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U.S. v. WELCH

Nos. 01-4170, 01-4241.

327 F.3d 1081 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas K. WELCH and David R. Johnson, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 22, 2003.

Attorney(s) appearing for the Case

Richard A. Friedman, Attorney, Appellate Section (John C. Keeney, Acting Assistant Attorney General, Richard N. Wiedis, Senior Trial Attorney, Fraud Section, and John W. Scott, Senior Trial Attorney, Public Integrity Section, with him on the brief), Criminal Division, United States Department of Justice, Washington, DC, for Plaintiff-Appellant.

William W. Taylor III, Zuckerman Spaeder LLP, (Blair G. Brown, Elizabeth Taylor, and Amit P. Mehta, Zuckerman Spaeder LLP, Washington, DC, and Michael Goldsmith, Park City, UT, for Defendant-Appellee Thomas K. Welch, and Max D. Wheeler, Camille N. Johnson, and Robert J. Shelby, Snow, Christensen & Martineau, Salt Lake City, UT, for Defendant-Appellee David R. Johnson, with him on the brief), Washington, DC, for Defendants-Appellees.

Before KELLY, BALDOCK, and HENRY, Circuit Judges.

BALDOCK, Circuit Judge.

Defendants Thomas K. Welch and David R. Johnson were the President and Senior Vice President, respectively, of the Salt Lake City Bid Committee for the 2002 Olympic Winter Games (SLBC). Community leaders organized the SLBC in the late 1980's as an I.R.C. § 501(c)(3) not-for-profit corporation under the direction of a board of trustees. The SLBC's primary purpose was to secure, in cooperation with the United States Olympic Committee (USOC...

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