Motion of United States Requesting an Order Requiring Defendants toProduce Documents and Tangible Objects Pursuant to the Standing DiscoveryOrder and Pursuant to Fed. R. Crim. P. 16(b)(1)(A)

COMES NOW the United States and files this motion requesting that the Court order the defendants Atlas Iron Processors, Inc., Anthony J. Giordano, Sr., Anthony J. Giordano, Jr., David Giordano, and Sunshine Metal Processing, Inc.¹ (hereinafter "defendants") to produce all documents and tangible objects the defendants intend to introduce at trial.²

On December 2, 1997, the Court issued a Standing Discovery Order. On December 15, 1997, the United States filed its response to the Court's Standing Discovery Order. In its response, the United States specifically requested that materials be produced to the United States pursuant to ¶B of the Standing Discovery Order and Fed. R. Crim. P. Rule 16. See, e.g., Response of United States To Standing Discovery Order Concerning Defendant Atlas Iron Processors, Inc., ¶B.³

Between December 19, 1997, and January 16, 1998, the Atlas defendants (Atlas Iron Processors, Inc., Anthony J. Giordano, Sr., Anthony J. Giordano, Jr., and David Giordano) filed separate responses to the Standing Discovery Order. In each response the Atlas defendants stated they had produced all the books, papers, documents, photographs or tangible objects they intended to produce as evidence in chief at trial. However, each Atlas defendant also reserved the right to supplement their response to the Standing Discovery Order once the United States had complied with the provisions set forth in the Standing Discovery Order.

The United States complied with the Standing Discovery Order's provisions nearly seven months ago, shortly after Magistrate Judge Dubé issued a sealed protective order on May 26, 1998. To date the United States has not received supplemental responses from any of the Atlas defendants.⁴ For this reason, the United States respectfully requests that the Court order the defendants to fully comply with the requirements of the Standing Discovery Order, which provides:

Standing Discovery Order ¶B(1). The Standing Discovery mirrors the defendants' obligations under Fed. R. Crim. P. 16(b)(1)(A) which provides:

Fed. R. Crim. P. 16(b)(1)(A) .

The trial is less than six weeks away. The United States complied with its discovery duties nearly seven months ago. Accordingly, the United States respectfully requests that the Court order the defendants to fully comply with the Standing Discovery Order and requirements of Rule 16(b)(1)(A) and produce all "books, papers, documents, photographs, tangible objects, or copies or portions thereof, which are within the possession, custody, or control of the defendants and which the defendant intends to introduce as evidence in chief at the trial." To avoid any further prejudice, the United States requests an Order requiring the defendants to produce these materials forthwith, but no later than December 23, 1998. A proposed Order is attached.

FOOTNOTES

¹ Pursuant to Local Rule 88.9, the United States also contacted Ben Kuehne, counsel for defendant Randolph J. Weil. Kuehne has agreed to voluntarily provide the United States with this Rule 16 and Standing Discovery Order material no later than December 18, 1998.

² For the convenience of the Court, the United States has combined its motion and the supporting memorandum.

³ Paragraph B provided:

⁴ To the best of the United States' knowledge, Sunshine has not filed a response to the Standing Discovery Order. Both Sunshine's Chapter 7 trustee and its criminal counsel, Marc Nurik, have represented to the United States that Sunshine will not defend at trial.