Demand of Notice Pursuant to Rule 12.1 of DefendantAnthony J. Giordano, Sr.'s Intention to Offer Defense of Alibi

Date: 
Monday, April 20, 1998
Document Type: 
Discovery Motions, Memoranda, and Orders
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA,
                  v.

ATLAS IRON PROCESSORS, INC.,   
et al.,

         Defendants.

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CASE NO. 97-0853-CR-NESBITT

DEMAND OF NOTICE
PURSUANT TO RULE 12.1
OF DEFENDANT
ANTHONY J. GIORDANO, SR.'S
INTENTION TO OFFER
DEFENSE OF ALIBI

Pursuant to Federal Rule of Criminal Procedure 12.1, you are hereby informed that you met with Henry "Skip" Kovinsky, Randy Weil, Anthony Giordano, Jr., and David Giordano on October 14, 1992, at La Costa D'Oro restaurant in Boca Raton, Florida. This meeting took place in the evening, beginning around 8:00 p.m.

Pursuant to Federal Rule of Criminal Procedure 12.1, you are also hereby informed that you met with Sheila McConnell, Henry "Skip" Kovinsky, Randy Weil, and Anthony Giordano, Jr., on October 24, 1992, at the Sea Ranch condominium complex in Fort Lauderdale, Florida. This meeting took place in the morning and lasted until about noon.

Pursuant to Federal Rule of Criminal Procedure 12.1, you are also hereby informed that you met with Henry "Skip" Kovinsky, Randy Weil, and Anthony Giordano, Jr., on December 21, 1992, at Cafe Max restaurant in Pompano Beach, Florida. This meeting took place in the early evening, beginning about 7:00 p.m.

These meetings constitute a partial list of the acts performed by Anthony Giordano, Sr., in furtherance of the Sherman Act conspiracy charged in the Indictment that began at least as early as October 24, 1992, and continued until at least November 23, 1992. Demand is hereby made upon you to furnish the attorneys for the Department of Justice, Antitrust Division, with a written notice of your intention to offer a defense of alibi within 10 days of this demand.

In the event you intend to offer a defense of alibi, demand is made upon you further to disclose the specific place or places at which you claim to have been at the time of the above listed meetings and the names and addresses of the witnesses upon whom you intend to rely to establish such an alibi.

    Respectfully submitted,
WILLIAM J. OBERDICK
Acting Chief
Cleveland Field Office
By: _______________________________
RICHARD T. HAMILTON, JR.
Court I.D. No. A5500338

PAUL L. BINDER
Court I.D. No.A5500339

IAN D. HOFFMAN
Court I.D. No. A5500343

Trial Attorneys,
U.S. Department of Justice
Antitrust Division
Plaza 9 Building
55 Erieview Plaza, Suite 700
Cleveland, OH 44114-1816
Phone:(216) 522-4107
FAX: (216) 522-8332

Attachments: 
Updated June 30, 2015