United States Court of Appeals for the district of columbia circuit

Division for the Purpose of Appointing Independent Counsels

Ethics in Government Act of 1978, As Amended

In re: Alphonso Michael (Mike) Espy Division No. 94-2

Before: Sentelle, Presiding, and Butzner and Fay, Senior Circuit Judges.

O R D E R

Upon consideration of the Office of Independent Counsel's Application for Referral of a Related Matter Pursuant to 28 U.S.C.  594(e), filed under seal on May 28, 1998, the Opposition of the United States to the Application for Referral, and the Reply of the Independent Counsel in Support of the Application, it is hereby ORDERED that the application for the referral of a related matter is denied for the reasons set forth in the accompanying opinion. It is FURTHER ORDERED that the underlying filings of the Independent Counsel and the Attorney General, referenced above, remain under seal. Per Curiam For the Court: Mark J. Langer, Clerk by Marilyn R. Sargent Chief Deputy Clerk

Filed on June 12, 1998