What is the government's failure to disclose the identity of its informant?

Although these seven defendants satisfied their burden under Alderman, the government has failed to come forward with sufficient evidence to establish an independent source for the information contained in the affidavits supporting the search warrants. See United States v. Cole, 463 F.2d 163, 172 (2d Cir.), cert. denied, 409 U.S. 942, 93 S.Ct. 238, 34 L.Ed.2d 193 (1972). Against a background of pervasive obtaining of information by illegal means, the government has made only unsubstantial claims that the informant was the source of the information set forth in the affidavits and that he had been identified and developed independent of the illegal electronic surveillance. This was insufficient to satisfy the government's burden of persuasion. United States v. Huss, 482 F.2d 38, 50 (2d Cir. 1973); United States v. Tane, 329 F.2d 848 (2d Cir. 1964).

Under the circumstances, the district court was well within its discretion in requiring the government to disclose the identity of the informant as well as reports, memoranda, and files related to the surveillance of 1961-1965. Alderman v. United States, 394 U.S. at 184. The failure of the government to produce its informant is fatal to its claim that the evidence should not be suppressed.