Duke Cunningham Randall Harold Cunningham ( born December 8 , 1941 ) , usually known as Randy or Duke , is a United States Navy veteran and former Republican member of the United States House of Representatives from California ' s 50th Congressional District from 1991 to 2005 . Cunningham resigned from the House on November 28 , 2005 , after pleading guilty to accepting at least $ 2 . 4 million in bribes and under - reporting his income for 2004 . He pleaded guilty to federal charges of conspiracy to commit bribery , mail fraud , wire fraud and tax evasion . On March 3 , 2006 , he received a sentence of eight years and four months in prison and was ordered to pay $ 1 . 8 million in restitution . Prior to his political career , Cunningham was an officer in the US Navy for 20 years . Together with his Radar Intercept Officer , William P . " Irish " Driscoll , Cunningham became the only navy flying ace from the Vietnam War to obtain five confirmed aerial victories during that conflict , and one of only five U . S . aviators to become an ace during that conflict . To date , Cunningham and Driscoll are the two last aircrew of the United States Navy to achieve " ace " status . Following the war , Cunningham was later an instructor at the U . S . Navy ' s Fighter Weapons School , better known as TOPGUN , and commanding officer of Fighter Squadron 126 ( VF - 126 ) , a shore - based adversary squadron at NAS Miramar , California . Family . Cunningham was born in Los Angeles to Randall and Lela Cunningham , who both moved there from Pennsylvania during the Depression . His father was a truck driver for Union Oil at the time . Around 1945 , the family moved to Fresno , California , where Cunningham ' s father purchased a gas station . In 1953 they moved again , this time to rural Shelbina , Missouri , where his parents purchased and managed the Cunningham Variety Store , a five - and - dime . In Shelbina , Cunningham relished the times he spent hunting pheasant and deer with his father . Cunningham married his first wife , the former Susan Albrecht , in 1965 ; they met in college and had one adopted son , Todd . Susan filed for divorce and a restraining order in January 1973 , based on her claims of emotional abuse , and the divorce was granted nine months later . Cunningham later stated that in that year , his life hit " rock - bottom . " In 1973 , he met Dan McKinnon , a publisher and son of former Congressman Clinton D . McKinnon . Dan McKinnon encouraged him to turn his life around , and Cunningham became a born - again Christian . Cunningham met his second wife , Nancy D . Jones , at the Miramar Officers ' Club in San Diego and they were married February 16 , 1974 . Nancy was born in 1952 and is also previously married . In 1976 , she filed for divorce and a restraining order , stating that he " is a very aggressive spontaneously assaultive person , and I fear for my immediate physical safety and well being . " Nancy later had a change of heart , so at her request , the court dismissed the divorce in January 1977 . Nancy ' s declaration justifying the restraining order has been sealed by court order since 1990 , when Duke first ran for congress . They have two daughters , April and Carrie . Dr . Nancy Cunningham is an educator for the Encinitas school district . Education and military service . Cunningham graduated from Shelbina High School in 1959 . He attended Kirksville Teacher ' s College for one year before transferring to the University of Missouri in Columbia , Missouri . Cunningham graduated with a bachelor ' s degree in education and physical education in 1964 ; he obtained his Master of Arts in education the following year . He was hired as a physical education teacher and swimming coach at Hinsdale Central High School where he stayed for one year . Two members of his swim team competed in the 1968 Olympics , where they earned a gold and a silver medal . Cunningham joined the United States Navy in 1967 . During his service , Cunningham and his Radar Intercept Officer ( RIO ) " Irish " Driscoll became the only Navy aces in the Vietnam War , flying an F - 4 Phantom II from aboard aircraft carrier s , and recording five confirmed kills . Though he did train with the instructor pilots of the department within fighter squadron VF - 121 " Pacemakers " that later became the US Navy ' s Fighter Weapon School , he was not a graduate of TOPGUN , nor was he selected , at least officially , to participate in actual TOPGUN training . He was undergoing F - 4 conversion training with VF - 121 at the time , in the late 1960s . Cunningham downed a MiG - 17 which was supposedly piloted by North Vietnam Air Force fighter ace Col . Nguyen Toon , aka , " Colonel Tomb " . Although " Colonel Tomb " was actually a myth , a North Vietnamese Air Force pilot from the 921st Fighter Regiment named Nguyen Van Coc did score 9 aerial victories during the war , and his aircraft ( number 4326 ) was adorned with 13 air combat kills . Photographs of this particular MiG - 21 had been circulated in numerous western publications during the late 1960s , which likely influenced the growth of the legendary " Colonel Tomb " . Like many pilots on both sides , they flew what aircraft were available , and the 13 kill markings on MiG - 21 # 4326 were from several pilots within the 921st Fighter Regiment , including one aerial victory by Van Coc himself on May 7 , 1968 , when he downed an F - 4 Phantom ( BuNo " 151485 " ) . Like many fighter pilots in most countries , they held a high regard for tough competition and the North Vietnamese Air Force , no doubt , helped perpetuate the myth of " Colonel Toon " , or " Tomb " . " Colonel Toon " was not only skilled but unorthodox , as Cunningham found out , when the Navy pilot made an elementary tactical error engaging him . Cunningham climbed steeply , and the MiG pilot surprised Cunningham by climbing as well . The resulting dogfight became extended , with both aircraft engaging in a series of vertical Rolling Scissors maneuvers . Remembering his training with VF - 121 , Cunningham finally forced the MiG out ahead of him and destroyed it with an AIM - 9 Sidewinder missile . Cunningham was reportedly almost court - martial ed while an instructor at TOPGUN for allegedly breaking into his commanding officer ' s office to compare his record and fitness reports with those of his colleagues — a charge denied by Cunningham , but supported by two of his superior officers at the time . Regardless of the controversy , there was little doubt about Cunningham ' s piloting abilities . He was one of the most highly decorated United States Navy pilots in the Vietnam War , receiving the Navy Cross once , the Silver Star twice , the Air Medal 15 times , and the Purple Heart for wounds he received under enemy fire . After returning from Vietnam in 1972 , he became an instructor at the Navy ' s TOPGUN school for fighter pilots at Naval Air Station Miramar in San Diego . Cunningham was a commentator on the History Channel program " Dogfights : The Greatest Air Battles " , in the Vietnam War segment , where he discussed his experiences as a fighter pilot . The episode originally aired September 16 , 2005 . Another interview with Cunningham was featured on the 1987 PBS broadcast of the " NOVA " special " Top Gun And Beyond " , during which he recounted his engagement with the mysterious aviator known only by the name " Colonel Tomb " . In 1985 , Cunningham earned an Master from National University . He retired from the Navy with the final rank of Commander in 1987 , settling in Del Mar , a suburb of San Diego . He became nationally known as a CNN commentator on naval aircraft in the run - up to the Persian Gulf War . Political career . Cunningham ' s visibility as a CNN commentator led several Republican leaders to approach him about running in what was then the 44th District , one of four that divided San Diego . The district had been held for eight years by Democrat Jim Bates , and was considered the most Democratic district in the San Diego area . However , Bates was bogged down in a scandal involving charges of sexual harassment . Cunningham won the Republican nomination in 1990 and hammered Bates about the scandal , promising to be " a congressman we can be proud of . " He won by just one percentage point , meaning that the San Diego area was represented entirely by Republicans for only the second time since the city was split into two districts after the 1960 census . Congressional freshmen usually do not get much media attention outside of their home districts or states , but Cunningham ' s status as a Vietnam War hero made him an exception . Colleagues and the media admired him for his special knowledge of the armed forces : he played an important role in the debate on whether to use military force to make Iraq end its occupation of Kuwait . Guy Vander Jagt of Michigan , longtime chairman of the National Republican Congressional Committee , said that Cunningham had considerable " drawing power " and was treated as a celebrity by his fellow Republicans . After the 1990 census , redistricting renumbered the 44th District as the 51st and created the 50th District , splitting off a significant portion of San Diego County . At the same time , the 51st added several areas of heavily Republican North San Diego County . The new district included the home of Bill Lowery , a fellow Republican who had represented most of the other side of San Diego for the past 12 years . They faced one another in the Republican primary . Despite Lowery ' s seniority , his involvement in the House banking scandal hurt him . Cunningham repeated his promise from 1990 to be " a congressman we can be proud of . " As polls showed Cunningham with a substantial lead , Lowery dropped out of the primary race , effectively handing Cunningham the nomination . He breezed to victory in November . Even though the district ( renumbered as the 50th after the 2000 census ) is not nearly as conservative as the other two Republican - held districts in the San Diego area , Cunningham was reelected six times with no less than 55 percent of the vote . Cunningham was a member of the Appropriations and Intelligence committees , and chaired the House Intelligence Subcommittee on Human Intelligence Analysis and Counterintelligence during the 109th Congress . He was considered a leading Republican expert on national security issues . He was also a champion of education , using his position on the Appropriations Education Subcommittee to steer federal dollars to schools in San Diego . After surgery for prostate cancer in 1998 , he became a champion of early testing for the disease . Cunningham was known for making intemperate outbursts . For example : In the " Washingtonian " feature " Best & Worst of Congress " of 2004 , Cunningham was rated ( along with four other House members ) as " No Rocket Scientist " by a bipartisan survey of Congressional staff . While Cunningham said that " I cut my own rudder " on issues , he had a very conservative voting record . He was often compared by liberal interest groups to former congressman Bob Dornan , with some justification ; both are ardent conservatives , both are former military pilots , and both have become infamous for outbursts against perceived enemies . In 1992 , Cunningham , along with Dornan and fellow San Diego Republican Duncan Hunter , challenged the patriotism of then - Democratic presidential candidate Bill Clinton before a near - empty House chamber , but still viewed by C - SPAN viewers . In September 1996 Cunningham criticized President Clinton for appointing judges who were " soft on crime " . " We must get tough on drug dealers , " he said , adding that " those who peddle destruction on our children must pay dearly . " He favored stiff drug penalties and voted for the death penalty for major drug dealers . Four months later , his son Todd was arrested for helping to transport of marijuana from Texas to Indiana . Todd Cunningham pleaded guilty to possession and conspiracy to sell marijuana . At his son ' s sentencing hearing , Cunningham fought back tears as he begged the judge for leniency ( Todd was sentenced to two and a half years in prison , in part because he tested positive for cocaine three times while on bail ) . Cunningham ' s press secretary responded to accusations of double standards with : " The sentence Todd got had nothing to do with who Duke is . Duke has always been tough on drugs and remains tough on drugs . " Legislative achievements . Cunningham was the lead sponsor of the Shark Finning Prohibition Act , which banned the practice of shark finning in all US waters and pushed America to the lead on efforts to ban shark finning worldwide . For his efforts Cunningham was named as a " Conservation Hero " by the Audubon Society and the Ocean Wildlife Campaign . Cunningham co - sponsored , along with Democrat John Murtha , the so - called " Flag Desecration Amendment " , which would add the following sentence to the Constitution of the United States The proposed amendment has passed the House many times , but narrowly missed the requisite 2 / 3 majority vote for passage in the Senate . Cunningham was the driving force behind the Law Enforcement Officers Safety Act which was passed and signed into law by President George W . Bush in July 2004 . The law grants the authority to non - federal law enforcement officers from any jurisdiction to carry a firearm anywhere within the jurisdiction of the United States . Scandals and corruption . Allegations . In June 2005 , a story appeared in the San Diego Union Tribune by Marcus Stern and Jerry Kammer , who would later receive a Pulitzer Prize for their reporting . The story revealed that a defense contractor , Mitchell Wade , founder of the defense contracting firm MZM Inc . ( since renamed Athena Innovative Solutions Inc . ) , bought Cunningham ' s house in Del Mar in 2003 for $ 1 , 675 , 000 . A month later , Wade placed it back on the market where it remained unsold for 8 months until the price was reduced to $ 975 , 000 . Cunningham was a member of the Defense Appropriations Subcommittee ; soon after the purchase , Wade ' s company began to receive tens of millions of dollars worth of defense and intelligence contracts . Cunningham claimed the deal was legitimate , adding , " I feel very confident that I haven ' t done anything wrong . " Later in June , it was further reported that Cunningham lived rent - free on a yacht aptly named the " Duke Stir " while he was in Washington . The yacht was owned by Wade ; Cunningham paid only for maintenance . An article in the San Diego Union Tribune reported that Cunningham liked to invite women to his yacht . Two of them said that he would change into pajama bottoms and a turtleneck sweater to entertain them with chilled champagne by the light of his favorite lava lamp . The Federal Bureau of Investigation launched an investigation regarding the real estate transaction . His home , MZM corporate offices , and Wade ' s home were all simultaneously raided by several federal agencies with warrants on July 1 , 2005 . On July 14 , Cunningham announced he would not run for a ninth term in 2006 , saying that while he believed he ' d be cleared of any wrongdoing , he could not defend himself and run for reelection at the same time . He admitted to displaying " poor judgment " when he sold his house to Wade . Besides Wade , the three other co - conspirators are : Brent R . Wilkes , founder of San Diego - based ADCS Inc . ; New York businessman Thomas Kontogiannis ( whom U . S . Coast Guard records show was involved in a questionable boat deal with Cunningham ) ; and John T . Michael , Kontogiannis ' nephew ( the owner of a New York - based mortgage company , Coastal Capital Corp . Property records show the company made $ 1 . 15 million in real estate loans to Cunningham , two of which were used in the purchase of his Rancho Santa Fe mansion . Court records show that Wade paid off one of those loans ) . In 1997 , Cunningham pushed the Pentagon into buying a $ 20 million document - digitization system created by ADCS Inc . , one of several defense companies owned by Wilkes . The Pentagon did not want to buy the system . When it had not done so three years later , Cunningham angrily demanded the firing of Lou Kratz , an assistant undersecretary of defense he held responsible for the delays . It later emerged that Wilkes reportedly gave Cunningham more than $ 630 , 000 in cash and favors . Cunningham was also criticized for selling merchandise on his personal website , such as a $ 595 Buck knife featuring the official Congressional seal . He failed to obtain permission to use the seal , which is a federal offense . On April 27 , 2006 , months after his guilty plea , Scot J . Patrow , writing for the " Wall Street Journal " , reported that , in addition to all the favors , gifts and money Cunningham received from defense contractors who wanted his help in obtaining contracts , Cunningham may have been provided with prostitutes , hotel rooms and limousines . Plea agreement . On November 28 , 2005 , Cunningham pleaded guilty to tax evasion , conspiracy to commit bribery , mail fraud and wire fraud in federal court in San Diego . Among the many bribes Cunningham admitted receiving were the house sale at an inflated price , the free use of the yacht , a used Rolls - Royce , antique furniture , Persian rugs , jewelry , and a $ 2 , 000 contribution for his daughter ' s college graduation party . Cunningham ' s attorney , Mark Holscher , later said that the government ' s evidence was so overwhelming that he had no choice but to recommend a guilty plea . With the plea bargain , Cunningham faced a maximum of 10 years ; had he fought the charges , Cunningham risked spending the rest of his life in prison . As part of his guilty plea , Cunningham agreed to forfeit his $ 2 . 55 million home in Rancho Santa Fe , which he bought with the proceeds of the sale of the Del Mar house . Cunningham initially tried to sell the Rancho Santa Fe house , but federal prosecutors moved to block the sale after finding evidence it was purchased with Wade ' s money . ( Wade , with others , even paid off the balance Cunningham owed on the mortgage . ) Cunningham will also forfeit more than $ 1 . 8 million in cash , antiques , rugs , and other items . Also as part of the plea agreement , Cunningham agreed to help the government in its prosecution of others involved in the defense contractor bribery scandal . However , news reports surfaced stating that Cunningham was not cooperating with investigators despite the agreement . A week later , Cunningham , through his lawyer , announced that he was ready to cooperate . Resignation . Cunningham announced that he would resign from the House at a press conference just after entering his plea . He submitted his official resignation letter to the Clerk of the House and to California Governor Arnold Schwarzenegger on December 6 , 2005 . Had Cunningham declined to resign , his role in Congress would have been very limited , as House rules do not allow members convicted of felonies to vote or participate in committee work pending an investigation by the Ethics Committee . It is very likely that he would have been expelled from the House , as happened with Democrat James Traficant three years earlier . Under Republican caucus rules , he would have lost his subcommittee chairmanship . In marked contrast to his defiant stand earlier in the year , Cunningham appeared very contrite , sullen and overcome by emotion when he read his prepared statement announcing that he was stepping down : When I announced several months ago that I would not seek re - election , I publicly declared my innocence because I was not strong enough to face the truth . So , I misled my family , staff , friends , colleagues , the public — even myself . For all of this , I am deeply sorry . The truth is — I broke the law , concealed my conduct , and disgraced my high office . I know that I will forfeit my freedom , my reputation , my worldly possessions , and most importantly , the trust of my friends and family . . . . In my life , I have known great joy and great sorrow . And now I know great shame . I learned in Viet Nam that the true measure of a man is how he responds to adversity . I cannot undo what I have done . But I can atone . I am now almost 65 years old and , as I enter the twilight of my life , I intend to use the remaining time that God grants me to make amends . Despite his guilty plea , Cunningham may still receive a pension for his 21 years of service in the navy and almost 15 years in Congress . While federal law only allows the government to strip pensions from federal employees guilty of treason , perjury or trading secrets with the enemy , San Diego benefits expert Robert Goldstein told the " San Diego Union - Tribune " that it is possible the government could still try to take the money from Cunningham . Reactions . Local . Darrell Issa , a Republican who represents the neighboring 49th District , said after Cunningham ' s plea that he ' d been waiting for Cunningham to explain his behavior " in a way that made sense to us " and that Cunningham ' s behavior " fell below the standard the public demands of its elected representatives . " Duncan Hunter , the other Republican then representing the San Diego area , said on November 30 that he and Cunningham spent the rest of November 28 in prayer and that Cunningham wanted to " serve those who are suffering ( and ) to begin his long road of atonement " for his crimes . Many of Cunningham ' s staffers were stunned at the extent of their boss ' s crimes . " Union - Tribune " columnist George Condon suggested in a December 1 column that Cunningham ' s actions " may have put . . . troops at greater risk by judging contracts more for what they would do for him than for the military . " Francine Busby , Cunningham ' s Democratic challenger in 2004 and the Democratic candidate for the 50th District in the runoff election to fill Cunningham ' s vacancy , called November 28 " a sad day for the people " and called for support for her proposed ethics reform bill , the " Clean House Act " , saying that " our government in Washington is broken . " National . In an editorial on November 29 , the Washington Post called the Cunningham affair " the most brazen bribery conspiracy in modern congressional history . " Later that day , President George W . Bush called Cunningham ' s actions " outrageous " at a press briefing in El Paso . He also said that Cunningham should " pay a serious price " for his crimes . House Speaker Dennis Hastert said in a December 6 statement that Cunningham was a " war hero " ; but that he broke " the public trust he has built through his military and congressional career . " Several of Cunningham ' s former colleagues have donated the campaign contributions he had given them , to charity . On February 9 , 2006 , Senator John Kerry introduced a bill , the " Federal Pension Forfeiture Act " ( nicknamed the " Duke Cunningham Act " ) , to prevent lawmakers who have been convicted of official misconduct from collecting taxpayer funded pensions . Sentencing . On March 3 , 2006 , U . S . District Judge Larry A . Burns sentenced Cunningham to 100 months ( eight years and four months ) in prison . Federal prosecutors pushed for the maximum sentence of ten years , but Cunningham ' s defense lawyers said that at 64 years old and with prostate cancer , Cunningham would likely die in prison if he received the full sentence . Judge Burns cited his military service in Vietnam , age , and health as the reason the full ten years was not imposed . Prosecutors announced that they were satisfied with the sentence , which is the longest jail term ever given to a former Congressman . On the day of sentencing , Cunningham was lighter than when allegations first surfaced 9 months earlier . After receiving his sentence , Cunningham made a request to see his 91 - year - old mother one last time before going to prison . " I made a very wrong turn . I rationalized decisions I knew were wrong . I did that , sir , " Cunningham said . The request was denied , and Burns remanded him immediately upon rendering the sentence . Cunningham was incarcerated in the minimum security satellite camp at the U . S . Penitentiary at Tucson , Arizona . He was assigned federal inmate number 94405 - 198 and his scheduled release date is June 4 , 2013 . He spent his time at the prison teaching fellow inmates to obtain their GED , as well as claiming to be a prison reform advocate . As of January 2013 , Cunningham was released to a half - way house in New Orleans , Louisiana , where he is slated to remain until his scheduled release pending no disciplinary infractions . Release from prison . Cunningham was released to a halfway house in New Orleans in February 2013 . On June 4 , 2013 he completed his prison sentence and was released from home confinement . On June 4 , 2013 , Cunningham , 71 , was released from home confinement , said Chris Burke , a spokesman for the Federal Bureau of Prisons who declined to say where or explain the circumstances , citing privacy and safety concerns . Typically authorities meet an inmate at home , work or mutually agreeable place to make the release official . Cunningham told a federal judge last year that he planned to live near his mother and brother in a remote part of Arkansas , writing books in a small cabin . But in a brief interview with The Associated Press in April , he said he might settle with military friends in Florida , where he would write his memoirs . " I ' m like a tenderfoot in the forest , " he said . " I ' m just unsure where to find a branch to sit on . " Cunningham , who had his sentence cut 392 days for good behavior , wrote the judge last year that he would live on $ 1 , 700 a month after his release , saying the IRS " has me poor for the rest of my life . " He portrayed the loss of his home and other property as an example of how veterans are mistreated . " This dark period in my life is about to get a little lighter but do not think it will ever get sunny , " he wrote . In his letter , Cunningham pleaded for a gun permit , saying he longed to hunt in Arkansas . Burns denied the request as being beyond the scope of his authority . Pensions . Cunningham is eligible for government pensions from 21 years of service in the Navy and 15 years in Congress . However , prosecutors may challenge them or seek back taxes and penalties .