn.1977); Schmid v. State, 615 P.2d 565 (Alaska 1980); People v. Kurland, 28 Cal.3d 376, 618 P.2d 213, 168 Cal.Rptr. 667 (1980), cert. denied, 451 U.S. 987, 101 S.Ct. 2321, 68 L.Ed.2d 844 (1981); People v. Townsend, 90 Ill.App.3d 1089, 1096, 46 Ill.Dec. 599, 604-05, 414 N.E.2d 483, 488-89 (1980); see United States v. Dennis, 625 F.2d 782, 791-92 (8th Cir. 1980); United States v. Martin, 615 F.2d 318, 328-29 (5th Cir. 1980); United States v. Vazquez, 605 F.2d 1269, 1282 (2d Cir.), cert. denied, 444 U.S. 981, 100 S.Ct. 484, 62 L.Ed.2d 408, 444 U.S. 1019, 100 S.Ct. 674, 62 L.Ed.2d 649 (1979); United States v. Melvin, 596 F.2d 492, 498-500 (1st Cir.), cert. denied, 444 U.S. 837, 100 S.Ct. 73, 62 L.Ed.2d 48 (1979); United States v. Collins, 549 F.2d 557, 561 (8th Cir.), cert. denied, 431 U.S. 940, 97 S.Ct. 2656, 53 L.Ed.2d 259 (1977); United States v. Park, 531 F.2d 754, 758-59 (5th Cir. 1976); United States v. Burke, 490 F.Supp. 855, 857 n. 1 (S.D.Fla.1980); United States v. Balsamo, 468 F.Supp. 1363, 1390 (D.Me.1979); United States v. Aeon, 403 F.Supp. 1189, 1193-94 (W.D.Pa.1975); Morris v. Superior Court, 57 Cal.App.3d 521, 129 Cal. Rptr. 238 (1976); see also United States v. Lefkowitz, 618 F.2d 1313, 1317 n. 3 (9th Cir.), cert. denied, 449 U.S. 824, 101 S.Ct. 86, 66 L.Ed.2d 27 (1980); United States v. Davis, 617 F.2d 677, 693-95 (D.C.Cir.1979). However, when defendants challenge the warrant on the basis of information not brought to the attention of the authorizing judge which they claim tends to negate the existence of probable cause, the government is entitled to respond by presenting its own evidence, also not brought to the attention of the magistrate, which supports the existence of probable cause. See United States v. Carmichael, 489 F.2d 983, 990 (7th Cir. 1973) (en banc); State v. Post, 286 N.W.2d 195, 201-02 (Iowa 1979); 2 W. La-Fave, supra p. 13 § 4.4 at 18 (Supp.1982). Some of the claims defendants make in this case are based on their theory that, had the government conducted a reasonably adequate investigation prior to seeking authority to conduct electronic surveillance, it would have discovered that the assertions made in the affidavits were false. Before the individual assertions are considered, some remarks about whether Franks encompasses a “duty to investigate” are in order. Defendants’ “duty to investigate” claims, by their very nature, involve reckless and not intentional misstatements. Defendants do not argue that the government actually knew the affidavits were materially false, but that, had it investigated, it would have discovered their falsity, and that the failure to do so was made with reckless disregard of the truth. Unfortunately, Franks provides little guidance as to what constitutes “reckless disregard for the truth.” A useful analogy, however, is provided by the principle of first amendment law that liability for a defamatory statement regarding a public figure cannot be imposed unless the plaintiff proves that the defendant acted with reckless disregard for the truth. See generally Gertz v. Robert Welch, Inc., 418 U.S. 323, 94 S.Ct. 2997, 41 L.Ed.2d 789 (1974); New York Times Co. v. Sullivan, 376 U.S. 254, 279-80, 84 S.Ct. 710, 725-26, 11 L.Ed.2d 686 (1964). The Court has written that St. Amant v. Thompson, 390 U.S. 727, 731-32, 88 S.Ct. 1323, 1325-26, 20 L.Ed.2d 262 (1968) (emphasis supplied). The actual presence of serious doubts as to the truth of the representations published is the key to a finding of reckless disregard for the truth. “Failure to investigate does not in itself establish bad faith.” Id. at 733, 88 S.Ct. at 1326. See Herbert v. Lando, 441 U.S. 153, 156-57, 99 S.Ct. 1635, 1638-39, 60 L.Ed.2d 115 (1979); Gertz, 418 U.S. at 335 n. 6, 94 S.Ct. at 3005 n.6; Sullivan, 376 U.S. at 287-88, 84 S.Ct. at 729-30. reckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing. There must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication. Publishing with such doubts shows reckless disregard for the truth. The same considerations of requiring actual bad faith, rather than merely a breach of duty, which underlie this principle of first amendment law also underlie Franks. See 438 U.S. at 168 — 70, 98 S.Ct. at 2682-84, see also United States v. Carmichael, 489 F.2d 983, 988-89 (7th Cir. 1973) (en banc). As a result, this branch of first amendment law provides useful guidance, and indicates that the reckless disregard for truth required by Franks is not established by a mere failure to investigate. Rather, it can only be demonstrated if defendants can establish that the government in fact entertained serious doubts as to the truth of the affidavits or had obvious reasons to doubt the accuracy of the information contained therein. United States v. Davis, 617 F.2d 677, 694 (D.C.Cir.1979); see United States v. Edwards, 602 F.2d 458, 465 (1st Cir. 1979). Therefore, failure to investigate, in itself, does not state a claim under Franks. See Edwards, 602 F.2d at 465; United States v. Young Buffalo, 591 F.2d 506, 510 (9th Cir.), cert. denied, 441 U.S. 950, 99 S.Ct. 2178, 60 L.Ed.2d 1055 (1979); United States v. Santarpio, 560 F.2d 448, 453 n. 4 (1st Cir. 1977), cert. denied, 434 U.S. 984, 98 S.Ct. 609, 54 L.Ed.2d 478 (1978); United States v. Weingartner, 485 F.Supp. 1167,1183 (D.N.J.1979), appeal dismissed, 642 F.2d 445 (3d Cir. 1981); United States v. Aeon, 403 F.Supp. 1189, 1193-94 (W.D.Pa.1975); Caslin v. Commonwealth, 491 S.W.2d 832, 834 (Ky.1973). Moreover, when examining the evidence of reckless error proffered by defendants, it is important to conduct the inquiry with an appreciation of the difficulty of the task confronting the government agents. Franks itself notes that mistakes are inevitable when agents must, of necessity, rely on hearsay or make hasty judgments in the midst of an ongoing and quickly-developing investigation. See 438 U.S. at 165, 169, 98 S.Ct. at 2681, 2683. The evidence obtained during investigations is rarely clear-cut; “smoking guns” are rarities. More often, the evidence obtained and presented to the magistrate will contain ambiguities and confusing references, especially when the results of wiretaps are presented. In such cases, mistakes are to be expected, and are not necessarily indicative of recklessness. See United States v. Young Buffalo, 591 F.2d 506, 511 (9th Cir.), cert. denied, 441 U.S. 950, 99 S.Ct. 2178, 60 L.Ed.2d 1055 (1979); United States v. Marcello, 508 F.Supp. 586, 604-06 (E.D.La.1981). With the preceding principles in mind, the warrant applications and affidavits in this case can be examined. Ill On January 29, 1979, the government, through Emil A. Tonkovich, an attorney for the United States Department of Justice, applied for a Title III order to intercept telephone conversations of Allen Dorfman, Sol Schwartz, Abe Chapman, Anthony La-Monica, Samuel LaMoniea, Carl Thomas and others yet unknown taking place over certain of Amalgamated’s phone lines. Wading through the boilerplate, the substance of the application was that there was probable cause to believe that a group of persons were conspiring to establish, promote, manage, and/or receive compensation from hidden interests in one or more Reno and Las Vegas, Nevada gambling casinos. Such a conspiracy would have violated the Nevada Gaming Control Act, Nev.Rev.Stat. §§ 463.160, 463.170, 463.200, 463.520, 463.-530 and 463.360 (1977), and, depending upon the appropriate interstate nexus, 18 U.S.C. §§ 371, 1952, 1962(cHd) and 1963 (1976). The application named those persons whom there was probable cause to believe were engaged in the alleged unlawful activity, including Dorfman and, with respect to the Reno casinos, defendant Joseph Lombardo (“Lombardo”). The application alleged probable cause to believe that the named interceptees commonly used the particular Amalgamated telephone lines and that a tap would intercept conversations of the named interceptees regarding the criminal activities alleged in the application. The application was supported by the affidavit of Special Agent Peter J. Wacks (“Wacks”) of the FBI. A The Wacks affidavit does not allege that Wacks had personal knowledge of the illegal activities alleged in the affidavit. Rather, it relies on hearsay statements attributed to six confidential informants, one named informant, and certain telephone subscriber and toll record information. This information must be tested against the standards of Aguilar/Spinelli outlined above. Confidential Informant # 1 (Cl # 1), as he is named in the Wacks affidavit, stated that Dorfman is controlled by organized crime figures in Chicago, that he handles business investments on behalf of organized crime interests, and arranges loans made to organized crime interests by the Fund. We take judicial notice of the fact that the term “organized crime” refers to an ongoing and highly structured organization engaging in criminal activity on a regular basis. We have always had forms of organized crime and corruption. But there has grown up in our society today highly organized, structured and formalized groups of criminal cartels, whose existence transcends the crime known yesterday, for which our criminal laws and procedures were primarily designed. The “American system was not designed with (organized crime) * * * in mind,” the President’s Crime Commission noted in its report “The Challenge of Crime in a Free Society” (1967), “and it has been notably unsuccessful to date in preventing such organizations from preying on society.” These hard-core groups have become more than just loose associations of criminals. They have developed into corporations of corruption, indeed, quasi-governments in our society, presenting a unique challenge to the administration of justice. Organized crime has never limited itself to one illegal endeavor. Today, it is active in, and largely controls, professional gambling, which can only be described as exploitative, corruptive and parasitic, draining income away from food, clothing, shelter, health, and education in our urban ghettoes. The net take is estimated as $7 billion a year. Sen.Rep.No.1097, 90th Cong., 2d Sess. 70 (1968), reprinted in [1968] U.S.Code Cong. & Admin.N. 2112, 2157 (1968) (asterisks in original) [hereinafter cited as Sen.Rep.No. 1097]. The Congress finds that (1) organized crime in the United States is a highly sophisticated, diversified, and widespread activity that annually drains billions of dollars from America’s economy by unlawful conduct and the illegal use of force, fraud, and corruption; (2) organized crime derives a major portion of its power through money obtained from such illegal endeavors as syndicated gambling, loan sharking, the theft and fencing of property, the importation and distribution of narcotics and other dangerous drugs, and other forms of social exploitation; (3) this money and power are increasingly used to infiltrate and corrupt legitimate business and labor unions and to subvert and corrupt our democratic processes; (4) organized crime activities in the United States weaken the stability of the Nation’s economic system, harm innocent investors and competing organizations, interfere with free competition, seriously burden interstate and foreign commerce, threaten the domestic security, and undermine the general welfare of the Nation and its citizens; and (5) organized crime continues to grow because of defects in the evidence-gathering process of the law inhibiting the development of the legally admissible evidence necessary to bring criminal and other sanctions or remedies to bear on the unlawful activities of those engaged in organized crime and because the sanctions and remedies available to the Government are unnecessarily limited in scope and impact. Pub.L.No.91 — 452, § 1, 84 Stat. 922-23 (1970). “The major purpose of title III is to combat organized crime.” Sen.Rep.No. 1097, supra p. 31 at 70, 2157. See Pub.L.No. 90-351, tit. Ill § 801(c), 82 Stat. 211 (1968). Cl # 1 went on to detail Dorfman’s link with organized crime, stating that through Amalgamated (which is in the business of insurance) Dorfman charges inflated insurance premiums to several large hotel-casinos in Las Vegas and splits the proceeds with organized crime figures and that Dorfman derives income through organized crime’s hidden interest in Argent Corporation, which owns several Las Vegas hotel-casinos. Specifically, Cl # 1 alleged that Dorfman had had a hidden interest in the Slots-Of-Fun and Bingo Palace casinos for a number of years, and that he frequently discusses these interests over his telephones at his Chicago office and home, and his west coast home at La Costa, California, with Carl Thomas, the operator of Slots-Of-Fun and Bingo Palace. Another informant, Cl # 3, also stated that Dorfman works for organized crime interests, and arranges Fund loans to those interests, and that Dorfman handles insurance for several casinos. Cl # 3 alleged that Dorfman currently had a hidden interest in the Slots-A-Fun casino and that money is skimmed from this casino and funneled through Dorfman to organized crime interests. Cl # 3 stated that Dorfman discusses his illegal activities on his office and home telephones in Chicago. A third informant, Cl # 2, also alleged, but in conclusory fashion, that Dorfman had a hidden interest in Las Vegas casinos. He/she stated in greater detail that Dorfman, together with Abe Chapman, Joseph Sica, Anthony LaMonica and Samuel LaMonica, were attempting to obtain a hidden interest in the Horseshoe Club casino in Reno by buying it through a front man from its present owner, Dr. Tom Mullis (“Mullis”). Cl #2 explained that the group had had trouble obtaining financing, but was about to consummate the deal by obtaining a loan from a number of Chinese investors. The illegal activities are carried out, in part, over Dorfman’s office and home telephones in Chicago, and involve the use of at least two intermediaries, named Millie Watson and Karen Jacobs. The information provided by these informants satisfies the first Aguilar/Spinelli prong. The informants detailed specific criminal activity. Each informant states that he is personally acquainted with at least some of the alleged conspirators, and that his information is based on personal observation of, personal conversations with, and actual overhearing of the alleged conspirators. The specificity of the information provided, including how skimming is conducted, how Dorfman funnels casino money to organized crime, and how the Horseshoe purchase would be financed, also indicates that the information is based on something more than casual rumor. The information provided by Cl’s # 1 and # 3 had been updated during January, and the context indicates that Cl # 2’s information had been provided recently. Moreover, the informants detailed an ongoing scheme of long duration, so staleness was not a critical problem. On balance, there was a basis for concluding that the informants’ conclusions were grounded in something more substantial than speculation or casual rumor. Under the standards set out above, Chief Judge Parsons was justified in concluding that the informant material was adequately grounded in underlying facts supporting the informants’ conclusions. The informant data passes muster under the first prong of Aguilar/Spinelli. The second prong of Aguilar/Spinelli is also satisfied. The informants’ data cross-corroborates in important respects. The Wacks affidavit also states that the informants had proven reliable in the past, and that the FBI had consistently corroborated the information that had been provided in the past by these informants. The Wacks affidavit included telephone toll records and subscriber information which corroborated the informants’ statements about the patterns of telephone calls which the alleged conspirators employed. The information was further corroborated by the statements of other confidential informants. James Fratianno and Cl # 4 corroborated the allegations that Dorfman and Lombardo were involved in organized crime activities. Cl # 5 and Cl # 6 corroborated the allegations that Carl Thomas was controlled by organized crime interests. While this additional informant information was somewhat stale, it did tend to reinforce the reliability of the hearsay provided by Cl # 1, # 2 and # 3. Chief Judge Parsons was justified in concluding that the allegations of criminal activity in the January 29 application were sufficiently supported to justify the issuance of a Title III order. There was probable cause on January 29. B Defendants next assert that, assuming the sufficiency of the January 29 application and wiretap order, the allegations contained in the application as to Dorfman’s suspected criminal activity were false. Of course, a subsequent discovery that the application allegations were erroneous does not invalidate the January 29 order. “If the officer acts with probable cause, he is protected even though it turns out that the citizen is innocent.” Henry v. United States, 361 U.S. 98,102, 80 S.Ct. 168, 171, 4 L.Ed.2d 134 (1959). However, the alleged falsity of the allegations is the basis of defendants’ Franks claim regarding the January 29 application. Defendants claim that the government either knew the allegations were false, or proceeded in reckless disregard for the truth. The core of defendants’ offer of proof on this Franks claim is that Dorfman had no hidden interest in Bingo Palace and Slots-A-Fun, and sought no hidden interest in Horseshoe. See 1 App. Ill, Affidavit of Allen M. Dorfman, Affidavit of John C. Tucker, Affidavit of Sol Schwartz, Affidavit of Dr. Tom N. Mullis. However, these materials in no way indicate that anyone in the government, much less the affiant, Wacks, knew the allegations were false, or proceeded in reckless disregard for the truth. At best, defendants’ offer of proof indicates that the informants were lying. However, this is insufficient to raise a Franks claim. Under the standards set forth in Part II-B, p. 20-22 supra, a showing that informant data contained in an affidavit is false does not raise a claim under Franks. Defendants make two arguments that Wacks knew the January 29 affidavit was false, or was made with reckless disregard for the truth. First, they argue that the government should have, but did not investigate the ownership of the casinos in question prior to seeking Title III authorization. Defendants argue that there were a number of individuals the government could have interviewed to determine if Dorfman in fact had or sought hidden interests in Nevada casinos prior to seeking the wiretap. However, as we noted above, Franks encompasses no duty to investigate. Absent a showing that the government had actual knowledge that an investigation would prove Dorfman’s innocence, or had obvious reasons to believe that was the case, no Franks claim is stated. Here, there is no showing that the government knew that an investigation would clear Dorfman. Indeed, it is logical to assume that had the government interviewed Dorfman’s alleged co-conspirators, it would not have believed their answers: if these persons were engaged in an illegal conspiracy, they hardly would have told the FBI about it. Moreover, there is no reason to believe that anyone but Dorfman and his co-conspirators would know about the scheme. The point of a hidden interest is that it is “hidden." Dorfman hardly would have let it be known that he was seeking a “hidden” interest. The informants indicated that Dorfman was acting through a “front.” Those involved in the casinos would not have known of Dorfman’s interest precisely because it was “hidden” by a “front.” Second, defendants rely on the affidavit of Mullis, which they claim proves the government knew the January 29 application was false. However, while Mullis’ statement does indicate that he was interviewed by the FBI in late 1978, see 1 App. Ill, Affidavit of Dr. Tom N. Mullis, and the government concedes he was reinterviewed on January 18,1979, see Government’s Consolidated Response to Defendants’ Motions to Suppress Electronic Surveillance at 73-74, the Mullis affidavit does not indicate that Mullis told the FBI anything about Dorfman at all, much less that Dorfman was innocent. See 1 App. Ill, Affidavit of Dr. Tom N. Mullis ¶¶ 16-17. In any event, what Mullis told the FBI hardly clears Dorfman. Had Mullis known that he was about to enter an unlawful transaction for the sale of the Horseshoe, he surely would not have told the FBI about it. Moreover, it is more likely that he would not know, since, according to Cl # 2 Dorfman was acting through a front, so that Mullis would not have known the real identity of those seeking to buy the Horseshoe from him. In fact, the Mullis affidavit corroborates Cl # 2 in an important respect, since Mullis states that he was in fact attempting to sell the Horseshoe during the period in which Cl # 2 said Dorfman was trying to buy it. Finally, defendants have made no showing that the results of the Mullis interview were communicated to Wacks. The test under Franks is not the state of mind of “the government,” but the state of mind of the affiant, here Wacks. There is no showing that Wacks knew of the Mullis interviews, and in the absence of such a showing, the offer of proof fails to implicate the state of mind of the affiant. Defendants’ offer of proof therefore falls short, and defendants were not entitled to a Franks hearing on the January 29 application. Accordingly, prior to the evidentiary hearing which commenced March 29, 1982, we ruled that defendants were not entitled to a Franks hearing regarding the January 29 application. See T. March 22, 1982. IV On March 1, 1979, Tonkovich made another application to Chief Judge Parsons for an order authorizing electronic surveillance under Title III. The application sought and the court granted authority to continue the tap at Amalgamated, and to intercept the conversations of Dorfman, Lombardo, defendant Thomas O’Malley, Sol Schwartz, Abe Chapman, Anthony LaMonica, Samuel LaMonica, Carl Thomas, William Webbe, Mildred Watson, David Dorfman (Allen Dorfman’s son), Sandy LNU (last name unknown), Robert Bjornsen, Allen Glick and others yet unknown. The application was supported by an affidavit executed by Wacks and transcripts of telephone conversations that had been intercepted pursuant to the January 29 surveillance order. A The Bingo Palace, Slots-A-Fun and Horseshoe hidden interest allegations were repeated in the March 1 application. They were supported by essentially the same informant hearsay as had been contained in the January 29 application, except that the Wacks affidavit stated the Cl # 1 and Cl # 3 had been re-interviewed in the second week of February, and had updated their information. Cl # 2 had been recontacted on February 8. Defendants rely heavily on the fact that the application contains no allegations that calls pertinent to the January 29 offenses involving the three casinos had been intercepted. This, they argue, belied the informants’ claims that the alleged conspirators were in frequent telephonic communication regarding their alleged criminal activity. The government responds by arguing that the failure to obtain interceptions pertinent to the January 29 allegations was explained by the fact that Dorfman was out of town for much of February, and that the surveillance did not include all telephone lines of Amalgamated or Dorfman’s home phone, on whic