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 RANDOLPH J. WEIL'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, Anthony Giordano, Jr., and David Giordano on September 21, 1992, at Charcoal's restaurant in Miami Lakes, Florida. This meeting took place in the afternoon, beginning between 3:00 p.m. and 3:30 p.m.

Pursuant to Federal Rule of Criminal Procedure 12.1, you are also hereby informed that you met with Henry "Skip" Kovinsky, Anthony Giordano, Jr., Anthony Giordano, Sr., 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, Anthony Giordano, Jr., and Anthony Giordano, Sr., 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, Anthony Giordano, Jr., and David Giordano on November 23, 1992, at Don Shula's Steakhouse in Hialeah, Florida. This meeting took place in early to mid-afternoon, perhaps beginning at 4:30 p.m.

Pursuant to Federal Rule of Criminal Procedure 12.1, you are also hereby informed that you met with Henry "Skip" Kovinsky, Anthony Giordano, Jr., and Anthony Giordano, Sr., 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 Randolph J. Weil 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 as late as 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.

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