Judge: Both agree on $5000. I think the evidence that it was a bribe is insufficient. Allen and Kott were close friends and Allen admired Kott’s work ethic. To Allen, $5000 is not very much money, so he literally probably didn’t care if he didn’t get it back. To Kott, it was fairly significant. Probably he did think of it as a loan. This explanation is just as persuasive as the argument it’s a bribe. But I will keep the $5000 in the calculation of the value.
Lisa didn't hear that and thought the $5000 would be excluded. She has the audio from today and she'll check on that. She's younger and her ears are better, so I probably got that wrong.
If the $5000 were included, it would bump it up to a higher bracket. Right now it is in the $10,000 - $30,000 bracket. That would add points to the sentencing formula. But they already went a little above the formula so it probably wouldn't matter at this point.
[Lisa emailed that the judge said $5000 would NOT be included.]
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