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U.S. v. BOEING CO., INC.

No. 87-2054.

845 F.2d 476 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. The BOEING COMPANY, INC.; Melvyn R. Paisley; Thomas K. Jones; Herbert Reynolds; Harold J. Kitson; Lawrence H. Crandon, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 5, 1988.

Attorney(s) appearing for the Case

Michael F. Hertz, Civil Div., Dept. of Justice (Richard K. Willard, Asst. Atty. Gen., Washington, D.C., Henry E. Hudson, U.S. Atty., Alexandria, Va., Joan E. Hartman, Civil Div., Dept. of Justice, Washington, D.C., on brief), for plaintiff-appellant.

Philip Allen Lacovara (Roger P. Fendrich, Andrew T. Karron, Hughes, Hubbard & Reed, on brief), Robert S. Bennett (Alan Kriegel, Dunnells, Duvall, Bennett & Porter, Benjamin S. Sharp, Hilary Harp, Perkins Coie, Washington, D.C., Gerard F. Treanor, Jr., Arlington, Va., Amy S. Berman, Venable, Baetjer & Howard, Washington, D.C., on brief), for defendants-appellees.

Before HALL and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

ERVIN, Circuit Judge:

In 1981 and 1982, five Boeing Company ("Boeing") employees left the company to assume high-level positions in the Reagan administration. Before their federal employment began, Boeing made a large "severance payment" to each one with the payments totalling $485,000. In 1986, the government instituted this civil action to recover the amount of the payments from both Boeing and the individual employees based on 18 U.S.C. § 209(a),

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