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  5. 957 F.2d 1161 (1992)
 

U.S. v. PAISLEY

Nos. 90-3510, 90-3513.

957 F.2d 1161 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Melvyn R. PAISLEY; Thomas K. Jones; Herbert A. Reynolds; Harold Kitson, Jr.; Lawrence H. Crandon, Defendants-Appellees, and The Boeing Company, Inc., Defendant. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided March 3, 1992.

As Amended March 23, 1992.

Attorney(s) appearing for the Case

Mark William Pennak, Civ.Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty., Gen., William Kanter, Civ., Div., U.S. Dept. of Justice, Washington, D.C., Henry E. Hudson, U.S. Atty., Alexandria, Va., on brief), for plaintiff-appellant.

William Robert Stein, Hughes, Hubbard & Reed, Washington, D.C., argued (John C. Moylan, Paul Greco, Washington, D.C., for defendants-appellees Jones, Reynolds and Kitson; Gerard F. Treanor, Jr., Amy Berman Jackson, Venable, Baetjer & Howard, McLean, Va., for defendant-appellee Crandon; Robert Plotkin, Washington, Perito & Dubac, Washington, D.C., for defendant-appellee Paisley, on brief), for defendants-appellees.

Before RUSSELL, HALL, and PHILLIPS, Circuit Judges.

OPINION

PHILLIPS, Circuit Judge:

The question is the entitlement of certain government employees, appellees in this appeal, to an award of attorney fees as prevailing parties under the Equal Access to Justice Act, 28 U.S.C. § 2412 (the EAJA), following the Government's unsuccessful attempt to recover from them a civil penalty for allegedly receiving from their former private employer compensation in violation of 18 U.S.C. § 209(a). Because the...

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