United States v. Hardin, No. 16-1229 (10th Cir. 2017)Annotate this Case
Defendant Kenneth Hardin was the senior manager of the Civil Rights Division for the Regional Transportation District in Colorado (RTD). Lucilious Ward was the owner–operator of a busing company that had been certified as a Disadvantaged Business Enterprise and Small Business Enterprise. Ward was also a manufacturing representative for a Chinese manufacturer of automobiles and rechargeable batteries. In 2008, Ward’s busing company contracted with RTD as a service provider for a program that provided local bus transportation in Denver for people with disabilities. From that point on, Ward paid Defendant monthly bribes in exchange for his help. When the "Access-a-Ride" contract expired in 2014 and Ward received his final check, Defendant called Ward to request an additional, final payment of $1,100. Unbeknownst to Defendant, Ward had pled guilty to tax evasion. Hoping to receive a reduced sentence in his tax case, Ward relayed Defendant’s request to the Federal Bureau of Investigation, which began using him as a confidential informant to investigate Defendant for bribery. Defendant was indicted on four counts relating to committing bribery involving a program that receives federal funds. The four counts correlated to four meetings he had with Ward about RTD’s request for proposal for a shuttle-bus contract. Count 1 charged Defendant with accepting a bribe of $1,100; he was acquitted on this count. However, the jury found Defendant guilty as to Counts 2–4, which were based on Ward’s bribes relating to the proposed shuttle-bus contract. After return of the guilty verdicts, Defendant moved for a judgment of acquittal, arguing that, because of his acquittal on Count 1, the government had not shown that the bribes he solicited met the $5,000 threshold set by statute. The district court denied Defendant’s motion, holding that the jury could reasonably have concluded that the bribes were intended to influence the selection of bids for the shuttle-bus contract and that the value of this contract exceeded $5,000. Defendant timely appealed.