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Cunningham bribery figure too sick for prison, his attorneys say
By: TERI FIGUEROA - Staff Writer
Thomas Kontogiannis faces up to 10 years in federal custody | ∞
SAN DIEGO -- Attorneys for a wealthy businessman who admitted funneling bribe money to former lawmaker Randy "Duke" Cunningham say in court documents filed this week that their client is far too ill, in fact gravely so, to go to prison.
New York financier Thomas Kontogiannis, a key figure in the scandal that landed the former North County congressman in a federal prison, is set to be sentenced Monday. He faces a maximum sentence of 10 years in federal prison and a maximum fine of $250,000.
Kontogiannis pleaded guilty in February to one count of money laundering for using his family's mortgage company to channel more than $1 million in bribes to pay off Cunningham's lavish Rancho Santa Fe estate in 2003.
The businessman, in his pledge to cooperate with the government, has also admitted to as much as $100 million in mortgage fraud unrelated to the Cunningham case, according to the newly filed court documents.
But Kontogiannis -- who has been charged with bribery three times in the last 14 years -- has a grave heart condition, his attorneys argued in the documents. They asked the court to postpone the sentencing so their client can have bypass surgery.
"Absent immediate cardiac surgery, he may only survive a matter of months," defense attorney Colin Murray wrote in a motion filed Tuesday.
The defense filing indicates that the 59-year-old Kontogiannis suffers from Type-2 diabetes, high blood pressure, elevated cholesterol and heart disease.
When Kontogiannis does finally face the judge for his punishment, the businessman is asking that his "dire prognosis" erase prison time as a sentencing option, Murray wrote.
"Any term of incarceration could well amount to a death sentence," Murray wrote.
Even with surgery, Murray wrote, doctors give Kontogiannis "a mere five to seven years to live."
Kontogiannis' defense attorneys -- Murray in San Diego and Gregory O'Connell in New York -- were both out of the office Wednesday. Neither returned telephone messages seeking comment.
Federal prosecutors said they will soon file a response with the court, but had not done so by late Wednesday afternoon.
Kontogiannis has already forfeited to the government more than $1 million related to the bribery scheme.
Ailments did not keep Cunningham out of jail after he admitted he'd been on the take to the tune of $2.4 million.
Prior to sentencing, the lawmaker's attorneys argued that Cunningham had suffered prostate and skin cancer. Although both cancers were in remission, his attorneys argued that Cunningham still needed constant medical monitoring.
U.S. District Judge Larry Alan Burns was not swayed, sentencing Cunningham to eight years and four months in federal prison.
Burns is also handling Kontogiannis' case, and the sentencing is solely up to him.
Other documents filed by Kontogiannis' attorneys this week revealed that Kontogiannis admitted to federal agents that he took part in what could be as much as $100 million in unrelated mortgage fraud.
In a declaration filed with the court Tuesday, one of Kontogiannis' civil attorneys, Robert Wolf, said he has made arrangements to use Kontogiannis' holdings to cover the $100 million in potential losses that a handful of banks could suffer as a result of the fraud.
Kontogiannis' defense attorneys, in a separate court filing, argued to the judge that the fraud admissions cannot be used against Kontogiannis in his sentencing, because Kontogiannis told federal agents about the $100 million in fraud as part of his deal to cooperate.
Also, they argue, the banks have not taken a hit because Kontogiannis is covering the $100 million in false mortgages.
Federal prosecutors have accused four men of conspiring to bribe Cunningham.
Kontogiannis admitted to money laundering and defense contractor Mitchell Wade admitted to plying the lawmaker with $2.4 million to win lucrative government work.
Last month, a jury convicted a second defense contractor, Brent Wilkes of Poway, of bribery and other charges in the case. Wilkes' attorney said he will fight the conviction.
The fourth alleged conspirator is John T. Michael, Kontogiannis' nephew by marriage. Michael ran the mortgage company used to pay off Cunningham's home loans. Michael has pleaded not guilty; his jury trial is set for Jan. 29.
-- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.
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So wrote on Nov 29, 2007 1:33 AM:Send him to prison anyway. Excuses excuses.
Randy wrote on Nov 29, 2007 4:28 AM:He wasn't too sick to party!
Stan: wrote on Nov 29, 2007 5:52 AM: No dodge here - put him in the prison infirmary.
rot in jail wrote on Nov 29, 2007 6:27 AM:Let him deal with his weight problems in jail. Bad health not an excuse for criminal behavior.
Oh poor baby.. wrote on Nov 29, 2007 9:12 AM:Wasn't sick enough to not hustle and bustle tax payers loot. Stick him where the sun doesn't shine... in a three deep prison.
just wondering wrote on Nov 29, 2007 10:24 AM:How many heart attacks did he give the investors of his company? They too were given life sentences.
paul wrote on Nov 29, 2007 10:49 AM:Send him to prison and if he needs medical treatment at an outside facility let him pay for it.
what a joke wrote on Nov 29, 2007 1:58 PM:He paid off a doctor to have the surgery. He pays off EVERYONE. I hope ST. Franices hospital knows what they are getting themselves into.
Right on wrote on Nov 29, 2007 2:24 PM:Yes Paul, your right, let him pay for it. He can pay for the medical attention he claims to need with the stolen money or the money he is hiding....
What a Joke wrote on Nov 29, 2007 3:43 PM:He is at it again. He is paying off Doctors to earn a get out of jail free card. He has NO heart problems. As someone who knows him and the family, he is laughing at the Justice system and we let him..
goin to Greece wrote on Nov 29, 2007 3:55 PM:He wasn't too sick to float around on a 160 foot yacht with 14 family members to the isles of Greece and the French Riviers, but he is too sick to finally pay for his career in crime. It is "Teflon Don" not "Teflon Tom"...LOL what quack did he PAYOFF to evade officials???
Carlito wrote on Nov 29, 2007 4:43 PM:"Cunningham bribery figure too sick for prison, his attorneys say." How predictable!!
What a Joke wrote on Nov 29, 2007 4:59 PM:He has been calling in favors for weeks to get a heart operation. Someone finally agreed to take the payoff. When they operate, they will find the man has NO HEART. He is evil.
Jessie wrote on Nov 29, 2007 5:07 PM:Dear Editor, You want info regarding TK, We have it all. Just watch the blogs and the truth is coming out. If you do your homework and look into the blogs you wont print, you will find eveything your looking for and then some...
His time will come wrote on Nov 29, 2007 5:14 PM:"ONE WAY OR ANOTHER, THEY ARE GOING TO FIND YA THEIR GOING TO GET YA,GET YA, GET YA"
Tom wrote on Nov 29, 2007 5:22 PM:Hope that Doctor knows what he got into. He is about to put his career on the line to help a career crimanal avoid jail. Hope he made it worth his while when govenment officials question TK's condition. You do know that lying to a Government official is a crime in its self.
Blake wrote on Nov 29, 2007 5:25 PM:He is has a BIG MOUTH. He will BRAG again how he paid off a Doctor to get out of jail. He cant keep his mouth shut,that is what got him in trouble to begin with.
As for the trip.. wrote on Nov 29, 2007 5:31 PM:If they dont get this "man" soon, he is going to skip town and every day will be a vacation. He will hide in the hills and good luck getting him back. Those who know him know his family means nothing. He will say "SEE YA HATE TO BE YA"...
SONYA wrote on Nov 29, 2007 5:46 PM:This is crazy. I have been following the Duke Cunningham scandal and I did my research on this man. I cant understand how they let a person in the United States get away with all these crimes, pay a fine and NO JAIL EVER. Now this "illness". Give me a brake please...
Will wrote on Nov 29, 2007 5:57 PM:WOW. Can you believe that this allowed to go on. Cuff him to the hospital bed and have him face trial via video.
David wrote on Nov 29, 2007 6:23 PM:Would someone put this guy away already.How much more are you going to let him get away with. WAKE UP.
I wonder wrote on Nov 29, 2007 6:28 PM:Do you think he ate to much at Thanksgiving? Mabey he only has gas and thinks he has a heart problem. He had alot to be thankful for. He lives in a country that lets him commit these crimes and never spend a day in jail and if the government dont smarten up he will be giving thanks on Christmas too.
Mary wrote on Nov 29, 2007 6:39 PM:It seems if the Government don't get with the program they will waste more of our hard earned tax dollars looking for this piece of work in the isles of Greece and anywere his 160 ft yaght can take him. There is a clue for you.
Andrew wrote on Nov 29, 2007 6:41 PM:The man skipped bail and went on a four star vacation and he got a slap on the wrist. He is at it again is right. I wonder when is time will be up???? Someone stop the madness and get this guy already.
Greg wrote on Nov 29, 2007 6:55 PM:I wonder if anyone is looking into the history of the "Doctor". I am sure he is a friend of the family or mabey Tom K made a donation to one of the good doctors foundations, mabey promised a new wing on the hospital.It will come out.The qustion is when it does will anyone DO SOMETHING ABOUT IT???
Clare wrote on Nov 29, 2007 7:05 PM:I just dont want to believe this. I just googled this man and you can ready endless of articles on his life of crime.He plead guilty to paying off people to obtain Visa's. He needs to be stopped. With all that is going on with immagration we have someone giving Visa's to God only knows who. For all we know he could have helped another Terrorist come to this country.
Victoria wrote on Nov 29, 2007 7:09 PM:This is going to be made into some movie. I hope it has a happy ending with this person in jail for life.
Come on wrote on Nov 29, 2007 7:26 PM:Dear Editor, Come on print the truth about the man. List his crimes. Remember, he did plead guilty to them and that is public record.The comment about the visa's is the truth and you know it.
Dear Clare wrote on Nov 29, 2007 7:28 PM:He is the "Terrorist" and he is here.
Olivia wrote on Nov 30, 2007 5:35 AM:I love the quote from the Blonde song.
Vista Native wrote on Nov 30, 2007 12:39 PM:Cry me a river!
TK Fan wrote on Dec 5, 2007 11:35 AM:wow everybody wants this mans head meanwhile hes just the small fish in the pond. I would rather him NOT go to jail and help the government catch the big fishes out there. And nothing ever came out of your pockets anyway so stop complaining!!!!!!!!!!!! GO TK!!!!!!
Why? wrote on Dec 10, 2007 7:12 AM:Why are there not any articles written about TK in the New York Times? New York Post? New York Newsday? Try calling the reporters at the stations...They haven't heard of him or is it they will not talk of him? Give them information and wait...still not one word. Doesn't he live in New York? Right! Could this man could be a bigger fish than some want to believe? Speaking of fish....What about Tunafish? Why would TK want to be partners in a prepared salad/food manufacturing company in Brooklyn,N.Y. Flordia. Blue Ridge Farms/ Chloe Foods? Could it be that it is known that cash is King in buying of these products? Their own transportation trucks? Maybe if someone question the littlest fish there ..., then we will be able to fry quite a few fish or bake... it's healthier. Now that health is an issue. Maybe some N.Y. reporters should checked out the courts in N.Y. with TK and the ... name? To See what's cooking there? Yeah right!
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