Duke’s Forfeitures Were Entirely Proper
I am just as suspicious as the next guy when it comes to federal authorities overreaching and exerting power for the sake of exerting power. But I think my good friend Adam’s statements criticizing the forfeiture of Duke Cunningham’s personal belongings are sorely misplaced. [Adam, I guess we will have something to talk about on our 5-hour flight to Hawaii later this week.] There are numerous examples of federal law enforcement trampling on the rights of individuals (like Ruby Ridge, for example). But the federal prosecutor’s action in Duke’s case is in no way similar. In fact, if anything, the federal prosecutors were more than fair with Duke. Under federal law the prosecutors are able to seek $50,000 for EACH bribe or unlawful action. (18 U.S.C. § 201.) Furthermore, treble damages (that is a TRIPLING of the damages) are permitted under the False Claims Act. (31 U.S.C. § 3729.) In this case, Duke’s full liability would have probably amounted to millions of… Read More