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U.S. lawsuit seeks forfeiture of property
San Diego Union ^ | August 18, 2005 | Dani Dodge

Posted on 08/18/2005 7:07:24 AM PDT by radar101

The U.S. Attorney's Office has filed a secret lawsuit against Rep. Randy "Duke" Cunningham that contends he should forfeit his Rancho Santa Fe home to the government because it was purchased with illegally obtained money.

Notice of the lawsuit and the government's interest in the property was filed with the San Diego County Recorder's Office.

Cunningham's attorney, Lee Blalack, declined to comment yesterday on the lawsuit but said he had filed a motion challenging the U.S. government's legal claim on the house.

The home – a five-bedroom, eight-bath Spanish colonial estate on Via Del Charro – was listed for sale yesterday for $3.5 million. However, the U.S. attorney's declaration that it has a claim on the property makes a sale difficult if not impossible for the time being, local real estate agents said.

(Excerpt) Read more at signonsandiego.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; Politics/Elections; US: California
KEYWORDS: adcs; billofrifghts; brentwilkes; constitutionlist; doj; donutwatch; dukecunningham; dukestir; feds; govwatch; mitchellwade; mzm; peregrine; powanda; randycunningham; retaliation; unequalprotection
You can see where this could go.
1 posted on 08/18/2005 7:07:28 AM PDT by radar101
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To: radar101

Wow, sounds kinda messy.


2 posted on 08/18/2005 7:12:15 AM PDT by EagleUSA
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To: radar101

I'd be very wary of endorsing this kind of tactic.


3 posted on 08/18/2005 7:12:56 AM PDT by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
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To: EagleUSA
Wow, sounds kinda messy.

Yup . . . but the difference in us and Libbers is you won't see a bunch of us coming to his aid. Conservatives truly believe "if you do the crime, you do the time." Regardless of political persuasion.

Therein lies the BIG difference in US . . . and THEM. Morality has no place in their party.

4 posted on 08/18/2005 7:17:00 AM PDT by geedee (A #2 pencil and a dream can take you anywhere.)
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To: coconutt2000

Me, too. It's the same money grab that they use on drug dealers.

I don't like the notion that law enforcement has a proft motive.


5 posted on 08/18/2005 7:17:01 AM PDT by highball ("I find that the harder I work, the more luck I seem to have." -- Thomas Jefferson)
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Comment #6 Removed by Moderator

To: George_Bailey
What's a secret lawsuit?

It's a lawsuit that's so secret that only 90% of the newspapers report it.

7 posted on 08/18/2005 7:19:00 AM PDT by Lazamataz (Islam is merely Nazism without the snappy fashion sense.)
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To: radar101; Know your rights; freepatriot32
You can see where this could go.

Same place its already gone for thousands of Americans under asset forfeiture. The more the merrier.

8 posted on 08/18/2005 7:19:25 AM PDT by Wolfie
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To: radar101

this has been in use nationwide for years - only now it catches someone with some political power and money and all of a sudden it becomes a dangerous tactic?

It always was unconstitutional! Just because this jerk is a politician (lawyer too?) doesn't give him special priveledges. If anything people in power should be punished much more severely for breaking laws.

Back to the seizure and confiscation of property .... IF a court can convince a jury that property was paid for by illegal gains, then the property can be forfeit TO REPAY THOSE IT WAS STOLEN FROM! Only after a trial by jury.

This crap of small city-state gestapos stopping people on the freeway, confiscating cars, money, etc (NO drugs or anything illegal) and then telling the people to leave --- they need to be lined up against the wall as common highway robbers - and the politicinas, lawyers and judges who are ruling over the gestapo also!


9 posted on 08/18/2005 7:19:55 AM PDT by hombre_sincero
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To: radar101
Cunningham's troubles started with another home sale in 2003. He sold his Del Mar-area home to defense contractor Mitchell Wade for $1.675 million. Wade, who put it back on the market shortly after he bought it, sold it at a $700,000 loss.


Pretty Good scam except they got greedy. Income non taxable to house seller and loss deductible to business.

As usual the article states this is a republican. I don't mind that, I hold republicans to a higher standard.
10 posted on 08/18/2005 7:20:27 AM PDT by PeterPrinciple (Seeking the truth here folks.)
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To: George_Bailey
"What's a secret lawsuit?"

An idea they stole from the Soviets. We just don't have a Siberia, darn it.

11 posted on 08/18/2005 7:21:10 AM PDT by BipolarBob (Yes I backed over the vampire, but I swear I didn't see it in my rearview mirror.)
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To: highball
I don't like the notion that law enforcement has a profit motive.

I don't either. Career DA's and local sheriff's with a Napoleon complex, are attracted to anything that will mean the "big Score" for their career. Justice be damned.

12 posted on 08/18/2005 7:25:36 AM PDT by elbucko
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To: radar101

No conviction should mean no lien and no punishment. If they get a conviction, they can go after the assets he has at the time of the conviction.


13 posted on 08/18/2005 7:29:13 AM PDT by trebb ("I am the way... no one comes to the Father, but by me..." - Jesus in John 14:6 (RSV))
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To: hombre_sincero

Randy Cunningham got greedy and cocky about making bucks from his political power...but he is not deserving of being called a "jerk".

Cunningham was the first fighter ace of the Vietnam war, he received the Navy Cross, two Silver Stars, fifteen Air Medals, and the Purple Heart.


14 posted on 08/18/2005 7:34:18 AM PDT by silverleaf (Fasten your seat belts- it's going to be a BUMPY ride.)
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To: trebb

Agreed, but as another FReeper said above, this is nothing new. They've been doing this without convictions for years, it's unfortunately nothing new.

I think Cunningham's a crook, and deserves hard time for selling his office, but this just isn't right. Not until they actually get a conviction.

Add this to the growing list of crimes for which someone is guilty until proven innocent, I guess.


15 posted on 08/18/2005 7:34:26 AM PDT by highball ("I find that the harder I work, the more luck I seem to have." -- Thomas Jefferson)
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To: silverleaf

"Randy Cunningham got greedy and cocky about making bucks from his political power...but he is not deserving of being called a "jerk"."

He sold his influence over military contracts. That means that because Duke wanted to make a couple extra bucks, our soldiers aren't getting the best equipment at the best price.

That makes him more than a jerk. It makes him a scumbag, regardless of what he did before he became a scumbag.


16 posted on 08/18/2005 7:36:17 AM PDT by highball ("I find that the harder I work, the more luck I seem to have." -- Thomas Jefferson)
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To: BipolarBob
We just don't have a Siberia, darn it.

...Sure, We do...Cleveland East St. Louis, Detroit, Newark and Washington D.C...Liberal paradises. :D

17 posted on 08/18/2005 7:43:23 AM PDT by skinkinthegrass (Just because you're paranoid, doesn't mean they aren't out to get you :^)
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To: highball
Worse than that. They don't even have to file charges.
18 posted on 08/18/2005 8:05:45 AM PDT by Wolfie
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To: Wolfie

Sick, isn't it?


19 posted on 08/18/2005 8:07:07 AM PDT by highball ("I find that the harder I work, the more luck I seem to have." -- Thomas Jefferson)
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To: silverleaf

" Randy Cunningham got greedy and cocky about making bucks from his political power...but he is not deserving of being called a "jerk". "

Yes he was a true American hero - then what? he fall "for the dark side" ? No excuse and as the old saying goes, "You cannot rest on your laurels"

And I spent 12 years in the USMC 11 1/2 months in vietnam (medevac'd) spent time doing all sorts of things in the Marines and afterwards - but I did NOT steal or break the law.

Yes, he is a criminal jerk if he's found guilty - if not found guilty, he is just another political greedy jerk now.

Don't forget - Kerry was a vet, McCain was a vet , and Benedict Arnorld was a "vet" also.



20 posted on 08/18/2005 8:07:37 AM PDT by hombre_sincero
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To: hombre_sincero

Please don't try to compare John Kerry's exploits with those of Randy Cunningham.

Navy Fighter pilots in Vietnam had a much more difficult time becoming aces than river boat jockeys had accruing medals that they wrote for themselves.

Have you read about why Benedict Arnold was executed? It wasn't from financially bleeding a defense contractor for personal gain.

And please don't get started on John McCain....you might have to call him a "jerk" too, since he has a fondness for "personal" banking.


21 posted on 08/18/2005 8:19:04 AM PDT by silverleaf (Fasten your seat belts- it's going to be a BUMPY ride.)
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To: hombre_sincero

Sorry my bad on history..Benedict Arnold was not executed, but self-exiled.

And add John Glenn to McCain as among the Keating 5 and decorated military vets you might choose to call jerks because they became greedy politicians.


22 posted on 08/18/2005 8:25:22 AM PDT by silverleaf (Fasten your seat belts- it's going to be a BUMPY ride.)
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To: trebb
If they get a conviction, they can go after the assets he has at the time of the conviction.

He was trying to convert the house into cash. By the time the criminal trial was over, the assets could be well hidden offshore.

23 posted on 08/18/2005 9:14:41 AM PDT by PAR35
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To: PAR35
He was trying to convert the house into cash. By the time the criminal trial was over, the assets could be well hidden offshore.

Then jail him a year for every $10K he can't/won't come up with...

Are they more focused on justice or on getting their hands on money?

24 posted on 08/18/2005 9:29:37 AM PDT by trebb ("I am the way... no one comes to the Father, but by me..." - Jesus in John 14:6 (RSV))
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To: freepatriot32

ping


25 posted on 08/18/2005 9:31:11 AM PDT by FOG724 (RINOS - they are not better than leftists, they ARE leftists.)
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To: trebb
Are they more focused on justice

You don't consider making a criminal give up the fruits of his crime to be justice? Remember, the house has not been seized. A pre-judgement civil lien has attached, about the same as a dispute with a contractor or a lumber supplier, and only a little different from a lis pendens which would be available in any civil action involving the property.

And contrary to the story, the house could still be sold, with the lien attaching to the proceeds. Once the civil case (not criminal) case is concluded, the money could then be distributed.

26 posted on 08/18/2005 9:40:43 AM PDT by PAR35
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To: radar101

Property rights are for large corporations.


27 posted on 08/18/2005 9:43:23 AM PDT by RightWhale (Withdraw from the 1967 UN Outer Space Treaty and open the Land Office)
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To: Allosaurs_r_us; Abram; AlexandriaDuke; Annie03; Baby Bear; bassmaner; Bernard; BJClinton; ...
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
28 posted on 08/18/2005 12:32:15 PM PDT by freepatriot32 (Deep within every dilemma is a solution that involves explosives)
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To: abbi_normal_2; adam_az; Alamo-Girl; Alas; alfons; alphadog; AMDG&BVMH; amom; AndreaZingg; ...
Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.

List of Ping lists

29 posted on 08/18/2005 12:33:24 PM PDT by freepatriot32 (Deep within every dilemma is a solution that involves explosives)
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To: radar101

He better sell it quick, the market is tanking down in SD


30 posted on 08/18/2005 12:35:09 PM PDT by BurbankKarl
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To: freepatriot32

BTTT!!!!!!


31 posted on 08/18/2005 1:21:47 PM PDT by E.G.C.
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