1. PROSECUTING POLITICAL CORRUPTION IN THE UNITED STATES
The Cunningham Case

2. The Prosecutor Assistant United States Attorney
Chief, Major Frauds Section
Assigns prosecutors
Asks for assistance from federal law enforcement agencies
FBI
IRS

3. The Target Congressman Randy “Duke” Cunningham
Representative to the United States House of Representatives
from a district in Southern California
Senior member of the House of Representatives Defense
Appropriations subcommittee
In a position to influence the military bureaucracy’s
selection of contractors

4. The Investigation Gets Started

5. The House He Sold

6. The House He Bought

7. Cunningham’s First Reaction

8. The Investigation Follow the money. Interview witnesses.
Subpoena bank records, escrow files, tax records.
Execute search warrants.
Freeze assets.
Negotiate plea agreement with co-conspirator.

9. Mitchell Wade

10. The Duke-Stir

11. The Bribe Memo

12. Co-conspirator #1
Co-conspirator #2
Co-conspirator #3

13. $2.4 million in payments and benefits
CASH
CHECKS
MEALS
TRAVEL
LODGING
FURNISHINGS
ANTIQUES
RUGS
YACHT CLUB FEES
BOAT REPAIRS AND IMPROVEMENTS
MOVING EXPENSES
CARS
BOATS

14. The Charging Document

15. CONSPIRACY Title 18, United States Code, Section 371
“If two or more persons conspire. . . to commit any offense
against the United States. . . and one or more of such persons
do any act to effect the object of the conspiracy, each shall be
fined. . . or imprisoned ”
The Law

16. BRIBERY OF A PUBLIC OFFICIAL
Title 18, United States Code, Section 201(b)(2)(A)
“Whoever—being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for being influenced in the performance of any official act. . .shall be fined. . .or imprisoned.”

17. HONEST SERVICES MAIL FRAUD
Title 18, United States Code, Sections 1341 and 1346.
“Whoever, having devised. . . any scheme. . .to defraud, . . .
for the purpose of executing such scheme. . . causes. . . any
. . . thing whatever to be sent or delivered by any private or
commercial interstate carrier. . . shall be fined. . .or imprisoned
. . . or both.”
“For the purposes of this chapter, the term ‘scheme. . .to defraud’ includes a scheme. . . to deprive another of the
intangible right of honest services.”

18. HONEST SERVICES WIRE FRAUD
Title 18, United States Code, Sections 1343 and 1346
“Whoever, having devised. . .any scheme. . . to defraud. . . transmits or causes to be transmitted by means of wire. . .communication in interstate commerce, any writings, signs, signals, or sounds for the purpose of executing such scheme. . . shall be fined. . .or imprisoned. . . or both.”
“For the purposes of this chapter, the term ‘scheme to defraud’
includes a scheme to deprive another of the intangible right of
honest services.”

19. INCOME TAX EVASION Title 26, United States Code, Section 7201
“Any person who willfully attempts in any manner to evade or
defeat any tax imposed by this title or the payment thereof shall,
. . .be fined. . . or imprisoned or both.”

20. The Guilty Plea

21. Sentencing

22. Guilty as Charged and Sentenced to Eight Years and Four Months
“I broke the law, concealed my conduct, and disgraced my
high office.”
“I know that I will forfeit my freedom, my reputation, my
worldly possessions, and most importantly, the trust of
my friends and family.”

23. Property Forfeited His interest in the Rancho Santa Fe home;
$1.8 million in cash; ten armoires; seven
Persian carpets and two carpet runners;
two bedside tables and a side table; two
glass vases; two dressers; two silver
candelabra; a wooden serving cabinet;
a leather Mastercraft sofa; a sleigh-style
bed; a sideboard; a rattan screen; a china
hutch; three antique oak doors; and jewelry.
His inteest in the Rancho Santa Fe home.

24. It Doesn’t Stop There