Lawyers Claim Cunningham is “Penniless”: John Kerry on Duke Cunningham’s $40,000-a-Year Prison Sentence Perk
by Pamela LeaveyFormer Rep. Randy “Duke” Cunningham was due in court today for his sentencing on the fraud charges he pled guilty to on November 28, 2005.
Cunningham’s attorneys asked for six years for the former Navy “Top Gun” flight instructor and Vietnam War flying ace.
“His own misconduct has already left him penniless, homeless, estranged from those he loves and disgraced in the eyes of his countrymen,” they wrote.
Penniless? Not quite, as John Kerry points out — under current law, Cunningham is still entitled to a $40,000 a year pension. Kerry has proposed legislation to change that law. Below is a statement, as received by The Democratic Daily, from John Kerry on former Congressman Randy “Duke” Cunningham’s sentencing today. Kerry has authored two ethics reform measures in the Senate, one of which would take away Cunningham’s Congressional pension:
“Even after Duke Cunningham’s prison sentencing today, he’ll still be getting a perk most Americans only dream of – a $40,000 a year pension, courtesy of taxpayers. It is wrong that hardworking taxpayers are funding the retirement of convicted criminals. We need to pass legislation to rewrite these rules that fly in the face of common sense. The question is whether this Congress will right this wrong, or whether we’ll have to wait for change in November.”
Banning Taxpayer-funded Pensions for Criminals
John Kerry’s Congressional Pension Accountability Act – or “The Duke Cunningham Act” – would deny taxpayer-funded pension benefits to Members of Congress who are convicted of crimes such as bribery, conspiracy, or other serious ethics offenses.
Under current law, only a conviction for a crime against the United States, such as treason or espionage, causes U.S. Representatives and Senators to lose their Congressional pensions. Unless the law is changed, Cunningham will be allowed to receive his Congressional pension of approximately $40,000 per year.
Inspector General for Congress
John Kerry has introduced legislation to establish an independent Congressional Inspector General to investigate violations of the law and ethics rules by Members of Congress and Congressional staff.
Kerry’s legislation creates an independent Congressional Inspector General, similar to those at federal agencies. The Inspector General would conduct investigations into ethics abuses and provide a public report to the Justice Department or ethics committees describing any credible evidence of improper conduct or illegal activities. Any person—including the public—would be able to request an investigation by providing a sworn statement made under penalty of perjury. The Inspector General would release an annual report of violations by Members of Congress and Congressional staff.
Related News: Cunningham sentenced to 8 years, 4 months in prison in corruption case.
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8 years, OK
The “Duke Cunningham Act” is even better. Not only does he get it named for him, it might actually discourage some of the other contenders. Can they make it retroactive?
I’m confused here. Mr. Cunningham earns a pension, but now we take it away because he was convicted of a crime? Doesn’t that sound like punishing someone twice for the same crime? What about fairness here or have we all gone the way of Hitler and Stalin? Enough is enough already. Leave the pension alone.
GaLiberal
I think the point is that if he were convicted of a different type of crime he would loose the pension. Defrauding Americans to the tune of a couple of million is no small deal. I dont think if this passes it will affect, but it may make others think twice before doing what he did.
GaLiberal,
“Cunningham, who collected $2.4 million in homes, yachts, antique furnishings and other bribes on a scale unparalleled in the history of Congress, was sentenced Friday to eight years and four months in prison, the longest term meted out to a congressman in decades.”
The other part of the sentence was 1.8 mil restitution for tax evasion.
As I essentially pointed out, the law cannot legally apply to him as it was not in effect at the time of his criminal action. Fair? Justice is letting the punishment fit the crime? Losing half a million in pension after taking 2.4 in bribes and evading ??? in taxes that the rest of us would have had to make up is unjust OR unfair? After using his elected office to take influence gifts that he didn’t pay taxes on.
As far as honestly earning a Pension and having it taken away, talk to any of the just regular folks who have had their retirement savings burned at Silverado, Enron and elsewhere. I think this is a reasonable penalty for members of Congress to face for these kinds of gross infractions. The sentence could have been 10 years.
We impose harsher sentences for killing cops in the line of duty. For people who are in positions of trust that abuse children in their care. I don’t think it’s fair having to pay taxes to support someone who abused the power of their office to this extent. We will have to pay for his prison custody as it is. That’s close enough to 40 k a year.
And Cunningham will be able to vote while he is in prison as well as after.
You think this is unfair, fine. But the Hitler/Stalin comparison is a transparent means of avoiding making a specific argument. Given the amount of financial crime and tax money the GOP has wasted, enough IS enough.
The law would apply to all members, regardless of party.
Some people seem to think that white collar crime isn’t as bad as violent crime. I have come to believe it is worse. At least the thugs don’t pretend. You can even get a license to carry a gun to protect yourself from them.
John Kerry was a war hero and had prostrate cancer. That didn’t stop the pigs from trying to destroy him.
Max Cleland lost three limbs in Viet Nam. What mercy was shown him? He hadn’t even committed a crime, but they slimed him real well.
Did Cunningham ever step up and express any concern for the way they were being vilified? Did he show any concern when his fellow veterans were being slimed and distorted?
I was in the military. I have all the respect in the world for fellow veterans. But, they must earn my respect by returning that respect to ALL other veterans. Not just the ones who share their political view points.
When they went after John McCain, even tho I was not a McCain supporter, I was thoroughly disgusted by it. I even wrote letters to the editor about it.
So, no, I can have no sympathy for Cunningham, nor any other Right wing zealot, who stood by and watched a right wing chickenhawk warmongering campaigner distort and vilify veterans who were opposing them politically.
“…prosecutor Philip Halpern told the judge… that Cunningham “was squandering precious tax dollars for, among other things, systems the military didn’t ask for, didn’t need and frequently didn’t use.”
“Cunningham admitting using his seats on the appropriations and intelligence committees to earmark funding for programs intended for the companies of Mitchell J. Wade and Wilkes. He then “bullied and hectored” Pentagon officials to ensure their firms, MZM Inc. and ADCS Inc., were awarded federal contracts,”
This is THE ace pilot from VietNam who became an instructor in the Naval Top Gun flight school.
As Teddy Roosevelt said “Any man can stand adversity. If you really want to test a man’s character, give him power”
And when he abuses it and costs the taxpayers millions of dollars that go to the Military-Industrial-Congressional complex, he still gets his pension. Tax money that could have been spent rebuilding the New Orleans levees, the Port and the Mississippi levees.
“Despite the conviction, Cunningham will get a congressional pension. Peter Sepp, spokesman for the National Taxpayers Union, estimated that Cunningham’s 15 years in the House will make him eligible for about $36,000 a year. With his 21 years of Navy duty added to that total, his annual pension would be about $64,400,”
That would be 5 K a month, plus his Social Security. He is 64 years old. Is this why “entitlement” got to be such an evil thing?
All this, and yet most Veterans have to struggle to make ends meet and get proper health care. I really don’t get it!