UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
UNITED STATES OF AMERICA,
Plaintiff,
v.
ATLAS IRON PROCESSORS, INC.;
SUNSHINE METAL PROCESSING,
INC.;
ANTHONY J. GIORDANO, SR.;
ANTHONY J. GIORDANO, JR.;
DAVID GIORDANO; and
RANDOLPH J. WEIL,
Defendant.
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CASE NO. 97-0853-CR-NESBITT
RESPONSE OF UNITED STATES
TO STANDING DISCOVERY ORDER
CONCERNING DEFENDANT
ANTHONY J. GIORDANO, SR.
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The United States of America (hereinafter "United States"), by and through the
undersigned counsel, files this response to the Standing Discovery Order issued in this case for
Anthony J. Giordano, Sr. (hereinafter "defendant"). This response is numbered to
correspond to that order.1
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- There are no written or recorded statements made by the defendant.
- The defendant has not made any oral statements before or after arrest
in response to interrogation by a then known-to-be government agent which the United States
intends to offer at trial.
- See paragraph A.2 above.
- See paragraph A.1 above.
- The United States has not found a criminal record for the defendant.
- Books, papers, documents, etc., which the United States intends to
use as evidence at trial to prove its case-in-chief, or which were obtained from or belong to the
defendant, may be inspected by making an appointment with the undersigned counsel. The
United States is not in possession of any documents that belong to the defendant. The United
States, however, does have in its possession documents produced by Atlas Iron Processors, Inc.
("Atlas") pursuant to issued subpoenas ducestecum. All of the
documents and materials produced by Atlas are immediately available to the defendant upon
request. Subject to any protective orders filed in the above-captioned case, materials covered
under Rule 16 of the Federal Rules of Criminal Procedure also are immediately available for
inspection and copying by the defendant. Pursuant to a telephone conversation with counsel for
the defendant, Robert C. Josefsberg, on December 12, 1997, it was agreed that any economic and
price-related documents (e.g., invoices, check registers, scale tickets,
outbound/inbound reports, etc.) available to the defendant can, instead, be made available to
counsel for Atlas. Accordingly, economic and price-related documents produced by Atlas or
covered by Rule 16 of the Federal Criminal Rules of Procedure are immediately available for
inspection and copying by Atlas' counsel. These documents and materials are presently located
in Cleveland, Ohio, at the office of the undersigned counsel, and can be made available for
inspection and copying by appointment upon request by Atlas' counsel.
- There are no results or reports of physical or mental examinations, or
of scientific tests or experiments, which are material to the preparation of the defense or are
intended for use by the government as evidence in chief at the trial.
- The United States requests the disclosure and production of materials
enumerated as items 1, 2 and 3 of Section B of the Standing Discovery Order. This request also
is made pursuant to Rule 16(b) of the Federal Rules of Criminal Procedure.
- The United States is in the process of determining what, if any,
information or material exists which may be favorable to the defendant on the issues of guilt or
punishment within the scope of Brady or Agurs. The United States will
disclose to the defendant the substance of this information and material, if any, or make available
to the defendant for inspection and copying this information and material, if any, now known to
be covered under Brady or Agurs. The United States understands its
obligation under Brady and Agurs to be a continuing one.
- The United States is in the process of determining the existence and
substance of any payments, promises of immunity, leniency, preferential treatment, or other
inducements made to prospective government witnesses, within the scope of Giglio
and Napue. The United States will disclose to the defendant the substance of this
information and material, if any, or make available to the defendant this information or material
for inspection and copying, if any, now known to be covered under Giglio or
Napue. The United States understands its obligation under Giglio and
Napue to be a continuing one.
- The United States will supply the defendant with the record of prior
convictions of any informant who will testify for the United States at trial.
- The defendant was not identified in a photo spread or similar
identification proceeding.
- The United States has advised its agents and officers involved in this
cases to preserve rough notes.
- The United States will advise the defendant prior to trial of its intent,
if any, to introduce during its case-in-chief additional evidence pursuant to Federal Rule of
Evidence 404(b). Please be advised, however, that the United States does intend to introduce
against the defendant evidence that the defendant was aware of, and directly participated in,
collusive conduct in Cleveland, Ohio. Finally, the defendant is hereby on notice that all evidence
made available to the defendant for inspection, as well as all statements disclosed herein or in
any future discovery or discovery letter, may be introduced in the trial of this case.
- The defendant is not an aggrieved person, as defined in title 18,
United States Code, Section 2510(11), of any electronic surveillance.
- The United States has ordered transcribed the Grand Jury testimony
of all witnesses who will testify for the United States at trial.
- There is no contraband seized in this case.
- There are no vehicles, vessels, etc., involved in this case.
- The United States is aware of no latent fingerprints or palm prints
which have been identified by a government expert as those of the defendant.
- The United States intends to make every possible effort in good faith
to stipulate to all facts or points of law the truth and existence of which is not contested and the
early resolution of which will expedite the trial.
- Counsel for the defendant may contact the undersigned to arrange for
a pretrial conference. Following the conference, the United States is prepared to collaborate on a
written statement to the Court setting forth the discovery exchanged and any stipulations reached.
The United States is aware of its continuing duty to disclose such newly discovered additional
information required by the Standing Discovery Order, Rule 16 of the Federal Rules of Criminal
Procedure, materials or information covered under Brady, Agurs,
Giglio, and Napue, and the obligation to assure a fair trial.
In addition to the request made above by the United States pursuant to Section B of the Standing
Discovery Order and Rule 16(b) of the Federal Rules of Criminal Procedure, and in accordance
with Rule 12.1, 12.2 and 12.3 of the Federal Rules of Criminal Procedure, the United States
demands Notice of Alibi, Insanity and Public Authority defenses; the approximate time, date, and
place of the offense is set forth in the Indictment.
WILLIAM J. OBERDICK
Acting Chief
Cleveland Field Office
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______________________________
By: RICHARD T. HAMILTON, JR.
Court I.D. No. A5500338
PAUL A. 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 |
CERTIFICATE OF SERVICE
I hereby certify that copies of the following:
- RESPONSE OF UNITED STATES TO STANDING DISCOVERY
ORDER CONCERNING DEFENDANT ATLAS IRON PROCESSORS, INC.;
- RESPONSE OF UNITED STATES TO STANDING DISCOVERY
ORDER CONCERNING DEFENDANT ANTHONY J. GIORDANO, SR.;
- RESPONSE OF UNITED STATES TO STANDING DISCOVERY
ORDER CONCERNING DEFENDANT ANTHONY J. GIORDANO, JR.;
- RESPONSE OF UNITED STATES TO STANDING DISCOVERY
ORDER CONCERNING DEFENDANT DAVID GIORDANO; AND
- RESPONSE OF UNITED STATES TO STANDING DISCOVERY
ORDER CONCERNING DEFENDANT RANDOLPH J. WEIL.
were sent Federal Express to the Office of the Clerk of Court on this 15th day of December,
1997. Copies of the above-captioned pleadings were also served upon the defendants via regular
U.S. mail on this 15th day of December, 1997.
Benedict P. Kuehne, Esq.
Sale & Kuehne
Nationsbank Tower,Suite 3550
100 Southeast 2nd Street
Miami, FL 33131-2154
Robert C. Josefsberg, Esq.
Podhurst, Orseck, Josefsberg,
Eaton, Meadow, Olin & Manos, L.P.A.
City National Bank Building
25 West Flagler Street
Miami, FL 33130-1780
William T. Doyle, Esq.
2000 Standard Building
Cleveland, OH 44113-1701
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Ralph E. Cascarilla, Esq.
Walter & Haverfield
1300 Terminal Tower
Cleveland, OH 44113-2253
Patrick M. McLaughlin, Esq.
Mansour, Gavin, Gerlack &
Perwin, P.A.
55 Public Square, Suite 800
2150 Illuminating Building
Cleveland, OH 44113-1994
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WILLIAM J. OBERDICK
Acting Chief
Cleveland Field Office
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_______________________________
RICHARD T. HAMILTON, JR.
Court I.D. No. A5500338
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 On December 11, 1997, the undersigned counsel
called the Clerk of Court's office in the Southern District of Florida
to find out if the Standing Discovery Order was entered in the above-captioned
case since all of the defendants have not yet been arraigned, nor have
all of the defendants in this matter retained counsel who have filed
permanent appearances. The United States learned that the Standing Discovery
Order was, in fact, issued on December 2, 1997.
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