UNITED STATES OF AMERICA,                   v. ATLAS IRON PROCESSORS, INC.,     et al.,       Defendants.

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Case No. 97-0853-CR-Middlebrooks Magistrate Judge Robert L. Dubé (September 30, 1998 Order of Reference) MEMORANDUM OF THE UNITED STATES IN OPPOSITION TO MOTION OF DEFENDANT WEIL TO ADOPT JOINT MOTION OF DEFENDANTS TO COMPEL PRODUCTION OF BRADY AND GIGLIO MATERIAL

On September 22, 1998, the defendants Atlas Iron Processors, Inc., Anthony J. Giordano, Sr., Anthony J. Giordano, Jr. and David Giordano (hereafter "Atlas defendants") filed a joint motion asking this Court to compel the production of Brady and Giglio material related to some evidence that the United States intends to introduce at trial pursuant to Fed. R. Evid. 404(b). On October 8, 1998, the United States filed its opposing memorandum, entitled Memorandum of the United States in Opposition to Joint Motion of Defendants to Compel Production of Brady and Giglio Material.

On October 13, 1998, the United States received the motion of defendant Weil to adopt the joint motion of the Atlas defendants to compel the production of certain Brady and Giglio material.⁽¹⁾ On October 13, 1998, the United States also received an Order (dated October 8, 1998) granting Weil's motion to adopt. The United States fully addressed the issues raised in defendant Weil's instant motion to adopt in the previously filed Memorandum of the United States in Opposition to Joint Motion of Defendants to Compel Production of Brady and Giglio Material, a copy of which was sent to defendant Weil on October 8, 1998. Accordingly, for the reasons set forth in its Memorandum of the United States in Opposition to Joint Motion of Defendants to Compel Production of Brady and Giglio Material, the United States opposes defendant Weil's request for Brady and Giglio material related to some of the 404(b) evidence that the United States will introduce at trial. A copy of the previously filed opposing Memorandum of the United States is attached for the convenience of the Court.

Respectfully submitted,

WILLIAM J. OBERDICK Acting Chief Cleveland Field Office

By:

_______________/s/________________ 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

FOOTNOTES

1. The certificate of service attached to defendant Weil's motion to adopt states that this motion was sent to the United States on October 6, 1998. The United States is at a loss to explain why it took one week for it to receive defendant Weil's motion. In fact, the United States received Weil's ' motion, and the order granting Weil's motion, at the same time.