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JOSHUA R. HOCHBERG, Chief, Fraud Section,

Criminal Division, United States Department of Justice

Acting United States Attorney, District of Utah

PETER B. CLARK, Deputy Chief, Fraud Section,

Criminal Division, United States Department of Justice

RICHARD N. WIEDIS, Senior Trial Attorney, Fraud Section,

Criminal Division, United States Department of Justice

JOHN W. SCOTT, Senior Trial Attorney, Public Integrity Section,

Criminal Division, United States Department of Justice

Attorneys for the United States of America

United States Department of Justice

Bond Building

1400 New York Avenue, N.W.

Washington, D.C. 20005

Telephone: (801) 579-4675

(202) 514-7023

THE UNITED STATES DISTRICT COURT

DISTRICT OF UTAH, CENTRAL DIVISION

CRIMINAL NO. 2 : 00CR - 0324S

UNITED STATES OF AMERICA.

Plaintiff,

THOMAS K. WELCH and DAVID R. JOHNSON,

Defendants.

VIOLATIONS:

18 U.S.C. 371 (Conspiracy)

18 U.S.C. 1952 (Travel Act)

18 U.S.C. 1341, 1343 and 1346 (Mail, Wire and Honest Services Fraud)

18 U.S.C. 2 (Aiding and Abetting)

INDICTMENT:

The Grand Jury Charges:

COUNT ONE (18 U.S.C. 371 Conspiracy)

At all times relevant to this Indictment, unless otherwise stated:

The Salt Lake City Olympic Bid and Organizing Committees:

1. The Salt Lake City Bid Committee for the Olympic Winter Games (SLBC) was a non-profit corporation incorporated in Utah. The SLBC was organized to foster national and international amateur sports competition in Utah and, in particular, to seek the right from the International Olympic Committee (IOC) to host the Olympic Winter Games in Utah. In or about June 1995, the SLBC was renamed as the Salt Lake Organizing Committee for the 2002 Olympic Winter Games (SLOC).

2. The SLOC and its predecessor, the SLBC, applied for and received from the Internal Revenue Service (IRS) an exemption from payment of federal income tax under the provisions of Section 501 (c)(3) of the Internal Revenue Code, and as non-profit entities were required to disclose financial information to the IRS and the public, and were further required to inform the IRS of any change in their character, purpose or method of operation in order to maintain their tax exempt status. The SLBC/SLOC was dependent upon financial contributions from various individuals and organizations. These contributions were tax deductible by the donors only so long as the SLBC/SLOC maintained its tax exempt status.

3. The SLBC/SLOC was managed under the direction of a governing Board of Trustees and by its various committees, including the Executive Committee and the Audit Committee.

4. The SLBC/SLOC had the right to control how its monies were spent, the right to be free of actual and potential economic harm, and the right to have its business and affairs conducted honestly, impartially, in compliance with the laws of the United States, of the State of Utah and of other states, and free from deceit, corruption, fraud, and dishonesty.

5. Defendant THOMAS K. WELCH was the President of the SLBC, and was the President of the SLOC until August 1997, and in that capacity planned, organized, directed, managed and coordinated the activities of the SLBC/SLOC.

6. Defendant DAVID R. JOHNSON was the Senior Vice President of the SLBC, and was the Senior Vice President of the SLOC until January 1999, and in that capacity planned, organized, directed, managed and coordinated the activities of the SLBC/SLOC. JOHNSON was also responsible for supervising relations with IOC members during the SLBC's bids for Salt Lake City to be elected as the host city for the Olympic Winter Games.

7. The laws of the State of Utah prohibited any officer of a corporation from willfully misapplying any of the money, funds and credits of the corporation; from making any false entry in any book, report, and statement of the corporation; and from knowingly making and concurring in the making and publishing of any written report, exhibit, and statement of the corporation's affairs and pecuniary condition containing any material statement which was false.

The International Olympic Committee:

8. The IOC was an international non-profit organization based in Lausanne, Switzerland. Among the functions of the IOC was to conduct the election of the host city for the quadrennial Olympic Winter Games.

9. The Olympic Charter was the codification of the fundamental principles, rules and by-laws adopted by the IOC. It governed the organizations, athletes and other persons, sometimes known as the Olympic Movement, all of whom agreed to be bound by its provisions, and stipulated the conditions for the celebration of the Olympic Games.

10. The IOC chose and elected its members from among such persons as it considered qualified. By the terms of the Olympic Charter, those members elected were required to take an oath pledging to respect the provisions of the Olympic Charter, to keep themselves free from political or commercial influence, to defend in all circumstances the interests of the IOC and those of the Olympic Movement, to represent the IOC in their respective countries, and to perform other tasks assigned to them, including the representation of the IOC in any other country or territory. The Olympic Charter prohibited IOC members from accepting from governments, organizations, or other legal entities or natural persons, any mandate liable to bind them or interfere with their freedom of action and vote.

11. One of the primary functions performed by IOC members was to cast their votes in the election of the host city for the Olympic Winter Games.

12. As part of the IOC's administration of the election of the host city for the Olympic Winter Games, the IOC distributed a series of instructions to IOC members and to candidate cities, including Salt Lake City, which among other things limited certain expenditures by candidate cities, created rules concerning visits by IOC members to candidate cities, and placed limitations on the value of gifts and other benefits which could be given to IOC members by and on behalf of candidate cities.

The United States Olympic Committee:

13. The United States Olympic Committee (USOC) was a non-profit corporation established by the Congress to represent the United States as its National Olympic Committee (NOC) in relations with the IOC. The USOC was authorized to select, from among candidate cities in the United States, the city that would compete against cities from other countries for the right to host the Olympic Winter Games.

14. The USOC was an organization which belonged to the Olympic Movement and was bound by the provisions of the Olympic Charter. As the NOC for the United States, the USOC was required to ensure the observance of the Olympic Charter in the United States.

The Election Campaigns for the Olympic Winter Games:

15. Between in or about 1988 and June 3, 1989, Salt Lake City competed against five other United States cities to become the United States candidate city to host the 1998 Olympic Winter Games. On or about June 4, 1989, the USOC selected Salt Lake City as the United States candidate city for 1998 Olympic Winter Games. Pursuant to that selection, on or about March 21, 1990, the USOC and the SLBC entered into a Candidate City Agreement which required the SLBC to abide by the provisions of the Olympic Charter. The Candidate City Agreement also obligated the USOC to support Salt Lake City for an uncontested second designation as the United States candidate city for the 2002 Olympic Winter Games.

16. On or about June 15, 1991, the IOC elected Nagano, Japan to be the host city for the 1998 Olympic Winter Games. Thereafter, the SLBC campaigned for Salt Lake City to become the host city for the 2002 Olympic Winter Games.

17. On or about July 12, 1994, the SLBC, the Mayor of Salt Lake City and the USOC jointly executed an Undertaking required to be filed with the IOC in which they represented and agreed, among other things, to abide by the provisions of the Olympic Charter and to act in accord with the IOC's instructions to candidate cities bidding to host the 2002 Olympic Winter Games.

18. On or about June 16, 1995, the IOC elected Salt Lake City to be the host city for the 2002 Olympic Winter Games. On or about the same day, the IOC, Salt Lake City and the USOC jointly executed the Host City Contract which required the SLOC and Salt Lake City to continue to abide by the provisions of the Olympic Charter. In the event of a violation by the SLOC, Salt Lake City or the USOC of the Host City Contract, the Olympic Charter or any applicable law, the IOC was entitled to withdraw at any time, and with immediate effect, the right of Salt Lake City to host the 2002 Olympic Winter Games.

The Conspiracy:

19. From in or about February 1988, the exact date being unknown to the Grand Jury, and continuing through in or about July 1999, in the District of Utah and elsewhere, defendants THOMAS K. WELCH and DAVID R. JOHNSON did knowingly and willingly combine, conspire, and agree with each other and others, both known and unknown to the Grand Jury, to commit offenses against the United States, to wit:

(a) to travel and cause travel in interstate and foreign commerce and use and cause to be used the mail and any facility in interstate and foreign commerce with the intent to promote, manage, establish, carry on and facilitate the promotion, management, establishment and carrying on of unlawful activity to wit: bribery in violation of Title 76, Utah Criminal Code Section 76-6-508 and Title 18, Colorado Criminal Code, Section 18-5-401; and thereafter to perform and attempt to perform and cause the performance and attempted performance of an act to promote, manage, establish, and carry on, and to facilitate the promotion, management, establishment and carrying on of said unlawful activity, in violation of Title 18, United States Code, Sections 1952(a)(3) and 2;

(b) to devise and intend to devise a scheme and artifice to defraud the SLBC/SLOC and to deprive that organization, by means of material false and fraudulent pretenses, representations, and promises, of money and property and of its intangible right to the honest services of the defendants and others, and for the purpose of executing the scheme and artifice, and attempting to do so, to place and cause to be placed in a post office and an authorized depository for mail matter to be sent and delivered by the United States Postal Service, and to deposit and cause to be deposited matter to be sent and delivered by a private and commercial interstate carrier, in violation of Title 18, United States Code, Sections 1341, 1346 and 2;

(c) to devise and intend to devise a scheme and artifice to defraud the SLBC/SLOC and to deprive that organization, by means of material false and fraudulent pretenses, representations, and promises, of money and property and of its intangible right to the honest services of the defendants and others, and for the purpose of executing the scheme and artifice, to transmit and cause to be transmitted by means of wire communications in interstate and foreign commerce certain writings, signals and sounds, in violation of Title 18, United States Code, Sections 1343, 1346 and 2; and

(d) to knowingly cause another to obtain and possess an alien registration receipt card knowing it to have been procured by means of false claims and statements, and to have been otherwise procured by fraud, in violation of Title 18, United States Code, Sections 1546 and 2.

Object of the Conspiracy

20. It was the object of the conspiracy for defendants THOMAS K. WELCH and DAVID R. JOHNSON to misappropriate and misapply the monies and funds of the SLBC/SLOC by diverting SLBC income, and by giving, offering and agreeing to give money and other material personal benefits to influence IOC members to vote for Salt Lake City to host the Olympic Winter Games and concealing from the SLBC/SLOC, the USOC, the IOC, Salt Lake City, the State of Utah, the United States Government, and others the true amount, nature and purpose of such money and benefits.

Manner and Means of the Conspiracy:

Payment of Money and Other Valuable Personal Benefits to Influence IOC Members:

21. It was part of the conspiracy that defendants THOMAS K. WELCH and DAVID R. JOHNSON would and did deprive the SLBC/SLOC of its monies and funds by using such monies and funds for unauthorized purposes, by committing acts of bribery in violation of the laws of the State of Utah and other states, and by subjecting the SLBC/SLOC to the foreseeable risk of economic harm.

22. It was further a part of the conspiracy that defendants THOMAS K. WELCH and DAVID R. JOHNS ON would and did identify and recruit IOC members upon whom they did confer, offer, and agree to confer valuable personal benefits, both before and after the election of Salt Lake City as the host of the 2002 Olympic Winter Games, for the purpose of influencing their conduct in connection with the IOC's election of the host city for the Olympic Winter Games, by engaging in activities including but not limited to the following:

(a) making direct and indirect payments of money and other things of substantial value; (b) making payments to IOC members and their relatives under the guise of sham contracts and consulting agreements;

(c) making payments for tuition, living expenses and spending money for the children and relatives of IOC members;

(d) making payments for medical expenses of IOC members and their relatives; and

(e) making payments for personal and vacation travel expenses of IOC members and their relatives.

23. It was further a part of the conspiracy that the direct and indirect payments of money and personal benefits described in paragraph 22 totaled approximately $1 million, including payments and personal benefits given to the following IOC members:

(a) approximately $320,000 to Jean Claude Ganga of the Congo;

(b) approximately $91,000 to Bashir Attarabulsi of Libya;

(c) approximately $42,000 to Charles Mukora of Kenya;

(d) approximately $20,000 to Zein Gadir of the Sudan;

(e) approximately $78,000 to Un Yong Kim of South Korea;

(f) approximately $ 195,000 to Rene Essomba of Cameroon;

(g) approximately $3,000 to Austin Sealy of Barbados;

(h) approximately $30,000 to Augustin Arroyo of Ecuador;

(i) approximately $ 1,200 to Slobodan Filopovic of Yugoslavia;

(j) approximately $99,000 to David Sibandze of Swaziland;

(k) approximately $ 107,000 to Lamine Keita of Mali;

(1) approximately $33,750 to Pirjo Haggman of Finland;

(m) approximately $8,000 to Guirandou N'Daiye of the Ivory Coast;

(n) approximately $5,000 to Anton Geesink of the Netherlands; and

(o) approximately $20,000 to Sergio Santander-Fantini of Chile.

24. It was further a part of the conspiracy that defendants THOMAS K. WELCH and

DAVID R. JOHNSON would and did use various methods and devices to conceal from, and misrepresent to, the SLBC/SLOC, contributors to the SLBC/SLOC, the USOC, the IOC, Salt Lake City, the State of Utah, the United States Government, and others many of the benefits conferred upon IOC members, including but not limited to the following:

(a) creating and causing the funding of a sham program, the National Olympic Committee Program (NOC Program), which purported to provide athletes in

underprivileged countries with training and equipment;

(b) making and causing to be made payments to IOC members in cash;

(c) causing the SLBC/SLOC to enter into sham contracts and consulting agreements;

(d) causing many of the payments and benefits provided by the SLBC/SLOC to IOC members and their relatives to be inaccurately recorded in various accounts on the books and records of the SLBC/SLOC;

(e) placing and causing to be placed false, fraudulent and misleading information in the books, financial statements and other financial records of the SLBC/SLOC; and

(f) failing to disclose and causing the failure to disclose material information in publicly-available documents.

Fraudulently Obtaining Lawful Resident Alien Status for an IOC Member's Son:

25. It was further a part of the conspiracy that defendants THOMAS K. WELCH and DAVID R. JOHNSON would and did arrange to secretly fund the employment of an IOC member's son by a third party, and would and did cause the submission of false and misleading documents to the New York State Department of Labor, the United States Department of Labor, and the Immigration and Naturalization Service of the United States for the purpose of fraudulently obtaining for the IOC member's son lawful permanent resident alien status (i.e., a green card).

Payments to a USOC Official:

26. It was further a part of the conspiracy that defendants THOMAS K. WELCH and DAVID R. JOHNSON would and did, without the knowledge of the USOC, the SLBC and its Board of Trustees, and others, recruit Alfredo La Mont, the USOC's Director of International Relations, to secretly assist the SLBC in defeating other United States cities against which Salt Lake City was competing to be selected by the USOC as the United States candidate city in the IOC's election of the host city for the Olympic Winter Games.

27. It was further a part of the conspiracy that defendants THOMAS K. WELCH and DAVID R. JOHNSON would and did, without the knowledge of the USOC, the SLBC, its Board of Trustees. its Executive Committee, and others, cause the SLBC to secretly make payments to Alfredo La Mont, after Salt Lake City was selected by the USOC as the United States candidate city, to assist the SLBC in influencing the conduct of IOC members in connection with IOC's election of the host city for the Olympic Winter Games.

28. It was further a part of the conspiracy that defendants THOMAS K. WELCH and DAVID R. JOHNSON would and did conceal and disguise from the USOC, the SLBC, its Board of Trustees, its Executive Committee, the IOC, and others, payments for the benefit of Alfredo La Mont and an IOC member by making payments to entities designated by La Mont.

Diversion of SLBC Income:

29. It was further a part of the conspiracy that defendants THOMAS K. WELCH and DAVID R. JOHNSON would and did solicit donations to the SLBC and instruct a potential sponsor (the Sponsor) to make a series of payments to the defendants in cash so that the payments would not appear on the SLBC's books and records and could be diverted by the defendants for their own personal purposes.

Overt Acts:

30. In furtherance of the conspiracy and to effect the objects thereof, the defendants and other coconspirators known and unknown to the Grand Jury committed the following overt acts, among others, in the District of Utah and elsewhere:

(1) In or about February 1988, defendants THOMAS K. WELCH and DAVID R. JOHNSON met with Alfredo La Mont, the USOC's Director of International Relations, and discussed, among other things, the hiring of La Mont to secretly provide the SLBC with information which would assist it in defeating other United States cities against which Salt Lake City was competing to be selected by the USOC as the United States candidate city to compete in the IOC's election of the host city for the Olympic Winter Games.

(2) In or about March 1990, defendants THOMAS K. WELCH and DAVID R. JOHNSON agreed to make payments to Alfredo La Mont for serving as a "consultant" who would secretly assist the SLBC in its efforts to obtain the right to host the Olympic Winter Games.

(3) In or about March 1990, in order to conceal the SLBC's employment of Alfredo La Mont, defendant THOMAS K. WELCH signed a consulting contract pursuant to which he agreed that the SLBC would make secret payments to La Mont in the name of a Mexican corporation.

(4) In or about June 1991, defendants THOMAS K. WELCH and DAVID R. JOHNSON collected information about which IOC members would accept personal benefits to influence and reward them in connection with the IOC's election to choose the host city for the Olympic Winter Games.

(5) In or about June 1991, defendants THOMAS K. WELCH and DAVID R. JOHNSON prepared a plan outlining personal benefits to offer to IOC members in order to influence and reward them in connection with the IOC's election to choose the host city for the Olympic Winter Games.

(6) In or about October 1991, defendants THOMAS K. WELCH and DAVID R. JOHNSON created the NOC Program as a pretext and a mechanism for making payments of money and conferring personal benefits to IOC members and their relatives.

(7) In or about October 1991, defendants THOMAS K. WELCH and DAVID R. JOHNSON presented the Executive Committee with a four-year campaign strategy which contained false, fraudulent and misleading descriptions of the NOC Program.

(8) On or about January 10, 1992, defendant THOMAS K. WELCH created a "memo to file" in which he falsely described the elements of the NOC Program.

(9) On or about January 17, 1992, defendant DAVID R. JOHNSON presented the Executive Committee with a proposed "Scholarship Program" and a set of criteria which were designed to mislead the members of the Executive Committee about the true basis upon which payments had been made and would continue to be made under the "Scholarship Program."

(10) On or about May 11, 1992, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the preparation of a budget amendment for fiscal year 1993 which contained false and misleading information about, among other things, the NOC Program.

(11) In or about October 1993, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to hire a consultant based in Canada (the Canadian Consultant) to assist the SLBC in determining what personal benefits IOC members wanted and would accept in order to influence them.

(12) On or about February 16, 1994, the Canadian Consultant provided to an SLBC employee a list of specific personal benefits which several IOC members had requested.

(13) In or about June 1994, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to hire a consultant based in Kuwait (the Kuwaiti Consultant) to assist the SLBC in determining what personal benefits IOC members wanted and would accept in order to influence them.

Overt Acts to Secretly Obtain Use of the SLBC's Cash for Defendants' Personal Purposes:

(14) In or about late 1993, defendants THOMAS K. WELCH and DAVID R. JOHNSON met with the Sponsor and requested between $ 100,000 and $200,000 for the SLBC.

(15) In or about February 1994, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to issue a $25,000 check payable to a Swiss corporation controlled by the Sponsor and to falsely book the payment on the SLBC's books and records as a "contract" payment.

(16) In or about February 1994, defendant THOMAS K. WELCH delivered the $25,000 check described in overt act (15) to the Sponsor in the lobby of a hotel in Lillehammer, Norway.

(17) In or about May 1994, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to issue a $20,000 check payable to a Swiss corporation controlled by the Sponsor and to falsely book the payment on the SLBC's books and records as a "contract" payment.

(18) In or about August 1994, defendant DAVID R. JOHNSON met an employee of the Sponsor at the Salt Lake International Airport where the employee gave defendant JOHNSON an envelope containing approximately $35,000 in cash.

(19) In or about November 1994, defendant DAVID R. JOHNSON met the Sponsor at a Nashville, Tennessee hotel where the Sponsor gave defendant JOHNSON an envelope containing approximately $17,000 in cash.

(20) In or about December 1994, defendant THOMAS K. WELCH met the Sponsor at an Atlanta, Georgia hotel where the Sponsor gave defendant WELCH an envelope containing approximately $35,000 in cash.

(21) In or about May 1995, defendant THOMAS K. WELCH, prior to boarding a flight to Europe, met an employee of the Sponsor at JFK International Airport in New York, New York, where the employee gave defendant WELCH an envelope containing approximately $44,000 in cash.

Overt Acts Intended to Influence IOC Member Jean Claude Ganga:

(22) On or about April 30, 1992, defendant THOMAS K. WELCH caused the SLBC to pay $8,649 for IOC member Jean Claude Ganga and his wife to fly round-trip from Brazzaville, Congo to Montreal, Canada to attend a wedding.

(23) On or about August 16, 1993, defendant THOMAS K. WELCH caused the SLBC to pay $10,311.87 for Jean Claude Ganga and his son to fly round trip from Brazzaville, Congo to New York, New York.

(24) In or about October and November 1993, defendant DAVID R. JOHNSON caused the SLBC to pay a total of $10,986 for three of Jean Claude Ganga's relatives to fly round-trip between Montreal, Canada and Brazzaville, Congo, and record the payments to the Outbound Airfare account on the books and records of the SLBC in order to disguise the true nature and purpose of the payments.

(25) In or about the spring of 1994, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to use donated airline tickets worth more than $38,000 for Jean Claude Ganga and his relatives to make various trips, including a round-trip from Brazzaville, Congo to Salt Lake City, Utah, and a round-trip from Montreal, Canada to Salt Lake City, Utah, in part for the purpose of providing medical treatments for Ganga's mother-in-law.

(26) In or about April 1994, defendants THOMAS K. WELCH and DAVID R. JOHNSON directed an SLBC employee to assist Jean Claude Ganga in opening a personal bank account at First Security Bank (FSB) in Salt Lake City, Utah.

(27) On or about August 9, 1994, defendant THOMAS K. WELCH caused an SLBC employee to issue a $9,975 check payable to FSB for Jean Claude Ganga and deposit the check into Ganga's bank account at FSB.

(28) On or about October 10, 1994, defendant THOMAS K. WELCH caused an SLBC employee to issue a $10,000 check payable to FSB for Jean Claude Ganga to fly round-trip from Brazzaville, Congo to Hiroshima, Japan and to deposit the check into Ganga's bank account at FSB.

(29) On or about December 9, 1994, defendant THOMAS K. WELCH H caused an SLBC employee to issue a $10,010 check payable to FSB for Jean Claude Ganga, deposit the check into to Ganga's FSB bank account, and record the payment to the Outbound Airfare account on the books and records of the SLBC.

(30) On or about January 20, 1995, defendant DAVID R. JOHNSON caused an SLBC employee to issue a $20,000 check payable to FSB for Jean Claude Ganga and deposit the check into Ganga's bank account at FSB.

(31) In or about February 1995, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to use donated airline tickets for Jean Claude Ganga and his relatives to fly round-trip from Brazzaville, Congo to Salt Lake City, Utah, in part for the purpose of providing medical treatments for Ganga's mother-in-law.

(32) On or about March 27, 1995, defendant THOMAS K. WELCH caused an SLBC employee to issue a $30,000 check payable to FSB for Jean Claude Ganga and deposit the check into Ganga's bank account at FSB.

(33) In or about August 1995, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLOC to use donated airline tickets for Jean Claude Ganga and his designees to fly roundtrip from Brazzaville, Congo to Salt Lake City, Utah, in part so that Ganga could buy real estate in Salt Lake City.

(34) Between on or about October 31, 1995 and on or about May 15, 1996, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLOC to issue a series of checks totaling $32,837.85 to pay the travel expenses of Jean Claude Ganga and his designees.

Overt Acts Intended to Influence IOC Member Bashir Attarabulsi:

(35) Between on or about June 16,1994 and October 21, 1998, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to make payments, directly and indirectly, to the son of IOC member Bashir Attarabulsi which totaled more than $60,000 for spending money, gifts and housing, food and tuition at Brigham Young University in Provo, Utah, Salt Lake Community College in Salt Lake City, Utah, and Utah Valley State Community College in Orem, Utah.

(36) On or about December 9, 1994, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to issue a $7,500 check payable to FSB for Bashir Attarabulsi and record the payment to the Outbound Airfare account on the books and records of the SLBC in order to disguise the true nature and purpose of the payment.

(37) On or about May 16, 1995, defendant THOMAS K. WELCH caused an SLBC employee to send United States visa applications to Bashir Attarabulsi in London, England in preparation for a trip for Attarabulsi and his relatives from Libya to the United States to visit Salt Lake City, Utah, Jackson Hole, Wyoming and Disneyland in Anaheim, California.

(38) On or about August 27, 1995, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLOC to issue a check which paid a portion of the approximately $22,000 in travel expenses for the trip described in overt act (37).

Overt Acts Intended to Influence IOC Member Charles Mukora:

(39) In or about April 1991, defendant THOMAS K. WELCH caused the SLBC to enter into a consulting agreement with IOC member Charles Mukora.

(40) On or about April 25, 1991, defendant THOMAS K. WELCH caused the SLBC to issue a $1,500 check payable to an intermediary in partial payment to Charles Mukora.

(41) On or about April 25, 1991, defendant THOMAS K. WELCH directed the intermediary to negotiate the check described in overt act (40) and deliver its full amount in cash to Charles Mukora.

(42) On or about June 14, 1991, the day before the IOC's election of the host city for the 1998 Olympic Winter Games, defendant THOMAS K. WELCH directed an officer of the SLBC to obtain and deliver 3,768 British pounds to Charles Mukora in partial payment for consulting services.

(43) On or about November 26,1993, defendant DAVID R. JOHNSON caused the SLBC to issue a $5,200 check payable to FSB to obtain a cashier's check for Charles Mukora in partial payment for consulting services.

(44) Between on or about February 2,1994 and on or about December 9,1994, defendant DAVID R. JOHNSON caused the SLBC to issue a series of checks totaling $17,450 payable to Charles Mukora and record the payments to the NOC Program account on the books and records of the SLBC in order to disguise the true nature and purpose of the payments.

(45) On or about May 5, 1995, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused SLBC to make a $ 12,000 wire transfer from Salt Lake City, Utah to the London, England bank account of Charles Mukora.

Overt Acts Intended to Influence IOC Member Zein Gadir:

(46) On or about December 3, 1993, defendant THOMAS K. WELCH caused an SLBC employee to send a letter to the son of IOC member Zein Gadir in Springfield, Missouri, offering Gadir's son money under the NOC Program.

(47) On or about February 1, 1994, the Canadian Consultant faxed to the SLBC information obtained from Zein Gadir including the number for the Springfield, Missouri bank account of Gadir's son.

(48) Between on or about May 6, 1994 and June 6, 1995, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to make a series of wire transfers totaling $14,000 from Salt Lake City, Utah to the Springfield, Missouri bank account of Zein Gadir's son, and record the payments to the NOC Program account on the books and records of the SLBC in order to disguise the true nature and purpose of the payments.

(49) In or about October 1994, the Kuwaiti Consultant faxed defendant DAVID R. JOHNSON a letter containing the number of a London, England bank account designated by-Zein Gadir.

(50) Between on or about December 6, 1994 and June 6, 1995, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to make a series of wire transfers totaling $6,000 from Salt Lake City, Utah to the London, England bank account designated by Zein Gadir, and record the payments to the NOC Program account on the books and records of the SLBC in order to disguise the true nature and purpose of the payments.

Overt Acts Intended to Influence IOC Member Un Yong Kim:

(51) In or about the summer of 1990, defendant THOMAS K. WELCH and David Simmons, the President of Keystone Communications, L.P. (Keystone), a Utah limited partnership headquartered in Salt Lake City, arranged to place Jung Hoon Kim, the son of IOC member UnYong Kim. on the payroll of Keystone's New York, New York office to assist him in obtaining lawful permanent resident status in the United States (i.e.. a green card).

(52) In or about the summer of 1990, defendant THOMAS K. WELCH had a conversation with David Simmons about efforts to influence Jung Hoon Kim's father, a prominent IOC member.

(53) In or about the summer of 1990, defendant THOMAS K. WELCH promised David Simmons that the SLBC would reimburse Keystone if Jung Hoon Kim did not generate revenue sufficient to cover the cost of his employment.

(54) Between in or about October 1990 and on or about October 15,1992, David Simmons caused Keystone to pay Jung Hoon Kim in excess of $104,000 in gross salary, despite the fact that Jung Hoon Kim ceased coming to Keystone's New York office and ceased performing work for Keystone.

(55) On or about March 12, 1992, Jung Hoon Kim obtained a Chase Manhattan Bank "official check" for $ 10,000, payable to defendant THOMAS K. WELCH, which was later provided to Keystone in reimbursement for Jung Hoon Kim's employment.

(56) On or about April 21,1992, David Simmons and Jung Hoon Kim entered into a sham consulting contract between Keystone and Komar International (Komar), a corporation controlled by Jung Hoon Kim with offices in New Jersey, under which Komar paid $30,000 to Keystone in reimbursement for Jung Hoon Kim's employment.

(57) In or about May 1992, defendant THOMAS K. WELCH caused Morris Travel, Inc. of Salt Lake City to send a $13,216.40 check, payable to "Keystone Communications or Salt Lake Winter Games," to Keystone in reimbursement for Jung Hoon Kim's employment.

(58) On or about September30, 1992, defendant THOMAS K, WELCH caused the SLBC to pay $ 15,000 to Keystone pursuant to a sham "video services" invoice in reimbursement for Jung Hoon Kim's employment.

(59) In or about September 1992, defendant THOMAS K. WELCH and David Simmons executed a sham consulting contract between the SLBC and Keystone, pursuant to which WELCH caused the SLBC to pay $30,000 to Keystone in reimbursement for Jung Hoon Kim's employment.

(60) Between in or about the second half of 1992 and in or about January 1993, defendant THOMAS K. WELCH and Jung Hoon Kim arranged a sham consulting contract between the SLBC and the Kobee Company, Inc. (Kobee), a corporation with of fices in New Jersey, pursuant to which WELCH caused the SLBC to pay $20,000 to Kobee, which funneled the payment to Keystone in reimbursement for Jung Hoon Kim's employment.

(61) Between in or about April 1992 and in or about September 1992, defendants THOMAS K. WELCH and DAVID R. JOHNSON, Jung Hoon Kim, and David Simmons caused documents to be submitted to the New York State Department of Labor, the United States Department of Labor, and the Immigration and Naturalization Service of the United States Government which falsely represented, among other things, that Jung Hoon Kim's position was a permanent, full-time, salaried position that had been open to any qualified U.S. worker.

Overt Acts Intended to Influence IOC Member Rene Essomba:

(62) On or about March 24,1992, defendant THOMAS K. WELCH faxed a letter to IOC member Rene Essomba, giving Essomba permission to cash in an airline ticket purchased for him by the SLBC for $13,163.32.

(63) On or about October 29, 1992, defendant THOMAS K. WELCH caused the SLBC to issue a $16,545 check payable to Rene Essomba to reimburse him for a trip to, among other places, Acapulco and Salt Lake City.

(64) Between on or about August 26, 1993 and November 26,1996, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC/SLOC to make payments, directly and indirectly, to Rene Essomba's daughterwhich totaled more than $100,000 for spending money, gifts, the rental of a luxury apartment in Bethesda, Maryland and tuition at American University in Washington, D.C.

(65) On about December 12, 1994, defendant THOMAS K. WELCH caused the SLBC to pay more than $20,000 for travel expenses incurred to fly Rene Essomba and his wife on a 22-day "holiday" trip to, among other places, Paris and Salt Lake City.

(66) On or about December 20,1994, defendant THOMAS K. WELCH caused the SLBC to issue a $ 15,000 check payable to Rene Essomba and record the payment to the Inbound Travel account on the books and records of the SLBC in order to disguise the true nature and purpose of

the payment.

(67) Between on or about March 28, 1995 and May 5, 1995, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to make a series of wire transfers totaling $45,000 from Salt Lake City, Utah to the Paris, France bank account of Rene Essomba.

(68) On or about June 7, 1995, defendants THOMAS K. WELCH and DAVID R JOHNSON caused the SLBC to issue a $3,459.26 check to pay for Rene Essomba's wife to fly round-trip from Cameroon to Budapest, Hungary for the IOC's election of the host city for the 2002 Olympic Winter Games.

Overt Acts Intended to Influence IOC Member Austin Sealy

(69) In or about May 1995, defendants THOMAS K. WELCH and DAVID R. JOHNSON asked Alfredo La Mont, the USOC's Director of International Relations, to assist them in secretly funneling money to IOC member Austin Sealy.

(70) On or about June 8,1995, Alfredo La Mont sent a letter to Austin Sealy offering him a $3,000 monthly retainer.

(71) On or about July 27, 1995, Alfredo La Mont faxed a letter to defendant THOMAS K. WELCH confirming their agreement to use ARCA, Inc. (ARCA), a U.S. company controlled by La Mont, to make monthly $3,000 payments to Austin Sealy.

(72) Between on or about August 8, 1995 and October 3, 1995, defendants THOMAS K WELCH and DAVID R. JOHNSON caused the SLOC to issue a series of checks totaling $12,000 payable to ARCA with the understanding that the proceeds would be given by Alfredo La Mont to Austin Sealy, although in fact La Mont ultimately gave only $3,000 to Sealy.

Overt Acts Intended to Influence IOC Member Augustin Arrovo:

(73) On or about August 4, 1992, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to issue a $586 check to pay for car repairs for the daughter of IOC member Augustin Arroyo, and record the payment to the NOC Program account on the books and records of the SLBC in order to disguise the true nature and purpose of the payment.

(74) On or about August 17, 1992, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to issue a 5701.54 check to pay an American Express card bill of

Augustin Arroyo's daughter and record the payment to the NOC Program account on the books and records of the SLBC in order to disguise the true nature and purpose of the payment.

(75) Between on or about July 12, 1993, and on or about February 1, 1994, defendant DAVID R. JOHNSON caused the SLBC to issue two checks totaling $555 to pay for a purebred retriever for Augustin Arroyo.

(76) On or about September 15,1993, defendant DAVID R. JOHNSON caused the SLBC to issue a $3,000 check payable to FSB for Augustin Arroyo and record the payment to the NOC Program account on the books and records of the SLBC in order to disguise the true nature and purpose of the payment.

(77) On or about December 13, 1994, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to pay $6,991.42 for a two-week stay at a condominium at Deer Valley Ski Resort for Augustin Arroyo's family.

(78) On or about May 23, 1995, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to issue a $2,500 check payable to Augustin Arroyo's daughter to pay for her personal expenses, and record the payment to the NOC Program account on the books and records of the SLBC in order to disguise the true nature and purpose of the payment.

Overt Acts Intended to Influence IOC Member Slobodon Filopovic:

(79) On or about April 26,1991, defendant THOMAS K. WELCH caused an intermediary to send a letter to IOC member Slobodan Filopovic falsely representing that the intermediary's law firm had a "client" who was willing to pay Filopovic $ 1,200 for information on foreign investments and steel production in Yugoslavia.

(80) On or about June 14, 1991, defendant DAVID R. JOHNSON gave the intermediary an invoice from the law firm of Golubovic & Filopovic which billed the intermediary's law firrn $1,200, purportedly for information on foreign investments and steel production in Yugoslavia.

(81) On or about June 14, 1991, the day before the IOC's election of the host city for the 1998 Olympic Winter Games, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to pay in cash an amount in foreign currency equivalent to $ 1,200 to Slobodan Filopovic.

Overt Acts Intended to Influence IOC Member David Sibandze:

(82) Between on or about October 7, 1991 and on or about May 15, 1996, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to make payments, directly and indirectly, to the son of IOC member David Sibandze, which totaled more than $97,000 for spending money, gifts and housing, food and tuition at the University of Utah in Salt Lake City, Utah.

Overt Acts Intended to Influence IOC Member Lamine Keita:

(83) Between on or about August 26,1993 and February 18,1997, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to make payments, directly and indirectly, to the son of IOC member Lamine Keita, which totaled more than $107,000 for spending money, gifts and housing, food, and tuition at Howard University in Washington, D.C.

Overt Acts Intended to Influence IOC Member Pirjo Haggman:

(84) On or about October 20,1993, defendant THOMAS K. WELCH caused to be placed on the SLBC's books and records a sham memorandum concerning the payment of fees by a Utah engineering firm to the husband of IOC member Pirjo Haggman.

(85) In or about July 1994, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused to be placed on the SLBC's books and records a sham consulting contract pursuant to which the SLBC agreed to make payments to Pirjo Haggman's husband.

(86) Between on or about May 4, 1994 and January 6, 1995, pursuant to the sham

consulting contract described in overt act (85), defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to make a series of wire transfers totaling $33,750 from Salt Lake City, Utah to the bank account in Finland of Pirjo Haggman's husband.

Overt Acts Intended to Influence IOC Member Guirandou N'Daiye:

(87) On or about May 5, 1995, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to issue a $5,000 check payable to IOC member Guirandou N'Daiye, and record the payment to the Inbound Travel account on the books and records of the SLBC in order to disguise the true nature and purpose of the payment.

(88) On or about June 7, 1995, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to issue a $3,314.22 check to fly Guirandou N'Daiye's wife roundtrip from the Ivory Coast to Budapest, Hungary for the IOC's election of the host city for the 2002 Olympic Winter Games.

Overt Acts Intended to Influence IOC Member Anton Geesink:

(89) On or about March 29, 1995, defendant THOMAS K. WELCH wrote a $5,000 personal check payable to the Anton Geesink Foundation, a foundation controlled by IOC member Anton Geesink.

(90) On or about April 1, 1995, defendant THOMAS K. WELCH directed an officer of the SLBC to issue a $5,000 SLBC check payable to WELCH in reimbursement for the $5,000 donation to the Anton Geesink Foundation described in overt act (89), and record the payment to the NOC Program account on the books and records of he SLBC in order to disguise the true nature and purpose of the payment.

(91) On or about one year later, defendant THOMAS K. WELCH caused an SLBC employee to order WELCH's bank to stop payment on his personal check described in overt act (89) when it was presented for payment.

Overt Acts Intended to Influence IOC Member Sergio Santander-Fantini:

(92) On or about December 10,1993, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to issue a $4,825 check payable to FSB for the purpose of a wire transfer to the bank account in Chile of IOC member Sergio Santander-Fantini to pay expenses related to Santander-Fantini's mayoral campaign, and record the payment to the NOC Program account on the books and records of the SLBC in order to disguise the true nature and purpose of the payment.

(93) On or about January 18, 1994, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC to issue a $15,225 check payable to FSB for the purpose of a wire transfer to the bank account in Chile of Sergio Santander-Fantini to pay expenses related to SantanderFantini's mayoral campaign, and record the payment to the NOC Program account on the books and records of the SLBC in order to disguise the true nature and purpose of the payment.

Other Overt Acts Relating to the SLBC/SLOC's Activities:

(94) On or about July 12, 1994, defendant THOMAS K. WELCH undertook in writing, on behalf of the SLBC, to abide by the provisions of the Olympic Charter and to act in accord with the IOC's instructions to candidate cities bidding to host the 2002 Olympic Winter Games.

(95) In or about March 1995 defendant THOMAS K.WELCH provided false and misleading information to a lawyer representing the SLBC about benefits which the SLBC conferred upon IOC members, including the false representation that the total value of gifts for individual IOC members in no case had exceeded $250.

(96) In or about May 1995, defendants THOMAS K. WELCH and DAVID R. JOHNSON reviewed and caused to be submitted to FSB a budget in support of an application to obtain a $25 million line of credit which included a false and misleading description of the NOC Program.

(97) In or about May 1996, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused the SLBC/SLOC to prepare documents, which they knew would be publicly available, which failed to disclose material information about the SLBC/SLOC's income and expenditures.

(98) On or about June 6, 1996, defendants THOMAS K. WELCH and DAVID R. JOHNSON caused to be prepared and distributed to the Executive Committee an SLOC budget which contained false and misleading information about expenditures made under the category of NOC Relations.

All in violation of Title 18, United States Code, Section 371.

COUNTS 2 through 5

(18 U.S.C. 1952 and 2 - Travel Act)

1 . The allegations contained in Paragraphs 1 through 18 of Count One of this Indictment are realleged as though fully set forth herein.

2. On or about the date of each count listed below, in the District of Utah and elsewhere, defendantsTHOMAS K. WELCH and DAVID R. JOHNSON aided and abetted by each other did travel in interstate and foreign commerce and use and cause to be used a facility in interstate and foreign commerce as described below, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of an unlawful activity, to wit: bribery of various IOC members in violation of Title 76, Utah Criminal Code, Section 76-6-508; and thereafter performed and attempted to perform and caused the performance of and attempted performance of an act to promote, manage, establish and carry on, and to facilitate the promotion, management, establishment and carrying on of said unlawful activity.

COUNT DATE FACILITY FROM/TO

2 May 5, 1995 Wire transfer of $12,000 to Charles Mukora Salt Lake City, Utah to London, England.

3 May 5, 1995 Wire transfer of $1,000 to Zein Gadir Salt Lake City, Utah to London, England.

4 May 5, 1995 Wire transfer of $15,000 to Rene Essomba Salt Lake City, Utah to Paris, France.

5 July 27, 1995 Letter faxed from Alfredo La Mont to defendant THOMAS K. WELCH Colorado Springs, Colo. to Salt Lake City, Utah

All in violation of Title 18, United States Code, Sections 1952(a)(3) and 2.

COUNTS 6 through 10

(18 U.S.C. 1341,1346 and 2 - Mail Fraud and Honest Services Fraud)

1. The allegations contained in Paragraphs 1 through 18 of Count One ofthis Indictment are realleged as though fully set forth herein.

The Scheme to Defraud:

2. From in or about February 1988, the exact date being unknown to the Grand Jury, and continuing through in or about December 1998, in the District of Utah and elsewhere, defendants THOMAS K. WELCH and DAVID R. JOHNSON and others known and unknown to the Grand Jury, devised and intended to devise a scheme and artifice to defraud the Salt Lake City Bid Committee for the Olympic Winter Games (SLBC) and the Salt Lake Organizing Committee for the 2002 Olympic Winter Games (SLOC) and to obtain their money and property by means of material false and fraudulent pretenses, representations, and promises, and to deprive the SLBC and the SLOC of their intangible right to the honest services of the defendants and others.

Manner and Means of the Scheme:

3. The allegations contained in Paragraphs 21 through 29 of Count One of this Indictment are realleged as though fully set forth herein as constituting the manner and means employed by the defendants and others.

Execution of the Scheme:

4. On or about the date of each count listed below, in the District of Utah and elsewhere, defendants THOMAS K. WELCH and DAVID R. JOHNSON, aided and abetted by each other, for the purpose of executing and attempting to execute the above-described scheme and artifice to defraud and deprive and attempting to do so, placed and caused to be placed in a post office and an authorized depository for mail to be sent and delivered by the United States Postal Service, and deposited and caused to be deposited to be sent and delivered by a private and commercial interstate carrier, the matters and things listed below:

Count Date Origin Destination Description

6 5/9/95 Salt Lake City, Utah Bethesda, Md. $1,165 check payable to Fairmont Plaza for the apartment

lease of Rene Essomba's daughter

7 8/8/95 Salt Lake City, Utah Colorado Springs, Colo. $3,000 check payable to ARCA for the benefit of Austin Sealy

8 7/21/95 Salt Lake City, Utah Washington, D.C. $5,998 check payable to Howard University for tuition of

Lamine Keita's son

9 11/29/95 Salt Lake City, Utah Washington, D.C. $9,122 check payable to American University for the tuition of

Renee Essomba's daughter

10 4/15/96 Salt Lake City, Utay Washington, D.C. $8,557.50 check payable to American University for the tuition

of Renee Essomba's daughter

All in violation of Title 18, United States Code, Sections 1341, 1346 and 2.

COUNTS 11 though 15

(18 U.S.C. 1343. 1346 and 2 - Wire Fraud and Honest Services Fraud)

1. The allegations contained in Paragraphs 1 through 18 of Count One ofthis Indictment are realleged as though fully set forth herein.

The Scheme to Defraud:

2. From in or about February 1988, the exact date being unknown to the Grand Jury, and continuing through in or about December 1998, in the District of Utah and elsewhere, defendants THOMAS K. WELCH and DAVID R. JOHNSON and others known and unknown to the Grand Jury, devised and intended to devise a scheme and artifice to defraud the Salt Lake City Bid Committee for the Olympic Winter Games (SLBC) and the Salt Lake Organizing Committee for the 2002 Olympic Winter Games (SLOC) and to obtain their money and property by means of material false and fraudulent pretenses, representations, and promises, and to deprive the SLBC and the SLOC of their intangible right to the honest services of the defendants and others.

Manner and Means of the Scheme:

3. The allegations contained in Paragraphs 21 through 29 of Count One of this Indictment are realleged as though fully set forth herein as constituting the manner and means employed by the defendants and others.

Execution of the Scheme:

4. On or about the date of each count listed below, in the District of Utah and elsewhere, defendants THOMAS K. WELCH and DAVID R. JOHNSON, aided and abetted by each other, for the purpose of executing and attempting to execute the above-described scheme and artifice to defraud and deprive and attempting to do so, transmitted and caused to be transmitted by means of wire communications in interstate and foreign commerce, certain writings, signals and sounds listed below:

Count Date Origin Destination Description

11 5/5/95 Salt Lake City, Utah Paris, France $15,000 wire transfer to Rene Essomba

12 5/5/95 Salt Lake City, Utah London, England $12,000 wire transfer to Charles Mukora

13 6/6/95 Salt Lake City, Utah London, England $1,000 wire transfer to Zein Gadir

14 6/6/95 Salt Lake City, Utah Springfield, Missouri $1,000 wire transfer to Zein Gadir's son

15 7/27/95 Colorado Springs, Colo. Salt Lake City, Utah letter faxed from Alfredo La Mont to defendant Thomas K. Welch

All in violation of Title 18, United States Code, Sections 1343, 1346 and 2

DATED: JULY 20, 2000

JOSHUA R. HOCHBERG

Chief, Fraud Section

Criminal Division

United States Department of Justice

Acting United States Attorney

District of Utah

By:

RICHARD N. WIEDIS

Senior Trial Attorney

Fraud Section

Criminal Division

United States Department of Justice

(801) 579-4675

(202) 514-7038