Posted on 09/01/2007 2:21:24 PM PDT by radar101
A federal prosecutor in the Randy “Duke” Cunningham case calls it a coincidence that the daughter of a key witness in the scandal purchased a home from the prosecutor's late uncle. Assistant U.S. Attorney Phillip Halpern, one of four prosecutors in the case, had not seen his father's brother, Leonard Halpern, for about four years prior to the uncle's death in 2003. Further, he was not an heir to his uncle's estate and received no money from the sale of the Nassau County, N.Y, property in 2005.
The details are contained in court papers filed Wednesday by prosecutors asking a judge to reject the defense's request to dismiss the case against New York mortgage broker John Michael based on government misconduct.
Michael and Poway defense contractor Brent Wilkes are accused of money laundering in the Cunningham bribery scandal. The former Republican congressman is accused of taking cash and gifts in return for steering millions in government contracts to defense contractors. He was sentenced to eight years, four months in prison after pleading guilty to tax evasion and conspiracy charges.
A key witness in the case is New York developer Thomas Kontogiannis, who pleaded guilty in February to laundering bribe money for Cunningham, the details of which have been kept from the public.
Kontogiannis' daughter, Annette Apergis, purchased the New York home in June 2005 from Leonard Halpern's widow. Apergis used one of her father's bank accounts – that was later linked to the Cunningham scandal – to purchase the home from the prosecutor's uncle, Granger wrote. The lawyer argues the account contained funds generated by Kontogiannis' criminal activity.
Halpern learned about the transaction when Michael's defense attorney, Ray Granger, told him about the link.
Granger argues in court papers the government should be punished for allowing Kontogiannis to continue profiting from the crimes he was convicted of. The lawyer points to the real estate transaction as one example.
Further, Granger questioned why the sale was not recorded until March, the month after Kontogiannis took a plea deal from prosecutors.
Granger wants the case against his client dismissed. If Judge Larry A. Burns declines to dismiss the case, then Kontogiannis should be barred from testifying against Michael and/or the entire U.S. Attorney's Office in San Diego should be removed from the case, Granger said.
Prosecutors deny Kontogiannis is benefiting from his crimes.
Further, there is no precedent for removing an entire U.S. Attorney's Office, much less a prosecutor, for a land deal involving a distant, deceased relative.
And as Halpern noted, he had a very distant connection to his uncle and did not receive any benefit from the sale.
“In approximately September 2005, I learned that Mr. Kontogiannis lived on the same street as my father's brother,” Halpern wrote in an affidavit submitted to the judge. “Other than remarking on the coincidence to the members of the investigation team, I took no action as a result of learning of this coincidence.”
Neither a spokeswoman for the San Diego U.S. Attorney's Office nor Granger immediately returned messages seeking comment. A hearing has been scheduled for Sept. 4 at which Judge Burns is expected to rule on the issues.
I expect nothing but a term in a re-education camp from the Democrats. They can't hurt or dissapoint me. Corruption and scumminess from the Republicans I've believed in cuts very deep.
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