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conclude that such payments were not attributable to them, it
follows that such payments or portions thereof are attributable
to the entities that received the payments.
A. The Transactions
We begin by examining the transactions at issue.
1. The Hyatt Payments
In a joint venture with others, Prudential built the
Embarcadero Hotel and sought a management company to operate it.
Originally, only Webb and Intercontinental were considered for
the management contract on the hotel. Although Hyatt had
successfully negotiated the management contract for the Houston
Hyatt Hotel, in which Prudential was involved, Lisle was not
interested in having Hyatt bid on the management contract for the
Embarcadero Hotel. Pritzker offered to pay 10 percent of the
management fees to Weaver if he could get Prudential to award the
contract to Hyatt. Weaver then convinced Lisle to allow Hyatt to
bid on the contract.
Representatives of the hotel's owners, including Lisle and
Ballard representing Prudential, then met with Webb and Pritzker
to obtain bids on the management contract. Apparently, since
Intercontinental was not represented at the meeting,
Intercontinental either withdrew or was eliminated from
consideration prior to the meeting. Webb refused to submit a bid
at the meeting because he thought he had previously been promised
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