Skip to comments.U.S. lawsuit seeks forfeiture of property
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 ...
Wow, sounds kinda messy.
I'd be very wary of endorsing this kind of tactic.
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.
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.
It's a lawsuit that's so secret that only 90% of the newspapers report it.
Same place its already gone for thousands of Americans under asset forfeiture. The more the merrier.
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!
An idea they stole from the Soviets. We just don't have a Siberia, darn it.
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.
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.
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.
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.
"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.
...Sure, We do...
Cleveland East St. Louis, Detroit, Newark and Washington D.C...Liberal paradises. :D
Sick, isn't it?
" 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.
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.
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.
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?
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.
Property rights are for large corporations.
He better sell it quick, the market is tanking down in SD