Cunningham Claims Due Process Violated

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The couple also argue that the action to block and eventually move to seize the proceeds of a sale has resulted in "low-ball" offers far below the $3.5 million they are seeking for the property.

In July, the government attempted to block the sale by filing what was initially a secret notice of its interest in the property. U.S. attorneys contend that Cunningham, R-Escondido, bought the home in part with money obtained in violation of bribery statutes.

In pleadings filed Tuesday in the government's civil case seeking forfeiture of the home, Cunningham's attorneys argue that the government's action was a clear violation of federal law.

They contend U.S. attorneys in San Diego violated the law when they filed a lis pendens, a notice that the government had filed a civil suit against the property, and then sealed and never served the couple with notice of the suit.

As a result, the Cunninghams are asking a judge to "remedy the government's knowing violation of their due process right by awarding monetary damages as well reasonable attorneys' fees and costs," the attorneys state. The amount being sought was not specified.

The U.S. attorneys handling the case could not be reached for comment late Tuesday afternoon.



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