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U.S. v. PROJECT ON GOVERNMENT OVERSIGHT

Nos. 08-5182, 08-5465, 08-5466.

616 F.3d 544 (2010)

UNITED STATES of America, Appellee v. PROJECT ON GOVERNMENT OVERSIGHT, Appellant. Robert A. Berman, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 2010.

Attorney(s) appearing for the Case

Ross A. Nabatoff argued the cause for appellant/cross-appellee Project on Government Oversight. With him on the briefs were Stanley M. Brand and Andrew D. Herman .

Robert A. Berman , appearing pro se, argued the cause and filed the briefs for appellant.

Judith Rabinowitz , Attorney, U.S. Department of Justice, argued the cause for appellee/cross-appellant United States of America. With her on the briefs was Douglas N. Letter , Attorney.

Opinion filed by Senior Circuit Judge EDWARDS concurring in the judgment and concurring in part in the opinion for the Court.

GARLAND, Circuit Judge:

A non-profit organization gave an Interior Department economist a monetary award for his "public-spirited work [to prevent] oil companies[ ]" from underpaying the Mineral Management Service for oil extracted from federal lands. The government responded by charging both the organization and the economist with violating 18 U.S.C. § 209(a), which prohibits giving or receiving any contribution to or supplementation of salary "as compensation...

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