850 F. Supp. 1481 (1994) UNITED STATES of America, Plaintiff, v. Mark M. JACKSON, and Robert Martinez, Jr., Defendants. Nos. 94-40001-01-SAC, 94-40001-02-SAC. United States District Court, D. Kansas. March 30, 1994. *1482 *1483 *1484 *1485 *1486 *1487 *1488 *1489 *1490 Thomas J. Bath, Jr., James L. Eisenbrandt, Bryan Cave, Overland Park, KS, for defendant Mark M. Jackson. Thomas M. Bradshaw, Daniel O. Herrington, Armstrong, Teasdale, Schlafly & Davis, Kansas City, MO, for defendant Robert Martinez, Jr. Richard L. Hathaway, Office of U.S. Atty., Topeka, KS, for plaintiff U.S. MEMORANDUM AND ORDER CROW, District Judge. This is a criminal case in which the defendants are charged by a thirty-two count indictment for their association and conduct with Parkview Hospital (Parkview), a private, for profit psychiatric hospital in Topeka, Kansas. The defendant Mark Jackson worked as the administrator for Parkview while Robert Martinez was under contract to assist with Parkview's marketing efforts. The indictment alleges that Jackson and Martinez bribed Louis Albert Garcia, an employee with the United States Postal Service (Postal Service), to refer patients to Parkview. Louis Garcia was an employee assistance counselor with the Postal Service and provided assessment, referral, and counseling services for Postal Service employees and family members having chemical dependency or behavioral problems. Count one charges both defendants with conspiring to defraud the United States of the faithful services of its employee Louis Garcia, in violation of 18 U.S.C. § 371. According to the indictment, the defendant Martinez asked Louis Garcia in October of 1990 to meet with the defendant Jackson. On November 9, 1990, the three met in Topeka, Kansas, and Jackson offered Garcia a monthly payment of $3,000 in return for referrals. Jackson advised that their arrangement would be documented as a consulting agreement and that Garcia would visit Topeka periodically to give the impression of performing training services. From November of 1990 to December 1991, Garcia referred forty-three patients to Parkview. For each monthly payment to Garcia, both defendants are also charged with two counts. The even-numbered counts from two through thirty charge the defendants with bribery of Garcia in giving something of value in order to influence Garcia's official acts, in violation of 18 U.S.C. § 201(b)(1)(A). The odd-numbered counts from three through thirty-one charge the defendants with aiding and abetting Louis Garcia in the supplementation of his federal salary, in violation of 18 U.S.C. §§ 2 and 209. Count thirty-two charges that the defendants endeavored to obstruct and impede the federal grand jury investigation by advising Garcia to testify falsely that the payments were made as lawful compensation for consulting services, in violation of 18 U.S.C. § 1503. MOTIONS TO SEVER (Dks. 24 and 34). The defendant Martinez moves to sever (Dk. 24) arguing that certain evidence admissible only against Jackson would be highly prejudicial to Martinez in a joint trial. Such evidence includes the testimony of Beverly Rice, a Parkview administrative assistant, that Jackson dictated several letters to Garcia in December of 1990 thanking him for his marketing and training efforts and that Jackson directed her to backdate the letters to make it appear as if they were written over a one-year period. The defendant Martinez contends the letters are not admissible against him because he did not dictate, write, or prepare them. The defendant Martinez believes the jury will be unable to compartmentalize this evidence and consider it only against Jackson. The defendant Jackson moves to sever (Dk. 34) making the same argument that evidence admissible only against Martinez would be unfairly prejudicial to Jackson in a joint trial. In May of 1990, Louis Garcia entered into a consulting agreement with Bowling Green Hospital, a psychiatric and substance abuse treatment center in Houston, Texas, and received monthly payments of $2500. Robert Martinez worked in the marketing department of Bowling Green Hospital and, according to Garcia, threatened *1491 Garcia with telling the Postal Service about the agreement unless he referred patients. The defendant Jackson also argues that Garcia's testimony in many instances inculpates Jackson even though the statements are attributed solely to Martinez. Jackson believes this presents Bruton problems curable only through separate trials. Rule 8 of the Federal Rules of Criminal Procedure provides that "two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transactions constituting an offense or offenses." The defendants here do not argue they were joined improperly under Rule 8. Even if joinder is proper under Rule 8, severance is possible under Rule 14 when a defendant or the government would be prejudiced. Zafiro v. United States, ___ U.S. ___, 113 S. Ct. 933, 122 L. Ed. 2d 317, 324 (1993). Rule 14 of the Federal Rules of Criminal Procedure provides in pertinent part: If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance or provide whatever other relief justice requires ... In deciding a motion to sever, the district court must "weigh the prejudice resulting from a single trial of counts against the expense and inconvenience of separate trials." United States v. Hollis 971 F.2d 1441, 1456 (10th Cir.1992) (citation omitted), cert. denied, ___ U.S. ___, 113 S. Ct. 1580, 123 L. Ed. 2d 148 (1993). Because severance is a matter of judicial discretion and not a right of the parties, the defendant must carry "`a heavy burden of showing real prejudice to his case.'" United States v. McConnell, 749 F.2d 1441, 1444 (10th Cir.1984) (quoting United States v. Petersen, 611 F.2d 1313, 1331 (10th Cir.), cert. denied, 447 U.S. 905, 100 S. Ct. 2985, 2986, 64 L. Ed. 2d 854 (1979)). "The Supreme Court has emphasized that trial courts have `a continuing duty at all stages of the trial to grant a severance if prejudice does appear.'" United States v. Peveto, 881 F.2d 844, 857 (10th Cir.), cert. denied, 493 U.S. 943, 110 S. Ct. 348, 107 L. Ed. 2d 336 (1989) (quoting Schaffer v. United States, 362 U.S. 511, 80 S. Ct. 945, 4 L. Ed. 2d 921 (1960)). The federal criminal justice system prefers and values joint trials. Zafiro, ___ U.S. ___, 113 S. Ct. 933, 122 sanfordrebecca@example.net. Joint trials promote economy and efficiency and "serve the interests of justice by avoiding the scandal and inequity of inconsistent trials." Richardson v. Marsh, 481 U.S. 200, 209, 107 S. Ct. 1702, 1708, 95 L. Ed. 2d 176 (1987). These interests are most apparent when co-defendants are jointly indicted and face common conspiracy charges. See United States v. Jenkins, 904 F.2d 549, 557 (10th Cir.), cert. denied, 498 U.S. 962, 111 S. Ct. 395, 112 L. Ed. 2d 404 (1990). Consequently, "[c]ourts generally adhere to the principle that `those indicted together, especially co-conspirators, should be tried together.'" Peveto, 881 F.2d at 857 n. 16 (quoting 8 J. Moore, W. Taggert & J. Wicker, Moore's Federal Practice ¶ 14.05, p. 14-82 (2 ed. 1989)); United States v. Petersen, 611 F.2d at 1332 ("`[m]utual participation of defendants in an offense or series of offenses is considered a logical, basic ground for refusing to grant a motion to sever'") (quoting United States v. Riebold, 557 F.2d 697 (10th Cir.), cert. denied, 434 U.S. 860, 98 S. Ct. 186, 54 L. Ed. 2d 133 (1977)). "In the context of conspiracy, severance will rarely, if ever, be required." United States v. Searing, 984 F.2d 960, 965 (8th Cir.1993) (citation omitted). Joint trials "reduce the chance that each defendant will try to create a reasonable doubt by blaming an absent colleague" and provide "the jury the best perspective on all of the evidence and therefore increases the likelihood of a correct outcome." United States v. Buljubasic, 808 F.2d 1260, 1263 (7th Cir.), cert. denied, 484 U.S. 815, 108 S. Ct. 67, 98 L. Ed. 2d 31 (1987) (citations omitted). The Supreme Court recently summarized the law on severance under Rule 14 and identified certain relevant circumstances and their relative weight in deciding a request to sever: *1492 We believe that, when defendants properly have been joined under Rule 8(b), a district court should grant a severance under Rule 14 only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence. Such a risk might occur when evidence that the jury should not consider against a defendant and that would not be admissible if a defendant were tried alone is admitted against a codefendant. For example, evidence of a codefendant's wrongdoing in some circumstances erroneously could lead a jury to conclude that a defendant was guilty. When many defendants are tried together in a complex case and they have markedly different degrees of culpability, this risk of prejudice is heightened. See Kotteakos v. United States, 328 U.S. 750, 774-775, 90 L. Ed. 1557, 66 S. Ct. 1239 [1252-1253] (1946). Evidence that is probative of a defendant's guilt but technically admissible only against a codefendant also might present a risk of prejudice. See Bruton v. United States, 391 U.S. 123, 20 L. Ed. 2d 476, 88 S. Ct. 1620 (1968). Conversely, a defendant might suffer prejudice if essential exculpatory evidence that would be available to a defendant tried alone were unavailable in a joint trial. See, e.g., Tifford v. Wainwright, 588 F.2d 954 (5th Cir.1979) (per curiam). The risk of prejudice will vary with the facts in each case, and district courts may find prejudice in situations not discussed here. When risk of prejudice is high, a district court is more likely to determine that separate trials are necessary, but, as we indicated in Richardson v. Marsh, less drastic measures, such as limiting instructions, often will suffice to cure any risk of prejudice. See 481 U.S. at 211 [107 S.Ct. at 1709]. Zafiro, ___ U.S. ___, 113 S. Ct. 933, 122 sanfordrebecca@example.net. Even upon a showing of some risk of prejudice, the trial court is not required to sever for it retains the discretion to create a remedy which should abate that risk. Id. Going to the defendants' specific arguments of prejudice, the court finds that they are not sufficient, individually or together, to require separate trials. The possible "spillover effect" of damaging evidence against the codefendant does not compel a severance. United States v. Cardall, 885 F.2d 656, 668 (10th Cir.1989). Nor is it sufficient to contend that separate trials would mean a better chance for acquittal. Peveto, 881 sanfordrebecca@example.net. The fact that a defendant's involvement is unique or limited to certain aspects of the alleged conspiracy is not a circumstance that requires severance. See Cardall, 885 sanfordrebecca@example.net. "`[E]vidence of prior criminal offenses of one defendant does not prejudice his co-defendants to the level requiring severance.'" United States v. Mason, 982 F.2d 325, 327 (8th Cir.1993) (quoting United States v. Robinson, 774 F.2d 261, 267 (8th Cir.1985)). Speculation about spillover does not overcome the dual presumption that a jury will abide by the court's instruction to consider each defendant separately and will capably sort out the evidence. United States v. Lopez, 6 F.3d 1281, 1286 (7th Cir.1993). The denial of severance is entirely proper when it is alleged that the defendants are all members of the same conspiracy "and, as such, the acts of one ... [are] attributable to the others." See Petersen, 611 sanfordrebecca@example.net. The defendants have not demonstrated real prejudice in the form of the jury's inability to compartmentalize the evidence or the court's inability to control the evidence and arguments. At this point, the court believes any potential for prejudice here can be effectively addressed by instructions informing the jury that the charges and evidence shall be considered individually against each defendant, that the evidence admitted against only one defendant shall not be considered against another defendant, and that no inferences should be drawn from a defendant's exercise of the right to silence. See Zafiro, ___ U.S. ___, 113 S. Ct. 933, 122 sanfordrebecca@example.net. As for the introduction of incriminating statements by other defendants, "Bruton, ..., does not hold that defendants in joint trials involving Bruton problems are entitled to separate trials." United States v. Hill, 901 F.2d 880, 883 (10th Cir.1990). Bruton *1493 problems, however, are avoided with a severance, but this is not a step required by Bruton. Id. The defendants have not demonstrated that the redaction of any offending references and the use of limiting instructions would be ineffective. See Richardson v. Marsh, 481 U.S. at 211, 107 S. Ct. at 1709. "Severance is required `only where admission of the statement in its edited form distorts the meaning of the statement or excludes information substantially exculpatory of the declarant.'" United States v. Comeaux, 955 F.2d 586, 590 (8th Cir.) (quoting United States v. Long, 900 F.2d 1270, 1279 (8th Cir.1990)), cert. denied, ___ U.S. ___, 113 S. Ct. 135, 121 L. Ed. 2d 89 (1992). Most, if not all, of the referenced statements, arguably, may be admissible against each defendant as a statement of a co-conspirator made in furtherance of a conspiracy under Fed. R.Evid. 801(d)(2)(E).[1]See United States v. Carrazana, 921 F.2d 1557, 1567 (11th Cir.), cert. denied, ___ U.S. ___, 112 S. Ct. 191, 116 L. Ed. 2d 152 (1991). Consequently, the statements would be admissible in separate trials. See United States v. Ras, 713 F.2d 311, 315 (7th Cir.1983). The burden rests with the defendants to make a strong showing of prejudice and demonstrate that they would be denied a fair trial. A finding of prejudice may not be based on conjecture. U.S. v. Dickey, 736 F.2d 571, 590 (10th Cir.), cert. denied, 469 U.S. 876, 105 S. Ct. 240, 83 L. Ed. 2d 179 (1984). At this time, the defendants have not established the serious prejudice necessary for this court to conduct separate trials. JOINT MOTION TO COMPEL NOTICE AND DISCLOSURE OF RULE 404(B) EVIDENCE (Dk. 26). The defendants seek an order compelling the United States to provide at least thirty days before trial notice and disclosure of the nature of any evidence of other crimes, wrongs or acts it intends to introduce at trial in its case-in-chief, for impeachment, or for possible rebuttal pursuant to Rule 404(b). The government objects to placing itself in "the impossible position of speculating about" possible impeachment or rebuttal evidence. At the hearing, the government represented that the arrangement between Louis Garcia and Bowling Green Hospital is the only evidence the government intends to use that arguably falls under Rule 404(b). The pretrial notice requirement was recently added and became effective December 1, 1991. It was "intended to reduce surprise and promote early resolution of the issue of admissibility." Fed.R.Evid. 404(b) Advisory Notes to 1991 Amendment. The Notes also indicate that the notice need not take a specific form and need only inform the defendant of the "general nature of the evidence of extrinsic acts." Id. The notice "need not provide precise details regarding the date, time, and place of the prior acts," but it must characterize the prior conduct to a degree that fairly apprises the defendant of its general nature. United States v. Long, 814 F. Supp. 72, 74 (D.Kan.1993). The notice requirement "is not a tool for open ended discovery." United States v. Sims, 808 *1494 F.Supp. 607, 610-11 (N.D.Ill.1992). Nor does it require the government to produce documents or specific evidence from which the government has learned or will introduce the bad acts. United States v. Williams, 792 F. Supp. 1120, 1134 (S.D.Ind.1992); see United States v. Alex, 791 F. Supp. 723, 728 (N.D.Ill.1992) (Defendant's "demand for specific evidentiary detail including dates, times, places and persons involved is wholly overbroad.") Finally, the Advisory Notes make clear that the prosecution must "provide notice, regardless of how it intends to use the extrinsic act evidence at trial, i.e., during its case-in-chief, for impeachment or for possible rebuttal." If it has not done so already, the government is ordered to comply with the notice requirement of Rule 404(b) as interpreted above. The court grants the defendants' motion for disclosure at least thirty days prior to trial. JOINT MOTION TO DISMISS (Dk. 28). Pursuant to Rule 12(b) of the Federal Rules of Criminal Procedure, the defendants move to dismiss some or all of the counts on the following grounds: (1) The charge of supplementing a government employees' salary, 18 U.S.C. § 209, is a lesser included offense of bribing a government employee, 18 U.S.C. § 201(b)(1)(A); (2) The indictment fails to state an offense of violating 18 U.S.C. § 209; (3) Count one improperly charges a conspiracy to violate a postal service code of conduct; (4) Counts one through thirty-one are multiplicitous because they charge defendants with conspiring to bribe a government employee thirty one times; (5) Count one charges defendants under the "defraud" clause of the general conspiracy statue when the conspiracy alleged should be charged under the "offense" clause; (6) Count thirty-two of the indictment improperly charges witness tampering under 18 U.S.C. § 1503; and (7) Garcia's employment as a postal service employee does not satisfy the "public official" requirement of 18 U.S.C. § 201. The court will take up these arguments seriatim. 1. Each count of aiding and abetting unlawful salary supplementation should be dismissed as constituting a lesser included offense of bribery. The defendants argue that the crime of supplementing the salary of a government employee, 18 U.S.C. § 209, is a lesser included offense of bribing a government employee, 18 U.S.C. § 201(b)(1)(A). They analogize § 209 to the gratuity statute at § 201(c) which the courts have held is a lesser included offense of bribery. See, e.g., United States v. Johnson, 647 F.2d 815, 818 (8th Cir.1981); United States v. Crutchfield, 547 F.2d 496, 500 (9th Cir.1977). They also cite United States v. Martel, 792 F.2d 630, 638 (7th Cir.1986),[2] as an instance where a § 209 instruction was given as a lesser included offense of compensating a government employee for representational services, in violation of 18 U.S.C. § 203(b). Finally, they believe there is "no realistic likelihood" that the prosecution will prove the defendants bribed Garcia and not prove the defendants supplemented his compensation. The defendants argue prejudice in charging the defendants with the greater offense and the lesser included offense in separate counts. The government succinctly responds that this very issue was settled by the Ninth Circuit in United States v. Raborn, 575 F.2d 688 (9th Cir.1978). The Supreme Court in Schmuck v. United States, 489 U.S. 705, 715-21, 109 S. Ct. 1443, 1450-53, 103 L. Ed. 2d 734 (1989), adopted the "traditional" or "elements" test[3]*1495 for deciding the issue of a lesser included offense: Under this test, one offense is not "necessarily included" in another unless the elements of the lesser offense are a subset of the elements of the charged offense. Where the lesser offense requires an element not required for the greater offense, no instruction is to be given under Rule 31(c). 489 U.S. at 716, 109 S. Ct. at 1450. This comparison of elements is made from the statutes that define the offenses and not from the conduct eventually sanfordrebecca@example.net. Id. at 716-17, 109 S. Ct. at 1450-51. The Ninth Circuit in United States v. Raborn, 575 F.2d at 691-92, employed the elements approach in holding that a § 209 offense is not a lesser included offense of a § 201(c) offense. Specifically, "§ 209 requires proof of an additional element that § 201(c) does not, namely that the public employee received salary or a supplement to salary `as compensation for services as an employee of the United States.'" 575 sanfordrebecca@example.net. The same difference exists between § 201(b)(1)(A) and § 209. Section 201(b)(1)(A) does not require proof that the public official received something of value as compensation for services as a government employee. See Raborn, 575 sanfordrebecca@example.net. Instead, § 201(b)(1)(A), as with the entire § 201, is aimed at criminalizing the giving of anything of value in exchange for certain official decisions or actions. Id.; see United States v. Muntain, 610 F.2d 964, 968 (D.C.Cir.1979); See Crandon v. United States 494 U.S. 152, 158-59, 110 S. Ct. 997, 1001-02, 108 L. Ed. 2d 132 (1990) ("While some sections [§§ 201-204] focus on bribes or compensation offered as a quid pro quo for Government acts, and apply to persons before and after commencing Government service, § 209 is a prophylactic rule that aims at the source of Government employee's compensation."). The court denies the defendants' motion to dismiss the odd-numbered counts from three through thirty-one, as the conduct prohibited by § 209 is not a lesser included offense of bribery at § 201(b)(1)(A). 2. The indictment fails to state an offense of violating 18 U.S.C. § 209. The defendants contend that none of counts alleging unlawful supplementation of a government employee's salary contains the necessary mens rea element. Each of these counts makes the same relevant allegations with the only differences being the date and the amount of payment to Garcia: That on or about ..., the defendants, ..., did aid and abet Louis Garcia, an employee of the United States Postal Service, ..., wilful receipt from a source other than the Government of the United States, the amount of ..., as a contribution to or supplementation of Garcia's salary, as compensation for Garcia's services as Employee Assistance Program counselor of the United States Postal Service. The foregoing is in violation of Title 18 United States Code, Sections 2 and 209. The defendants maintain the indictment would permit the jury to find them guilty of a felony without proof that they willfully violated § 209. "An indictment is sufficient `if it contains the elements of the offense charged, putting the defendant on fair notice of the charge against which he must defend and if it enables a defendant to assert an acquittal or conviction in order to prevent being placed in jeopardy twice for the same offense.'" United States v. Poole, 929 F.2d 1476, 1479 (10th Cir.1991) (quoting United States v. Staggs, 881 F.2d 1527, 1530 (10th Cir.1989), cert. denied, 493 U.S. 1020, 110 S. Ct. 719, 107 L. Ed. 2d 739 (1990)). In the Tenth Circuit, it is usually enough for the indictment to track the statute when the statute adequately expresses all of the elements to the offense. United States v. Dunn, 841 F.2d 1026, 1029 (10th Cir.1988). An indictment is held only to minimal constitutional standards. United States v. Edmonson, 962 F.2d 1535, 1541 (10th Cir.1992). *1496 Neither side cites direct authority on their respective positions regarding the need to allege the mental intent of the person charged with aiding and abetting. The court's independent research reveals that knowledge or willfulness need not be alleged in the indictment for aiding and abetting. In United States v. Krogstad, 576 F.2d 22, 29 (3rd Cir.1978), the court that "[w]illfulness need not be expressly stated in the indictment charging a violation of 18 U.S.C. § 2." See United States v. Garrison, 527 F.2d 998, 999 (8th Cir.1975). The court finds that the challenged counts sufficiently charge the designated offense and provide fair notice to the defendants. The court will give instructions on aiding and abetting that require the jury to find the defendants acted with the necessary knowledge and intent before returning a guilty verdict on these counts. 3. Count one improperly charges a conspiracy to violate a postal service code of conduct. Count one, in relevant part, charges the defendants with conspiring to defraud the United States "by depriving it of the faithful and honest services of its employee Louis Albert Garcia." Prior to this count, there are five paragraphs of general allegations. The defendants focus on paragraph five, which alleges: As a Postal employee Garcia was prohibited by his Code of Ethical Conduct from using his Postal Service office for private gain, and specifically, was prohibited from soliciting or receiving, directly or indirectly, any compensation from any source other than the Postal Service for any act or omission as an employee. Garcia was further prohibited from receiving compensation, payment of expense, or anything of monetary value under circumstances in which acceptance might result in, or create the appearance of, a conflict of interest. The defendants construe these allegations as meaning that the defendants are charged with violating an ethical code. The defendants alternatively contend that the jury could be confused about this reference to an ethical code, and they ask the court to strike this paragraph as surplusage. The court will address the latter point in the defendant Jackson's motion to strike. The indictment does not charge the defendants with violating the Postal Service's ethical code of conduct but with conspiring to defraud the United States of its faithful and honest services of its employee, Louis Garcia. It is well settled that 18 U.S.C. § 371 reaches such conspiracies to defraud the United States. See, e.g., Glasser v. United States, 315 U.S. 60, 64, 62 S. Ct. 457, 462, 86 L. Ed. 680 (1942); United States v. Del Toro, 513 F.2d 656, 663 (2nd Cir.), cert. denied, 423 U.S. 826, 96 S. Ct. 41, 46 L. Ed. 2d 42 (1975). Depriving the United States of one of its lawful governmental functions by dishonesty comes within the scope of defrauding under § 371. Glasser, 315 U.S. at 66, 62 S. Ct. at 463. Count one properly charges the defendants with violating 18 U.S.C. § 371 and not the Postal Service's ethical code of conduct. 4. The conspiracy, bribery and unlawful salary supplementation counts are multiplicitous because they seek multiple punishments for the same alleged conduct. The defendants contend that counts four through thirty-one should be dismissed as multiplicitous of counts two and three. The defendants point out that Garcia was paid in fifteen separate checks and that the indictment simply repeats the charges of bribery and aiding and abetting the supplementation of a government employee's salary for each check. The defendants allege the separate payments were made pursuant to a consulting agreement which called for Garcia to receive $36,000 annually for consultation and training services. The government alleges the agreement is not for consulting services but for referring patients. The defendants consider this case to be one instance of alleged bribery with the payments spread over fifteen separate occasions. The government asks the court to consider each payment to be a separate and distinct bribe, as well as supplementation of Garcia's salary. An indictment is multiplicitous when "it charges a single offense in more than one count." United States v. Haddock *1497 956 F.2d 1534, 1546 (10th Cir.), cert. denied, ___ U.S. ___, 113 S. Ct. 88, 121 L. Ed. 2d 50 (1992). Though not a fatal error for an indictment, multiplicity presents the danger of multiple sentences for one offense and the improper impression to the jury that the defendant committed more than one crime. United States v. Morehead, 959 F.2d 1489, 1504 (10th Cir.1992). The argument here is not that the same act or transaction violates two different statutes.[4] Instead, the dispute is with the government charging each successive act as a separate crime under the same statue. On such a challenge, the court must identify the unit of prosecution of the offense charged. Sanabria v. United States 437 U.S. 54, 67-70, 98 S. Ct. 2170, 2180-82, 57 L. Ed. 2d 43 (1978). "This inquiry as to what constitutes the correct unit of prosecution focuses in part on the identification of the key element of the federal offense." United States v. Esch, 832 F.2d 531, 541 (10th Cir. 1987), cert. denied, 485 U.S. 908, 108 S. Ct. 1084, 99 L. Ed. 2d 242 (1988). The court starts with deciding if the proper unit of prosecution can be determined from the language of the statute. United States v. Song, 934 F.2d 105, 108 (7th Cir.1991). "When the intent of Congress as to the unit of prosecution cannot be clearly discerned, doubt must be resolved in favor of lenity." United States v. Long, 787 F.2d 538, 539 (10th Cir. 1986). As applied, the rule of lenity prevents multiple charges from single transaction. Id. The defendants argue for the rule of lenity saying that the bribery statute and the unlawful supplementation of a federal employee's salary statute are ambiguous as to the respective units of prosecution. The government impliedly argues that the unit of prosecution for both statutes is the payment or receipt of something of value. Relying on the statute's language and certain legislative history, one court has held that the unit of prosecution is the bribe: Congress has decided that bribery and kindred practices imperil the very nature of democratic government. It has legislated a vigorous attack on those practices. The only intention we can reasonably ascribe to Congress is that bribers may be punished separately for separate acts of bribery. We note, too that courts construing other bribery laws have discarded the "installment" theory of bribery in favor of the view that each bribe warrants a separate penalty. United States v. Anderson 509 F.2d 312, 333 (D.C.Cir.1974) (footnotes omitted), cert. denied, 420 U.S. 991, 95 S. Ct. 1427, 43 L. Ed. 2d 672 (1975). The same seems to be true for a § 209 violation. "[S]ince the prohibited conduct is merely the receipt or the payment of the salary supplement, it follows that a violation of § 209(a) either is, or is not, committed at the time the payment is made." Crandon v. United States, 494 U.S. at 159, 110 S. Ct. at 1002. For both offenses, the key element is the payment or receipt, and the offense is completed each time a payment or receipt is made. Cf. United States v. Esch, 832 F.2d at 541-42 (Each photograph of a child, though taken in a single photographing session, could be properly charged as separate count of sexual exploitation of children). With each count, the government must prove some different facts. As now charged and argued by the government, this is not a case of different counts being charged on a single impulse or on separate parts of a whole payment. See United States v. Eaves, 877 F.2d 943, 947 (11th Cir.1989), cert. denied, 493 U.S. 1077, 110 S. Ct. 1129, 107 L. Ed. 2d 1035 (1990). "`If successive impulses are separately given, even though all unite in swelling a common stream of action, separate indictments lie.'" Blockburger v. United States, 284 U.S. 299, 302, 52 S. Ct. 180, 181, 76 L. Ed. 306 (1932) (quoting Wharton's Criminal Law, § 34). The court denies the defendants' motion to dismiss for multiplicity. 5. It is improper to charge defendants under the "defraud" clause of the general conspiracy statute when the government is actually charging defendants with conspiring to commit an offense against the United States. Count one charges the defendants with conspiring to defraud the United States *1498 "by depriving it of the faithful and honest services of its employee Louis Albert Garcia" in violation of 18 U.S.C. § 371. Two types of conspiracies are proscribed by the two disjunctive clauses of § 371: (1) conspiracies to commit an offense against the United States as elsewhere defined in the criminal code; and (2) conspiracies to defraud the United States. United States v. Barker Steel Co., Inc., 985 F.2d 1123, 1131 (1st Cir.1993). The defendants contend the government wrongly charged them under the defraud clause instead of the offense clause. Citing United States v. Minarik 875 F.2d 1186 (6th Cir. 1989), defendants argue that when the underlying conduct is chargeable under specific criminal provisions then the government is precluded from charging a conspiracy under the defraud clause. Courts consistently have rejected such a broad reading of Minarik. In Minarik, the Sixth Circuit held that the defendants could not be convicted on the indicted charge of conspiring to defraud the United States when the evidence showed they conspired to violate a specific statutory offense. Most courts, including the Sixth Circuit and the Tenth Circuit, have narrowly limited Minarik to its facts. See, e.g., United States v. Sileven, 985 F.2d 962, 965 (8th Cir.1993); United States v. Hurley, 957 F.2d 1, 3 (1st Cir.), cert. denied, ___ U.S. ___, 113 S. Ct. 60, 121 L. Ed. 2d 28 (1992). In United States v. Sturman, the Sixth Circuit distinguished Minarik as involving a limited conspiracy and the violation of a single specific statute. 951 F.2d 1466, 1473-74 (6th Cir. 1991), cert. denied, ___ U.S. ___, 112 S. Ct. 2964, 119 L. Ed. 2d 586 (1992). In United States v. Mohney, the Sixth Circuit confined Minarik to its specific facts: The court in Minarik reached its decision based on the specific facts of that case. Minarik did not require that all prosecutors charge all conspiracies to violate a specific statute under the offense clause of section 371. Minarik stated that "the `offense' and `defraud' clauses as applied to the facts of this case are mutually exclusive. ..." Minarik, 875 F.2d at 1187 (emphasis added). 949 F.2d 899, 902 (6th Cir.1991). The Second Circuit reads Minarik as limited to those instances where prosecution under the defraud clause would cause substantial confusion or would prejudice the defendant's ability to prepare for trial. United States v. Bilzerian, 926 F.2d 1285, 1301 (2nd Cir.), cert. denied, ___ U.S. ___, 112 S. Ct. 63, 116 L. Ed. 2d 39 (1991); Hurley, 957 F.2d at 3 (Primary problem in Minarik was that the government's shifting theory of the case and its use of the defraud clause created confusion over what conduct was being charged as illegal). The Eleventh Circuit rejected Minarik as not controlling and as limited to its facts. United States v. Harmas, 974 F.2d 1262, 1266 (11th Cir.1992) (Cited Dennis v. United States, 384 U.S. 855, 863-64, 86 S. Ct. 1840, 1845-46, 16 L. Ed. 2d 973 (1966), in which the Supreme Court held that a specific statute addressing the filing of false statements "does not, in and of itself, make the conspiracy to defraud clause of § 371 unavailable to the prosecution.") Finally, the Tenth Circuit followed the Second Circuit's approach in Bilzerian and distinguished Minarik on its facts. United States v. Notch, 939 F.2d 895, 901 (10th Cir.1991). The defendants do not attempt to argue that this case fits the limited circumstances found in Minarik. The facts charged here do not constitute only a conspiracy to violate a single statute. The defendants conduct violates at least two different statutes. The alleged conspiracy extends beyond statutory offenses and includes efforts at concealing the offensive conduct. The defendants' ability to prepare for trial is not prejudiced, as the government adequately delineates the overt acts in count one. The court denies the defendants' motion to dismiss count one. 6. Witness tampering must be charged under § 1512. The defendants move to dismiss count thirty-two arguing that witness tampering can no longer be brought under the obstruction of justice clause of 18 U.S.C. § 1503. Count thirty-two charges defendants with endeavoring to obstruct a federal grand jury investigation by advising Garcia to falsely state that he was receiving money from Parkview in exchange for his consulting *1499 services. In support of their argument, the defendants rely on the holdings and reasoning in United States v. Hernandez, 730 F.2d 895 (2nd Cir.1984), and United States v. Masterpol, 940 F.2d 760 (2nd Cir.1991). In Hernandez, the Second Circuit held that the enactment in 1982 of the Victim and Witness Protection Act, Pub.L. No. 97-291, 96 Stat. 1248 (1982) took witness tampering out of § 1503's purview by deleting all references to witnesses in that section and substituted a new provision, § 1512, entitled "Tampering with a witness, victim, or an informant." 730 sanfordrebecca@example.net. In Masterpol, the Second Circuit reaffirmed Hernandez and rejected a narrow reading of it. 940 sanfordrebecca@example.net. Based on a 1988 amendment to § 1512(b), which added "corruptly persuades," the Second Circuit found the plain import of Congress' actions was to remove witness tampering from § 1503. Id. The court's research reveals that the majority of the circuits have rejected the Second Circuit's holding that § 1512 is the exclusive statute for charging witness tampering. United States v. Moody, 977 F.2d 1420, 1424 (11th Cir.1992), cert. denied, ___ U.S. ___, 113 S. Ct. 1348, 122 L. Ed. 2d 730 (1993); United States v. Kenny, 973 F.2d 339, 343 (4th Cir.1992); United States v. Branch, 850 F.2d 1080, 1082 (5th Cir.1988), cert. denied, 488 U.S. 1018, 109 S. Ct. 816, 102 L. Ed. 2d 806 (1989); United States v. Risken, 788 F.2d 1361, 1367-68 (8th Cir.), cert. denied, 479 U.S. 923, 107 S. Ct. 329, 93 L. Ed. 2d 302 (1986); United States v. Rovetuso, 768 F.2d 809, 824 (7th Cir.1985), cert. denied, 474 U.S. 1076, 106 S. Ct. 838, 88 L. Ed. 2d 809 (1986). The compelling weight of authority is in favor of holding that the residual clause § 1503 was not amended in 1982 and remains broad enough to cover proscribed acts against a witness. The defendants alternatively argue that count thirty-two fails to allege the essential elements to a charge of obstruction of justice under § 1503. Specifically, the indictment does not allege that the defendants had knowledge or notice of the pending judicial proceeding, does not allege to whom Garcia was to "falsely state and testify," and does not allege that the defendants knew Garcia was a witness. The government responds with a single sentence, "[m]oreover, the indictment informs the defendants that the government intends to prove that the obstruction was in `a federal grand jury investigation in the District of Kansas' and that the defendants have knowledge of that fact in connection with the action undertaken by the defendants." As previously stated, an indictment is sufficient when it contains the elements of the offense charged, apprises the defendant of what charges he must defend against, and affords protection from being placed in jeopardy twice for the same offense. United States v. Walker 947 F.2d 1439, 1441 (10th Cir.1991). The sufficiency of an indictment is judged "by practical rather than technical considerations." Dunn, 841 sanfordrebecca@example.net. "`An indictment should be read in its entirety, construed according to common sense and interpreted to include facts which are necessarily implied'" by the specific allegations. United States v. Phillips, 869 F.2d 1361, 1364 (10th Cir.1988) (quoting United States v. Martin, 783 F.2d 1449, 1452 (9th Cir.1986)), cert. denied, 490 U.S. 1069, 109 S. Ct. 2074, 104 L. Ed. 2d 638 (1989). An indictment is generally sufficient when it "set[s] forth the offense in the words of the statute itself, as long as `those words of themselves fully, directly, and expressly, without any uncertainty or ambiguity, set forth all the elements necessary to constitute the offense intended to be punished." Hamling v. United States 418 U.S. 87, 117, 94 S. Ct. 2887, 2907, 41 L. Ed. 2d 590 (1974) (quoting United States v. Carll, 105 U.S. 611, 612, 26 L. Ed. 1135 (1882)). "[T]he failure of an indictment to allege all essential elements of an offense is a jurisdictional defect requiring dismissal." United States v. Brown, 995 F.2d 1493, 1503 (10th Cir.), cert. denied, ___ U.S. ___, 114 S. Ct. 353, 126 L. Ed. 2d 317 (1993). The requirement to charge all elements "`derives from the Fifth Amendment, which requires that the grand jury have considered and found all elements to be present.'" Id. (quoting United States v. Hooker, 841 F.2d 1225, 1230 (4th Cir.1988)). The elements to a residual clause violation of § 1503 are: "`(1) there must be a *1500 pending judicial proceeding; (2) the defendant must have knowledge or notice of the pending proceeding; and (3) the defendant must have acted corruptly with specific intent to obstruct or impede the proceeding in its due administration of justice.'" United States v. Wood, 6 F.3d 692, 695 (10th Cir. 1993) (quoting United States v. Williams, 874 F.2d 968, 977 (5th Cir.1989)). For purposes of § 1503, a grand jury investigation is a pending judicial proceeding. United States v. Wood, 958 F.2d 963, 975 (10th Cir.1992). Count thirty-two alleges a federal grand jury investigation in the District of Kansas. In the defendants' judgment, count thirty-two, however, does not contain the second element, because it does not allege in precise terms that they knew or had notice of the pending grand jury investigation. The case law does not support such an exacting standard. The indictment need not spell out that the defendants knew or were aware of the proceeding. United States v. Schwimmer, 649 F. Supp. 544, 548 (E.D.N.Y.1986). By alleging that the defendants corruptly endeavored to obstruct a grand jury investigation, count thirty-two sufficiently "encompasses knowledge of a judicial proceeding and intent to impede it." Id.; see United States v. Haas, 583 F.2d 216, 220 (5th Cir. 1978), cert. denied, 440 U.S. 981, 99 S. Ct. 1788, 60 L. Ed. 2d 240 (1979). Count thirty-two further alleges that the defendants instructed Garcia to testify falsely. The only pending judicial proceeding specified in count thirty-two and before which Garcia could testify in August of 1993 was the federal grand jury investigation. Therefore, the specific allegations of count thirty-two necessarily imply that the defendants knew or had notice of the grand jury investigation. See Pettibone v. United States, 148 U.S. 197, 206, 13 S. Ct. 542, 546, 37 L. Ed. 419 (1893) (Under the predecessor of § 1503, the Supreme Court held that the indictment "must charge knowledge or notice, or set out facts that show knowledge or notice...."); Cf. United States v. Abrams, 543 F. Supp. 1184, 1188 (S.D.N.Y.1982). Count thirty-two plainly informs the defendants that the alleged obstruction of justice charge relates to their advising Louis Garcia to testify falsely before the grand jury. The test is not whether the indictment could have been better framed or worded, for it could have been here, but whether it satisfies minimal constitutional standards. See United States v. Perkins, 748 F.2d 1519, 1524 (11th Cir.1984). Obstruction of justice charges do not require greater specificity than other charges. United States v. McGee, 798 F. Supp. 53, 59 (D.Mass. 1992). Count thirty-two meets the minimal constitutional standards. 7. Garcia cannot be both an employee of an independent agency of the United States pursuant to 18 U.S.C. § 209 and a public official for purposes of 18 U.S.C. § 201. The definition of a public official under the unlawful supplementation of a federal employee's salary statute, 18 U.S.C. § 209, includes "an officer or employee ... of any independent agency of the United States." On the other hand, the bribery statute at 18 U.S.C. § 201(a)(1) defines a "public official," as "an officer or employee or person acting for on or behalf of the United States, or any ... agency ... of Government thereof, ... in any official function, under or by authority of any such department, agency, or branch of Government...." (emphasis added). Because the Postal Service is an independent agency of the United States, the defendants contend that Garcia is an employee for purposes of § 209 but not § 201(a)(1). The court considers this a cramped reading of the statutes. With the 1962 revision of the bribery statutes, Congress continued its tradition of broadly drafting the jurisdictional language in order to accommodate the expected growth and diversification of the Federal Government. Dixson v. United States 465 U.S. 482, 491-96, 104 S. Ct. 1172, 1177-80, 79 L. Ed. 2d 458 (1984). Persons are public officials for purposes of § 201 if they occupy "a position of public trust with official federal responsibilities." Id. at 496, 104 S. Ct. at 1180. Based on this Supreme Court precedent, this court entirely agrees with the Second Circuit that Postal Service employees are public officials holding positions of trust with official federal responsibilities. United States v. Gelb, 881 F.2d 1155, 1163 (2nd Cir.), *1501 cert. denied, 493 U.S. 994, 110 S. Ct. 544, 107 L. Ed. 2d 541 (1989). The defendants' motion to dismiss on this ground is denied. JOINT MOTION FOR DISCOVERY OF FAVORABLE AND IMPEACHING EVIDENCE (Dk. 30). Citing Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), United States v. Agurs, 427 U.S. 97, 96 S. Ct. 2392, 49 L. Ed. 2d 342 (1976), United States v. Bagley, 473 U.S. 667, 105 S. Ct. 3375, 87 L. Ed. 2d 481 (1985), and Rule 16 of the Federal Rules of Criminal Procedure, the defendants ask for an order requiring the government to disclose favorable and impeachment information. The government opposes the motion saying it has provided all known information required by Brady, Giglio v. United States, 405 U.S. 150, 92 S. Ct. 763, 31 L. Ed. 2d 104 (1972), and Rule 16. The government further acknowledges its continuing duty under this law to provide such information. Before going to the specific requests, the court will lay out the controlling law. "There is no general constitutional right to discovery in a criminal case and Brady did not create one." Weatherford v. Bursey, 429 U.S. 545, 559, 97 S. Ct. 837, 846, 51 L. Ed. 2d 30 (1977). Brady did impose a duty on the prosecution to disclose evidence in its possession that is both exculpatory and material either to guilt or punishment. 373 U.S. at 87, 83 S.Ct. at 1196. The due process clause sets the parameters for Brady: The Brady rule is based on the requirement of due process. Its purpose is not to displace the adversary system as the primary means by which truth is uncovered, but to ensure that a miscarriage of justice does not occur. Thus, the prosecutor is not required to deliver his entire file to defense counsel, but only to disclose evidence favorable to the accused that, if suppressed, would deprive the defendant of a fair trial.... United States v. Bagley, 473 U.S. 667, 675, 105 S. Ct. 3375, 3379-80, 87 L. Ed. 2d 481 (1985) (footnotes omitted). In short, "it is a rule of fairness and the constitutionally minimal prosecutorial obligation." United States v. George, 778 F.2d 556, 560 (10th Cir.1985). The government's obligation to disclose arises when the requested information is both favorable to the defendant and material. The information must be favorable to the point of being expressly exculpatory: If a statement does not contain any expressly exculpatory material, the Government need not produce that statement to the defense. To hold otherwise would impose an insuperable burden on the Government to determine what facially non-exculpatory evidence might possibly be favorable to the accused by inferential reasoning. United States v. Comosona, 848 F.2d 1110, 1115 (10th Cir.1988); see United States v. Bagley, 473 U.S. at 676 n. 7, 105 S. Ct. at 3380 n. 7. Exculpatory evidence "goes to the heart of the defendant's guilt or innocence." United States v. Starusko, 729 F.2d 256, 260 (3rd Cir.1984) (citation omitted). Information is not exculpatory merely because it is not inculpatory. United States v. Kennedy, 819 F. Supp. 1510, 1519 (D.Colo.), aff'd, 994 F.2d 747 (10th Cir.1993). "[E]vidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would been different. A `reasonable probability' is a probability sufficient to undermine confidence in the outcome." Bagley, 473 U.S. at 682, 105 S. Ct. at 3383. Quite simply, "the constitution does not grant criminal defendants the right to embark on a `broad or blind fishing expedition among documents possessed by the Government....'" United States v. Mayes, 917 F.2d 457, 461 (10th Cir.1990) (quoting Jencks v. United States, 353 U.S. 657, 667, 77 S. Ct. 1007, 1012, 1 L. Ed. 2d 1103 (1957)), cert. denied, 498 U.S. 1125, 111 S. Ct. 1087, 112 L. Ed. 2d 1192 (1991). Impeachment evidence falls within the Brady rule when the reliability of a given witness may be determinative of the defendant's guilt or innocence. Giglio v. United States, 405 U.S. 150, 154, 92 S. Ct. 763, 766, 31 L. Ed. 2d 104 (1972). "`Impeachment evidence merits the same constitutional treatment as exculpatory evidence.'" United States v. Abello-Silva, 948 F.2d 1168, 1179 *1502 (10th Cir.1991) (quoting Bowen v. Maynard, 799 F.2d 593, 610 (10th Cir.), cert. denied, 479 U.S. 962, 107 S. Ct. 458, 93 L. Ed. 2d 404 (1986)), cert. denied, ___ U.S. ___, 113 S.Ct 107, 121 L. Ed. 2d 65 (1992). Impeachment evidence is material if it tends to undermine the credibility of an important government witness. United States v. Alex, 791 F.Supp. at 730. A defendant's allegation that the requested information might be material does not entitle him to an unsupervised search of the government's files. Pennsylvania v. Ritchie, 480 U.S. 39, 59, 107 S. Ct. 989, 1002, 94 L. Ed. 2d 40 (1987). The burden is with the defendant to prove the materiality of the requested, undisclosed information. United States v. Hudson, 813 F. Supp. 1482, 1490 (D.Kan.1993); United States v. Burger, 773 F. Supp. 1419, 1426 (D.Kan.1991), aff'd, 968 F.2d 21