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The War
Profiteers - War Crimes, Kidnappings, Torture and Big Money |
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CIA Lawsuits: U.S. vs. Kyle Dustin Foggo & Brent Roger Wilkes |
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Newest
media report: Poker, Hookers, and Black
Contracts: How To Make a CIA Trial Go Away (1/10/2008/Mother
Jones) Newest
legal document: Order
(29/9/2008/U.S. vs. Foggo) |
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“The
CIA’s former executive director and a defense contractor were indicted yesterday
by a San Diego grand jury for allegedly corrupting the intelligence agency’s
contracts, marking one of the first criminal cases to reach into the CIA’s
clandestine operations in Europe and the Middle East. Kyle ‘Dusty’ Foggo, a
longtime logistics officer who was the CIA’s top administrator from November
2004 until last May, was accused of using his seniority and influence at a
prior CIA job in Europe to steer business deals to his longtime friend Brent
R. Wilkes, a California businessman and top Republican fundraiser. […]” Excerpt of Washington Post article from 14/2/2007. |
Kyle Foggo in 2004 as CIA Director |
Indicted: Foggo in 2007 |
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October 1st, 2008 - Poker, Hookers, and Black
Contracts: How To Make a CIA Trial Go Away 1 news article by
Mother Jones September 29th, 2008 - Ex-CIA Executive Pleads
Guilty to Wire Fraud 2 news articles by
the Associated Press & New York Times September 9th, 2008 - Ex-CIA Exec Facing Trial
Say He’ll Expose Agents 1 news article by the
Associated Press June 10th, 2008 - Judge Denies European
Summer Vacation for Disgraced CIA Official 1 news article by ABC News May 20th, 2008 - New Indictment in Case
Against Former CIA Executive Director 1 news article by the Associated
Press February 19th, 2008 - 12 Years for Contractor in
Bribery Case 1 news article by the
Associated Press November 20th, 2007 - Judge Proposes Moving
Wilkes, Foggo Trial to Virginia 1 news article by the San Diego
Union-Tribune November 6th, 2007 - Jury Finds Wilkes Guilty 1 news article by the San Diego
Union-Tribune May 15th, 2007 - Trial Dates Set for
Wilkes, Foggo in Corruption Case 1 news article by the
San Diego Union-Tribune May 14th, 2007 - Wilkes, CIA Official
Arraigned on New Charges 1 news article by
North County Times May 2nd, 2007 - Separate Trial, Transfer of
Venue Sought for Ex-CIA Official 1 news article by San
Diego Union-Tribune April 25th, 2007 - Wilkes’ Attorneys Target
Classified Information Rules News article by San Diego
Union-Tribune April 13th, 2007 - Wilkes’ Home to go on
Auction Block 1 news article by North County
Times March 30th, 2007 - Feinstein Challenges Criticism
Against Lam 1 news article by Copley News
Service March 19th, 2007 - Democrats Turn up Heat on
Firing of U.S. Attorney 1 news article by the Los Angeles
Times March 6th, 2007 - Judge Limits Defense
Access to State Secrets in Foggo Case 1 news article by the Associated
Press February 14th, 2007 - Former Top CIA Official
Indicted 1 news article by the Washington
Post May 15th, 2006 - Intelligence: Goss Goes Out
- But the CIA’s Struggles Go On 1 news article by Newsweek May 12th, 2006 - F.B.I. Says House of
Ex-C.I.A. Deputy Is Searched 1 news article by the New York
Times May 9th, 2006 - CIA Official
Quits; FBI Probes Role in Defense Contracts 1 news article by the Washington
Post December 3rd, 2004 - Politicized Espionage 1 news article by the Boston
Phoenix |
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United States District Court Eastern District of Virginia (Alexandria) Case No.: 08 CR 00079 JCC 1 Case title: U.S.A. vs. Kyle Dustin Foggo Date Filed: February 26th, 2008 September 29th, 2008 - Order “[…] Defendant
Kyle Dustin Foggo, having entered a plea of guilty to count 1 of the second
superseding indictment pursuant to the agreement entered into between him and
the United States, and the Court having accepted that plea, and The United
States having moved to dismiss the remaining counts of the indictment as they
pertain to defendant Kyle Dustin Foggo, it is therefore ordered that counts 2
through 28 of the indictment against this defendant be and are hereby dismissed.
[…]” September 29th, 2008 - Statement of Facts “[…] 10. Beginning
in or about December 2002, and continuing through in or about September 2006,
within the Eastern District of Virginia and elsewhere, Foggo devised and
intended a scheme: (1) to defraud, including depriving the United States and
its citizens of their right to Foggo’s honest services, including their right
to his loyal, faithful, disinterested, unbiased service, to be performed free
of deceit, undue influence, conflict of interest, self-enrichment,
self-dealing, concealment, fraud, and corruption; and (2) to obtain money and
property by means of materially false and fraudulent pretenses and
representations, and concealment and omissions of material facts. “11. Foggo,
through direct and indirect instructions, abused his supervisory positions with
the CIA in order to cause the CIA to hire companies or individuals with whom Foggo
had a personal relationship (Foggo’s Friends). […]” September 29th, 2008 - Plea Agreement “[…] 1.
The defendant, Kyle Dustin Foggo, pursuant to Rule 11 (c), agrees to plead
guilty to Count One of the Second Superseding Indictment. Count One charges
the defendant with devising a scheme to defraud, induding depriving the
United States and its citizens of their right to his honest services, and to
obtain money and property by means of false representations and concealment
of material facts, in violation of Title 18 United States Code, Section 1343.
[…] “4. In
exchange for the concessions in this plea agreement, the United States will
move to dismiss: (1) Counts 2 through 28 of the Second Superseding Indictment
and (2) the forfeiture allegations, inasmuch as the defendant has no readily
attachable assets (the United States will not pursue any civil actions based
on these allegations). […]” September 29th, 2008 - Minute Entry “[…] Minute
Entry for proceedings held before District Judge James C. Cacheris: Change of
Plea Hearing as to Kyle Dustin Foggo held on 9/29/2008; […] Deft withdrew NG
plea and PG to Count 1 of the Second Superseding Indictment - Court accepts
plea. Counts 2 - 28 of Second Superseding Indictment are dismissed based on
Oral Motion/Plea Agreement - Order entered. Deft referred to PO for PSI and
Sentencing scheduled for: 1/8/2009 at 10:00 AM before District Judge James C.
Cacheris (Classified material to be discussed). Deft continued on bond. […]” July 31st, 2008 - Order & Memorandum
Opinion “[…] For
the reasons stated in the accompanying Memorandum Opinion, it is hereby ordered
that: “(1)
Defendant’s Motion to Dismiss Counts 27 and 28 of the second superseding
indictment is denied; “(2) The
Government’s Motion for Leave to File a Sur-Reply is granted; […]” July 14th, 2008 - Order & Memorandum
Opinion “[…] For
the reasons stated in the accompanying Memorandum Opinion, it is hereby ordered
that: “(1)
Defendant’s Motion to Dismiss is denied in part; “(2) The
Court shall take under advisement the question of whether Counts 27 and 28 of
the second superseding indictment should be dismissed; “(3)
Defendant’s Motion for a Bill of Particulars is denied; […]” July 10th, 2008 - Protective Order “[…] it
is ordered, “1) that
the Court grants the Government’s motion pursuant to Section 4 of CIPA and Rule
16(d)(l). “2) that
the Government need not disclose to the defense the classified materials
described in the Government's pleading, its declaration and the attached
exhibits. “3) that
the Government’s pleading, its declaration and the attached exhibits are
hereby sealed and shall be maintained in a facility appropriate for the
storage of such classified information by the Court Security Officer as the
designee of the Clerk of Court, in accordance with established security
procedures, until further order of this Court. […]” July 10th, 2008 - Order “[…] it
is ordered, “1) that
the Defendant's In Camera, Ex Parte motion to compel Government to allow defense
counsel to conduct voluntary pre-trial interviews of current and former CIA
employees is denied. “2) and
finds that the Government need not provide defense counsel access to the classified
programs and other information sought by counsel. Further, CIA Office of
General Counsel may instruct the former and current CIA employees who have
agreed to be interviewed by the defendant that they may not discuss the
information contained within that classified programs including the specific
information sought by defense counsel by way of his motion to compel. […]” June 9th, 2008 - Order, Protective Order
& Memorandum Opinion “[…] For
the reasons stated in the accompanying Memorandum Opinion, it is hereby ordered
that: (1) Government’s Motion for Amended Protective Order is granted; (2)
Defendant’s Motion for Entry of Discovery Order is denied; […] May 22nd, 2008 - Minute Entry “Minute
Entry for proceedings held before District Judge James C. Cacheris: Arraignment
as to Kyle Dustin Foggo Count
1ss-14ss,15ss-18ss,19ss-20ss,21ss,22ss-24ss,25ss-28ss held on 5/22/2008 and
Motion Hearing as to Kyle Dustin Foggo held on 5/22/2008 re Motion for
Protective Order filed by USA and Motion for Discovery Motion for Entry of
Discovery Order Consistent With the Parties’ Previous Agreement and the Law
of the Case Regarding the Production of Jencks Act Materials filed by Kyle
Dustin Foggo […] “Deft
waived FA, PNG as to all counts of Second Superseding Indictment, and
demanded a trial by Jury. Jury Trial previously scheduled for November 3,
2008 to remain. Court advises that Jury Trial is to last no longer than 3
weeks. Motions Hearing to be scheduled as needed. Motions argued and taken
under advisement. Amended Proposed Scheduling Order submitted - Court to
await review by Deft before entering. […]” May 20th, 2008 - Second Superseding
Indictment March 24th, 2008 - Order “[…]
Govt's Response due 6/6/2008. “Deft's
Reply due 6/13/2008. “CIPA
Hearing Section 5 Hearing set for 6/20/2008 at 10:00 AM before District Judge
James C. Cacheris. “Section
5 Order on 6/27/2008. “Gov't Section
6(a) Response due 8/8/2008. “Deft's
Section 6(a) Reply due 8/15/2008. “CIPA
Hearing (6(a) Hearing set for 8/22/2008 at 10:00 AM before District Judge
James C. Cacheris. “Section
6(a) Written Order on 8/29/2008. “Section
6(c) filing due 9/19/2008. “Deft's
Section 6(c) Response due 10/3/2008. “Govt's
Section 6(c) Reply due 10/10/2008. “CIPA
Hearing (6(c) Hearing set for 10/17/2008 at 10:00 AM before District Judge
James C. Cacheris. “Section
6(c) Written Order on 10/24/2008. “Jury
Trial scheduled for 11/3/2008. - Signed by Judge District Judge James C.
Cacheris on 3/24/2008. […]” March 21st, 2008 - Minute Entry “[…]
Minute Entry for proceedings held before Judge District Judge James C.
Cacheris: Status Conference as to Kyle Dustin Foggo held on 3/21/2008: Govt
appeared through: James P. Gillis, Phillip Halpern and Valerie Chu. Deft
appeared w/ counsel: Andrew J. Dober, William Potts, Mark MacDougall, W.
Randolph Teslik and Paul Butler. “Deft
orally waived Speedy Trial - Court finds deft waived his right to Speedy
Trial. Counsel will submit an Amended Protective Order. Counsel submitted
Discovery Order - Deft to review and get back w/ Court before being entered. “Pretrial
Conference set for 5/6/2008 at 10:00 AM before District Judge James C.
Cacheris. Jury Trial set for 11/3/2008 at 10:00 AM before District Judge
James C. Cacheris. (Est. to last 2 - 3 weeks for Govt and 2 weeks for Deft)
Deft continued on bond under same conditions. […]” February 26th, 2008 - Order of Transfer United States Dictrict Court Southern District of California Case No.: 07 CR 0329 LAB Case Title: U.S.A. vs. Kyle Dustin Foggo & Brent Roger Wilkes Date Filed: February 23th, 2007 February 20th, 2008 - Order Dismissing Charges
against Wilkes & Transferring Case against Defendant Foggo “[…] This
matter has come before this Court on defendant Foggo’s motion to transfer
venue to the Eastern District of Virginia and the government’s motion to
dismiss without prejudice the charges against defendant Wilkes. Having
considered the pleadings and arguments of the parties, the Court hereby
orders the following: 1. The charges in the indictment and superseding
indictment in case 07CR0329-LAB against defendant Wilkes are dismissed
without prejudice. 2. The case against defendant Foggo is transferred to the
Eastern District of Virginia. 3. The Clerk of Court shall transfer to the
Eastern District of Virginia the files and records of this case. It is so
ordered. […]” February 19th, 2008 -
Minute Entry for proceedings held before Judge Larry Alan Burns “Motion
Hearing as to Kyle Dustin Foggo - n/a, Brent Roger Wilkes held on 2/19/2008.
Court grants the motion Dismissing Without Prejudice Charges Against
Defendant Wilkes and Transferring Case Against Defendant Foggo to the Eastern
District of Virginia. (Plaintiff Attorney Phillip Halpern; Jason Forge;
Valerie Chu; Sanjay Bhandari). (Defendant Attorney Andrew Dober; W. Randolph
Teslik; Shereen Charlick; Reuben Cahn; Mark Geragos - s/a).” December 31st, 2007 - Government’s Response &
Opposition to Defendant Foggo’s Motion “[…]
Defendants Foggo and Wilkes are charged with, inter alia, participating in a
conspiracy encompassing national and international offense conduct that is
properly brought ‘in any district in which any act in furtherance of the
conspiracy was committed.’ […] As this case is properly charged in the
Southern District of California, Foggo seeks to transfer venue pursuant to
Federal Rule of Criminal Procedure 21(b), which allows a defendant to
initiate a motion for a transfer of venue to another district if convenient
for the parties and witnesses and in the interest of justice. “As set
forth in great detail in the government’s original Response and Opposition,
this case belongs in the Southern District of California (the ‘SDCA’). Our
position on this is unchanged, and defendant Wilkes agrees. Nevertheless, at
the hearing on December 17, 2007, the Court posed the hypothetical of
severing the case against Foggo and transferring it to the Eastern District
of Virginia (the ‘EDVA’). The Court then asked the government whether it
would respond to such a scenario by moving to dismiss without prejudice its
case against Wilkes in the SDCA and re-indicting Wilkes in the EDVA. The
government has examined and re-examined the Platt1/ factors, and we believe
that Foggo has failed to demonstrate the “substantial inconvenience”
necessary to warrant the extraordinary relief he seeks. As such, the
government respectfully declines to encourage such an outcome by agreeing to
dismiss and re-indict its case against Wilkes. […]” December 11th, 2007 - Defendant Foggo’s Renewed
Motion for Transfer of Venue “[…]
Defendant Kyle Dustin Foggo, pursuant to Rule 21 of the Federal Rules of
Criminal Procedure, previously moved for severance and transfer of venue to
the United States District Court for the Eastern District of Virginia on the
grounds that the natural center of gravity of the events alleged in the
indictment lies in Virginia and Mr. Foggo, the CIA, and the vast majority of
potential witnesses and documents reside in the Washington, D.C. area. This
Court denied Mr. Foggo’s motion without prejudice on May 14, 2007, primarily
because of Mr. Wilkes’ desire to be tried in San Diego. Mr. Wilkes has,
however, recently been convicted in a highly publicized trial in the Southern
District of California and is scheduled to be sentenced in the near future.
See United States v. Wilkes, 07-cr-330-LAB. “If Mr.
Wilkes is remanded into the custody of the Bureau of Prisons after
sentencing, his future place of residence is uncertain and within the
discretion of the federal govement. Therefore, defendant Foggo respectfully
renews his motion for severance and transfer of this case to the Eastern
District of Virginia pursuant to Rule 21 of the Federal Rules of Criminal
Procedure. […]” November 19th, 2007 - Minute Entry for proceedings held before Judge Larry Alan
Burns “Defendant
Kyle Foggo and Brent Wilkes not available. Status Conference as to Kyle
Dustin Foggo, Brent Roger Wilkes held on 11/19/2007. Further Status Conference
re: possible transfer of the case set for 12/18/2007 09:00 AM in Courtroom 9
before Judge Larry Alan Burns. (Court Reporter Eva Oemick). (Plaintiff
Attorney Sanjay Bhandari; Jason Forge, Phillip Halpern; Valerie Chu).
(Defendant Attorneys telephonic appearances of Paul Butler, Elizabeth Tobio,
Andrew Dober, Mark MacDougall for defendant Kyle Foggo; Shereen Charlick and
Reuben Cahn for defendant Brent Wilkes).” August 14th, 2007 - Declaration of Assistant U.S.
Attorney Phillip L. B. Halpern May 14th, 2007 - Minute Entry for
Proceedings held before Judge Larry Alan Burns “Arraignment
on the superseding indictment as to Kyle Dustin Foggo (1) Count 1s, 2s-22s,
23s - 30s and Brent Roger Wilkes (2) Count 1s, 2s - 22s, 23s - 30s held on
5/14/2007. Not Guilty plea entered as to both defendants. (Court Reporter Eva
Oemick). (Plaintiff Attorney: Jason Forge; Phillip Halpern; Valerie Chu).
(Defendant Attorney: Andrew Dober; Mark MacDougall; Mark Geragos). “Minute
Entry for proceedings held before Judge Larry Alan Burns: Motion Hearing as
to Kyle Dustin Foggo, Brent Roger Wilkes held on 5/14/2007. Motion for
Protective Order Regarding Attorney-Client Communications, Touhy Disclosures
and Treatment of Classified Information filed by Kyle Dustin Foggo -
granted/denied in part; Motion to Compel Investigation Into Acknowledged 6(e)
Violations filed by Kyle Dustin Foggo - granted. A written report shall be
filed under seal with the court as soon as possible; Motion to Sever - denied
without prejudice; Motion for transfer of venue to Eastern District of VA
filed by Kyle Dustin Foggo - denied; Motion To declare CIPA Unconstitutional
defendant Brent Wilkes motion for order declaring CIPA unconstitutional on its
face or as applied, or in the alternative rejecting its application to
defendant brent Roger Wilkes in this case filed by Brent Roger Wilkes -
denied. “Jury
Trial set for 10/23/2007 09:00 AM in Courtroom 9 before Judge Larry Alan
Burns. Motions in limine hearing set for 10/22/2007 02:00 PM in Courtroom 9
before Judge Larry Alan Burns. Court waives the future appearances of dft
Kyle Foggo unless ordered by the court. (Court Reporter Eva Oemick).
(Plaintiff Attorney Jason Forge; Phillip Halpern; Valerie Chu). (Defendant
Attorney Andrew Dober; Mark MacDougall; Mark Geragos). (John McPherson,
Departement of Justice) (Court Security James Londergan) […]” May 11th, 2007 - Defendant Foggo’s Reply in
Support of Motion for Severance & Transfer of Venue May 10th, 2007 - Superseeding Indictment May 7th, 2007 - Government’s Response to Defendant
Foggo’s Motion for Entry of Protective Orders May 7th, 2007 - Government’s Response to
Defendant Wilkes & Foggo’s Motions April 27th, 2007 - Defendant's Motion for
Severance & Transfer of Venue April 23rd, 2007 - Defendant’s Motion for
Entry of Protective Order April 23rd, 2007 - Defendant Kyle Foggo’s Motion
to Compel Investigation March 26th, 2007 - Government’s Response &
Opposition to Defendants’ Motion & General Requests “[…] Despite
the extensive detail contained in the Indictment – and despite the extensive
discovery produced or in the process of being produced – defendants claim to
be unable to frame adequately their discovery requests. Nevertheless,
stripping the defendants’ motions of rhetoric, they raise only two routine
and fairly de minimus disputes for the Court’s determination: (1) is the
government required to disclose details of its on-going investigation (e.g.,
lists of unrelated search sites, unrelated grand jury subpoenas, and any
search warrants that were sought from, but not granted by, the Court); and
(2) should the government be required to file a bill of particulars. The
answer to both questions is clearly no. “[…] From
virtually the inception of this criminal case, the government has made
available voluminous amounts of unclassified discovery. On February 22, 2007,
the government confirmed in writing its earlier oral representations that it
had already made available for review and/or copying: (1) relevant search
warrant applications, affidavits and inventory sheets related to the search
warrants that were executed in investigating the above-captioned matter; (2)
documents and other evidence seized from Randall Cunningham’s residence; (3)
documents and other evidence seized from the ‘Duke-Stir’; (4) documents and
other evidence seized from Mitchell Wade’s residence; (5) documents and other
evidence seized from MZM; (6) documents and other evidence seized from Brent
Wilkes’s residence; and (7) documents and other evidence obtained from a
variety of third party sources, e.g., bank records, phone tolls, credit card
records, etc. […]” March 19th, 2007 - Minute Entry for Proceedings held before
Judge Larry Alan Burns “Kyle
Dustin Foggo - not appearing. Pretrial Conference as to Kyle Dustin Foggo and
Brent Roger Wilkes held on 3/19/2007. Bond Hearing as to Brent Roger Wilkes
held on 3/19/2007. Motions terminated as to Kyle Dustin Foggo, Brent Roger
Wilkes: Motion for Reconsideration of Scope of Protective Order - denied.
Defense counsel as to defendants’ Kyle Dustin Foggo and Brent Roger Wilkes
shall file motions regarding CIPA immediately with the court. Court grants an
extension of time until 4/2/07 to post the bond as to Brent Roger Wilkes.
Bond hearing set for 4/2/07 at 2:00 before Judge Larry Alan Burns. Court
orders Mr. Londergan be notified of all future filings. (Court Reporter Eva
Oemick).(Plaintiff Attorney: Jason Forge; Phillip Halpern; Valerie
Chu).(Defendant Attorney: Andrew Dober; W. Randolph Teslik; Mark J.
Geragos)(Court Security Officer: James Londergan).” March 16th, 2007 - Government’s Response and
Opposition to Defendant’s Motion March 15th, 2007 - Defendant’s Motion to
Reconsider Entry of Protective Order March 5th, 2007 - Protective Order pursuant to
Section 3 of the Classified Information Procedures Act February 13th, 2007 - Indictment “[…] 1.
From on or about July 6, 2001 to about November 3, 2004, defendant Kyle
Dustin Foggo, was the senior officer in charge of support operations at an ‘Overseas
Location’ of the Central Intelligence Agency (‘CIA’), and as such directed
the Overseas Location’s daily operations supplying equipment to personnel
overseas. “2. From
on or about November 4, 2004 to about May 12, 2006, defendant Foggo was the Executive
Director of the CIA (then the third-highest position in the CIA), and as such
directed the CIA’s daily operations. […] “9.
Beginning on a date unknown to the Grand Jury, and continuing through in or
about April 2005, within the Southern District of California and elsewhere,
defendants Kyle Dustin Foggo aka ‘Dusty’ Foggo, and Brent Roger Wilkes, did
knowingly and intentionally conspire with each other, and with others known
and unknown to the Grand Jury, to commit the following offenses against the
United States: “a)
Honest Wire Fraud, […] “b)
Engaging in Monetary Transactions in Property Derived from Specified Unlawful
Activity, […]” |
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Raid in 2006 & Arraignment in 2007 |
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Reporters film raid at Foggo’s home |
Foggo at the courthouse |
Brent Wilkes |
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Background 1) Kyle Foggo as Executive
Director of the CIA - 2004 - CNN; 2) Former Executive Director of
the CIA, Kyle ‘Dusty’ Foggo arrives at the Federal Courthouse for Foggo’s arraignment
on charges stemming from the corruption of former U.S. Rep. Randy ‘Duke’
Cunningham in San Diego. - February 14th, 2007 - Lenny
Ignelzi/Associated Press; Raid & Arraignment Photos 1) Reporters watch federal agents
raid the home of former CIA Executive Director Kyle 'Dusty' Foggo in Vienna,
Virginia. - May 12th, 2006 - Jonathan Ernst/Reuters; 2) Former Executive Director of
the CIA, Kyle ‘Dusty’ Foggo turns away from cameras as he leaves the Federal
Courthouse following his arraignment on charges stemming from the corruption
of former U.S. Rep. Randy ‘Duke’ Cunningham in San Diego. - February 14th,
2007 - Denis Poroy/Associated Press; 3) Defense contractor Brent
Wilkes arrives at the federal courthouse for Wilkes’ arraignment on charges
stemming from the corruption involving former U.S. Rep. Randy ‘Duke’
Cunningham in San Diego. - February 14th,
2007 - Lenny Ignelzi/Associated Press; |
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