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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION



UNITED STATES OF AMERICA,    

                  Plaintiff,

-vs-

DOUGLAS A. BENIT, et al

                  Defendant(s).


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CRIMINAL NO. 06-20285

HONORABLE MARIANNE O. BATTANI



MOTION TO UNSEAL INDICTMENT

THE UNITED STATES OF AMERICA respectfully requests that the indictment in this

case be unsealed for the following reasons:

1. That the United States is no longer apprehensive that one or more persons may flee the jurisdiction if they become aware of the indictment which has been returned against them.

2. That the United States is no longer apprehensive that there is danger of harm to potential government witnesses if the defendant becomes aware of the indictment prior to his arrest.


STEPHEN J. MURPHY
United States Attorney

_______________/s/________________
JON SMIBERT
Trial Attorney
United States Department of Justice
Antitrust Division
55 Erieview Plaza, Suite 700
Cleveland, OH 44114-1836
(216) 522-4084


DATED: May 24, 2006