Congressmen Subpoenaed in Bribery Case

Defense lawyers have subpoenaed several members of Congress, of both parties, to testify in an upcoming trial of one of the men accused of bribing a former California congressman, people close to the House Appropriations Committee told Portfolio.com.

The subpoenas mark a new tactic by lawyers for Poway, California, businessman Brent Wilkes, who has been indicted in two separate cases stemming from an investigation into the bribery of Representative Randy Cunningham, a San Diego Republican.

The subpoenas involve Wilkes' first trial, scheduled to start this month, which relates to his dealings with the now-imprisoned Cunningham. Wilkes was the owner of defense contracting firm ACDS, which obtained lucrative contracts, including intelligence-related contracts, allegedly with behind-the-scenes help from Cunningham in exchange for bribes.

The subpoenas and the names of the House members are due to be made public this evening on the House floor. House rules require such public disclosure if a member or congressional staffer receives a subpoena in a criminal case.

Although the lawmakers have been subpoenaed, it isn't clear if they actually will end up being called to testify. But questions under oath could prove embarrassing to current members and the appropriations committee, which never investigated the committee's role in Cunningham's moves to steer contracts to Wilkes' companies, and those of another man, Mitchelll Wade.

Cunningham was a senior member of the committee. Wade pleaded guilty to charges related to payments to Cunningham in exchange for contracts for his company, MZM Inc.

Wilkes also faces another trial on allegations of improper financial dealings in obtaining contracts from the Central Intelligence Agency. His lifelong friend, Kyle "Dusty" Foggo , formerly the third-ranking C.I.A. official, also was indicted in the case.

by Scot Paltrow

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