 Braniff merged with Emerald and sought to fly under that carrier's operating certificate, but the USDOT still refused to permit Braniff to begin flights unless the principals of the new airline signed sworn affidavits stating that Spencer would not be involved in any capacity at the carrier.Spencer, Chodorow, and Cohen submitted affidavits in May 1991 stating that Spencer would have no connection nor hold any position with Braniff nor Emerald in any capacity, directly or indirectly.Spencer personally promised not to make any decisions for the airline or direct any of its employees, including consulting or advising.