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May 2nd, 2007 - Separate Trial, Transfer of Venue Sought for Ex-CIA Official

News article by San Diego Union-Tribune

Profile of Kyle Foggo

Separate Trial, Transfer of Venue Sought for Ex-CIA Official

 

By Kelly Thornton

San Diego Union-Tribune

May 2, 2007

 

Downtown San Diego – Lawyers for former CIA official Kyle “Dusty” Foggo, who is charged in a corruption case spun from the Randy “Duke” Cunningham bribery scandal, have asked a judge to move his trial to Washington, D.C., and to allow him to be tried separately from fellow defendant Brent Wilkes.

 

In the request for a transfer, filed in federal court this week, lawyers reasoned that the case is centered mostly in the district that includes Washington, D.C., with most of the alleged crimes occurring there. Foggo, his family, his lawyers, and most potential witnesses for both the prosecution and defense reside there.

 

As for the motion to create two trials, the lawyers wrote that Foggo has been unfairly linked to the Cunningham case in San Diego news reports.

 

“Mr. Foggo is not charged with bribery or with any conduct related to Mr. Cunningham and is not implicated in any way to the often-reported 'debauchery' or 'prostitution' acts described in the second indictment filed against Mr. Wilkes,” said the court document written by lawyers Mark J. MacDougall and W. Randolph Teslik.

 

A grand jury in San Diego issued two indictments in February. One charges Wilkes and Foggo with conspiracy, money laundering and honest services fraud. The government said Foggo used his influence at the CIA to direct $1.7 million in business deals to his best friend, Wilkes, who in turn lavished Foggo with gifts, expensive dinners, trips to Scotland and Hawaii, and promises of high-paying future employment, the government alleged.

 

A second indictment charges Wilkes, but not Foggo, with 25 counts of conspiracy, fraud, money laundering and bribing a public official. The document details $700,000 in gifts Wilkes allegedly bestowed on Cunningham, such as prostitution services and luxury vacations, so the Rancho Santa Fe Republican would steer $100 million in federal government contracts toward Wilkes' flagship company, Poway-based ADCS Inc.

 

Both men have pleaded not guilty.

 

Cunningham was sentenced to more than eight years in prison last year after pleading guilty to conspiracy and tax evasion. In his 2005 plea agreement, Cunningham said he took at least $2.4 million in improper gifts in return for helping Wilkes and a one-time associate, Mitchell Wade, gain defense contracts. Wade also pleaded guilty.

 

Foggo's lawyers wrote in the documents that a severance would serve the interests of justice.

 

“The allegations against Mr. Foggo do not pertain to Mr. Cunningham or Mr. Wade, both of whom have pled guilty to multiple felonies,” the lawyers wrote.

 

U.S. District Judge Larry Burns is scheduled to hear arguments on these and other matters May 14.

 

External link: http://www.signonsandiego.com/news/politics/20070502-9999-1m2foggo.html

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