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Federal Grand Jury Set to Indict Contractor Connected in Cunningham Scandal

A federal grand jury met Tuesday to consider indictments against a former top CIA official and a defense contractor linked to the bribery scandal that sent former U.S. Rep. Randy "Duke" Cunningham to

A federal grand jury met Tuesday to consider indictments against a former top CIA official and a defense contractor linked to the bribery scandal that sent former U.S. Rep. Randy "Duke" Cunningham to prison.

Prosecutors are seeking charges of honest services fraud and conspiracy against Kyle "Dusty" Foggo, the No. 3 official at the CIA until resigning in May, and his close friend, San Diego defense contractor Brent Wilkes, two government officials familiar with the investigation have told The Associated Press.

One of the officials confirmed the grand jury reconvened Tuesday morning. It's expected the grand jurors will decide on indictments before the end of the day.

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Both officials spoke only on condition of anonymity because grand jury proceedings are secret.

Honest services fraud is a combination of mail and wire fraud often used in public corruption cases involving officials who have engaged in a pattern of improper activities, such as accepting gifts, trips or promises of future employment from private individuals.

The officials said the government is seeking a second indictment that would charge Wilkes and two other alleged Cunningham co-conspirators - New York businessman Thomas Kontogiannis and his nephew, John T. Michael - with bribery and several conspiracy counts.

The grand jury began hearing evidence in 2005 against Cunningham, at the time an eight-term congressman who served on the House Appropriations Defense Subcommittee and the Intelligence Committee. Cunningham's subcommittee assignment made him a key figure in the awarding of defense contracts.

Cunningham pleaded guilty to taking $2.4 million in bribes from defense contractors - including payments for a mansion, a used Rolls-Royce and a yacht - in return for funneling contracts to certain companies. He was sentenced to more than eight years in prison last March.