A unanimous panel of the Tenth Circuit held that the government violated 18 U.S.C. § 201(c)(2), which punishes “[w]hoever . . . gives, offers, or promises anything of value to any person for or because of” that person’s testimony, by entering into a nonprosecution and leniency agreement with a cooperating coconspirator. The court en banc subsequently reversed the panel, holding that the word “whoever” in the statute does not include prosecutors acting as the “alter ego” of the United States exercising its sovereign power of prosecution.