REGION: Feds may seek tougher sentence for Cunningham figure

Poway's Brent Wilkes serving 12-year term for bribing former congressman

By TERI FIGUEROA - Staff Writer | Thursday, March 27, 2008 12:05 PM PDT ∞

Calling a 12-year prison sentence "unreasonable," federal prosecutors have positioned themselves to ask an appellate court to toughen the prison sentence a judge handed Poway defense contractor Brent Wilkes.

Wilkes has been behind bars since he was sentenced last month following his conviction for bribing former North County U.S. Rep. Randy "Duke" Cunningham.

A jury found that Wilkes gave Cunningham $636,000 in mortgage payments for the then-congressman's home and boat, as well as treating him to lavish vacations and encounters with prostitutes.

In return, the Republican lawmaker who represented the 50th Congressional District steered more than $80 million in taxpayer-funded defense contracts to Wilkes now-defunct firm, ADCS, Inc.

Wilkes filed notice with the 9th Circuit Court of Appeal that he plans to fight his November conviction. At the end his month-long trial, a San Diego federal court jury found Wilkes guilty on all 13 counts that included bribery, conspiracy, money laundering and wire fraud.

Late last week, prosecutors filed notice of a cross appeal, stating that sentence U.S. District Judge Larry Alan Burns gave Wilkes "was a result of an incorrect application" of federal sentencing guidelines.

The one-page document is a notice to the court that the government may later lodge a detailed complaint regarding the sentence. The filing does not indicate what sentence prosecutors believe is appropriate.

"No comment," said Debra Hartman, the spokeswoman for the U.S. Attorney's office in San Diego, when asked about the filing.

At Wilkes' Feb. 19 sentencing, prosecutors asked Burns to sentence Wilkes to up to 25 years in prison.

The minimum punishment they sought for Wilkes was double the time Burns handed Cunningham, who pleaded guilty in 2005 to bribery and tax evasion.

Cunningham is serving his sentence of eight years, four months in a federal prison work camp near Tucson, Ariz.

In court documents filed prior to Wilkes sentencing, prosecutors described the defense contractor as the spider and Cunningham the fly in the massive corruption case, characterizing Wilkes as "the poster boy for war profiteering."

Wilkes' lawyer, federal public defense attorney Shereen Charlick, was not immediately available for comment.

The 53-year-old Wilkes is in the process of being transferred from the Metropolitan Correctional Center in San Diego to an unidentified federal prison.

"Due to security concerns, that's not something we can talk about until he arrives at his designated facility," jail spokeswoman Karen Banks said this morning.

Wilkes had been at the 12-story downtown jail since his sentencing.

Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com. Comment at nctimes.com.

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9 comment(s)[-]Go to Top

Umm.. wrote on Mar 27, 2008 12:38 PM:I'd like to see these folks doing roadside labor down here with the working stiffs who's tax dollars they wasted.

Mike wrote on Mar 27, 2008 4:34 PM:He'll be getting a pardon in about nine months anyway.

phil wrote on Mar 28, 2008 8:35 AM:"Duke" should waste in Prison but he is a friend of Jeb and George and can expect a pardon in December this year. ...unless
an inmate in his prison does give him final justice so he leaves prison at room temperature.

Dennis wrote on Mar 28, 2008 8:43 AM:I wouldn't be surprised to see all of those convicted to get a pardon at the end of Bush's term. After all, that's the Corporate/Government way; pardon'em, give'em a job lobbying Congress or as some CEO in a corporation, or hired to work in a conservative think tank, or teach at some university.

You don't have to be a blind conservative not to see it, just an ignorant one to deny it.

Beaumarchais wrote on Mar 28, 2008 10:28 AM:This is a direct appeal to the brothers at Randy Cunningham's work camp... our hope is that one of you lifers will take it upon themselves to ensure that Randy Cunningham is unable to receive a Pardon in December 2007 or January 2008.

Low wrote on Mar 28, 2008 11:58 AM:Just as God has Mercy on us every day I think we shoud do the same. I don't feel Sorry for Duke (he did get greedy), but he is a war hero. No that is not an exuse, but what he has done does not deserve to be treated like a rapist, or child abuser. So to the one who suggested a "brother" lifer take care of Duke, I pray God has more mercy on you than you seem to have for your own Country man.

Hey Suze wrote on Mar 28, 2008 1:45 PM:"No that is not an exuse, but what he has done does not deserve to be treated like a rapist, or child abuser. So to the one who suggested a "brother" lifer take care of Duke, I pray God has more mercy on you than you seem to have for your own Country man."

Well he did the rape plunder pillage thing pretty good; being a war hero is neither excuse or defense, sorry. What he did was to stab a knife in the heart of Democracy - treason. The enemy is within.

Mike wrote on Mar 28, 2008 3:43 PM:Please give the "war hero" thing a rest. Cunningham was an arrogant fly boy. His only regret was getting caught.

anotherview wrote on Mar 28, 2008 7:35 PM:A few appear to want more than justice for Mr. Cunningham. They want vengeance, too. Please consider, Dear Reader, that the man publicly took responsibility for his crimes and that he did cooperate with the authorities to help bring others to justice. Please also consider that this man has lost more than his freedom and liberty while in prison. He has forever lost his good reputation and his honor. He has fallen into profound disgrace. After all, he let down his constituents and his country. History will mark him as an individual who, suffering from greed, took advantage of his high position for personal gain. Even if he should receive a pardon, his punishment will endure in the eyes of posterity. He cannot escape his awful fate.

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