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behalf of Miller-Senate (the cash payment).3 The cash payments
were placed in envelopes with the name "Welker" on them, and Mr.
Welker received them when he arrived at Brockland Pontiac to pick
up the papers for the high risk loans.
Mr. Welker never thanked Bob Brockland for any of the cash
payments, and Mr. Welker never was surprised that he received
$100 in cash for each loan he approved. Bob Brockland did not
consider the cash payments to Mr. Welker to be gifts from
Brockland Pontiac; instead, he thought they were fees which were
a cost of doing business.
Mr. Welker received the following amounts from Brockland
Pontiac as a result of his purchase of high risk loans on behalf
of Miller-Senate:4
Year Amount
1984 $14,209
1985 29,400
1986 31,697
1987 21,900
Mr. Welker did not keep any records of the cash payments he
received from Brockland Pontiac.
3 We note that some of the first few payments were $50 in
cash rather than $100. We use $100 as the amount of the cash
payment throughout the opinion for convenience only.
4 Neither party explained why the total for 1984 or 1986 is
not divisible by 50 or 100.
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