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Shark Finning Prohibition Act

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The Shark Finning Prohibition Act was signed into law by Bill Clinton on December 21, 2000. It had forbidden finning by any vessels in the U.S. Exclusive Economic Zone (up to 200 nautical miles (370 km; 230 mi) offshore), and possession of fins by any U.S.-flagged fishing vessels on international waters . It also prohibited any fishing vessel from landing at a U.S. port with shark fins whose weight exceeds 5% of the total weight of shark carcasses landed or on board. These provisions left loopholes that would successfully be exploited in its first court test.

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120-498: H.R. 5461 was introduced on October 12, 2000, by Rep. Randy (Duke) Cunningham ( R - CA ) with no co-sponsors. It was referred to the House Committee on Natural Resources , which then referred it Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs on October 20, 2000. Ten days later, it was brought up on motion to suspend the rules and pass the bill, and was agreed to by voice vote. On October 31, 2000, H.R. 5461

240-677: A Catholic church dedicated to the Virgen del Carmen . This new capital was founded on 2 January 1776. On 15 September 1821, Gabino Gainza Fernandez de Medrano and the Captaincy General of Guatemala , an administrative region of the Spanish Empire consisting of Chiapas , Guatemala, El Salvador , Nicaragua, Costa Rica, and Honduras, officially proclaimed its independence from Spain at a public meeting in Guatemala City. Independence from Spain

360-515: A biodiversity hotspot . Although rich in export goods, around a quarter of the population (4.6 million) face food insecurity . Other extant major issues include poverty, crime, corruption, drug trafficking, and civil instability. With an estimated population of around 17.6 million, Guatemala is the most populous country in Central America, the 4th most populous country in North America and

480-466: A Republican who represented the neighboring 49th District , said after Cunningham's plea that he had 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". Francine Busby , Cunningham's Democratic challenger in 2004 and the Democratic candidate for the 50th District in

600-493: A Vietnam war hero made him a sought-after source, by colleagues and the media, in the debate on whether to use military force against Iraq in the lead up to the first Gulf War . 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

720-402: A bomb exploded near his carriage. It has been suggested that the extreme despotic characteristics of Estrada did not emerge until after an attempt on his life in 1907. Guatemala City was badly damaged in the 1917 Guatemala earthquake . Estrada Cabrera continued in power until forced to resign after new revolts in 1920. By that time his power had declined drastically and he was reliant upon

840-563: A common practice, could not be prosecuted. His concern was resolved with an amendment that relied on the definition of "fishing vessel" in the Magnuson–Stevens Fishery Conservation and Management Act . This included not only those engaged in fishing but vessels that "aided and assisted" such fishing, including the refrigeration, storage and transport of fish. Congress believed that language was sufficient. Two years later, that belief would be tested in court. In August 2002,

960-527: A dangerous jungle infested with jaguars to meet his former friend. Zavala not only did not capture him, he agreed to serve under his orders, thus sending a strong message to both liberal and conservatives in Guatemala City that they would have to negotiate with Carrera or battle on two fronts – Quetzaltenango and Jalapa. Carrera went back to the Quetzaltenango area, while Zavala remained in Suchitepéquez as

1080-473: A few men left, he managed to escape, badly wounded, to Sanarate . After recovering somewhat, he attacked a detachment in Jutiapa and got a small amount of booty which he gave to the volunteers who accompanied him. He then prepared to attack Petapa near Guatemala City, where he was victorious, although with heavy casualties. In September of that year, Carrera attempted an assault on the capital of Guatemala, but

1200-477: A fishing vessel or found on board a fishing vessel were taken, held, or landed in violation ... if the total weight of shark fins landed or found on board exceeds 5 percent of the total weight of shark carcasses landed or found on board." During debate on the bill, Del. Eni Faleomavaega ( D - AS ), had pointed out that nothing in it banned the transshipment of shark fins by American-flagged ships. Vessels that merely bought fins that had been taken by other vessels,

1320-458: A formative period, in which the peoples typically lived in huts in small villages of farmers, with few permanent buildings. This notion has been challenged since the late 20th century by discoveries of monumental architecture from that period, such as the Mirador Basin cities of Nakbé , Xulnal, El Tintal , Wakná and El Mirador . The Classic period of Mesoamerican civilization corresponds to

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1440-456: A former Congressman. On the day of sentencing, Cunningham was 90 lb (41 kg) 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

1560-500: A friend: "Now he is the king of the Indians, indeed!" Guzmán then left for Jalapa, where he struck a deal with the rebels, while Luis Batres Juarros convinced President Paredes to deal with Carrera. Back in Guatemala City within a few months, Carrera was commander-in-chief, backed by military and political support of the Indian communities from the densely populated western highlands. During

1680-629: A gold and a silver medal. Cunningham joined the United States Navy in 1967. During his service, Cunningham and his Navigator/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 USS  Constellation  (CV-64) . He and Driscoll recorded five aerial victories against North Vietnamese MiG-21 and MiG-17 aircraft between January and May 1972, including three kills in one flight (earning them

1800-537: A gun permit, saying he longed to hunt in Arkansas. The judge denied the request as being beyond the scope of his authority, citing the law that limits gun permits for convicted criminals: a law that Cunningham voted for while in Congress. Cunningham received a pardon from President Donald Trump on January 13, 2021, conditioned on his payment of penalties of restitution and forfeiture totaling $ 3,655,539.50. Darrell Issa ,

1920-516: A handwritten three-page letter to sentencing Judge Larry Burns, complaining that the IRS was 'killing' him by seizing all his remaining savings and his Congressional and Navy pensions, penalties he feels were not warranted under his plea agreement. Burns wrote back in August 2010, stating that the agency was collecting back taxes, interest and penalties on the bribes Cunningham received in 2003 and 2004; thus, there

2040-450: A huge column of Quetzaltenango and Totonicapán indigenous people came down from the mountains to vote for him. Reyna was elected president. José María Reina Barrios was president between 1892 and 1898. During Barrios's first term in office, the power of the landowners over the rural peasantry increased. He oversaw the rebuilding of parts of Guatemala City on a grander scale, with wide, Parisian-style avenues. He oversaw Guatemala hosting

2160-462: A member of the Liberal Party , he sought to encourage development of the nation's infrastructure of highways , railroads , and sea ports for the sake of expanding the export economy. By the time Estrada Cabrera assumed the presidency there had been repeated efforts to construct a railroad from the major port of Puerto Barrios to the capital, Guatemala City. Owing to lack of funding exacerbated by

2280-717: A military commander and later the first president of Guatemala. The liberal forces impaled Alvarez's head on a pike as a warning to followers of the Guatemalan caudillo . Carrera and his wife Petrona – who had come to confront Morazán as soon as they learned of the invasion and were in Mataquescuintla – swore they would never forgive Morazán even in his grave; they felt it impossible to respect anyone who would not avenge family members. After sending several envoys, whom Carrera would not receive – and especially not Barrundia whom Carrera did not want to murder in cold blood – Morazán began

2400-533: A native revolt, much like that of 1840; their only request from Carrera was to keep the natives under control. The altenses did not comply, and led by Guzmán and his forces, they started chasing Carrera; the caudillo hid, helped by his native allies and remained under their protection when the forces of Miguel Garcia Granados arrived from Guatemala City looking for him. On learning that officer José Víctor Zavala had been appointed as Corregidor in Suchitepéquez, Carrera and his hundred jacalteco bodyguards crossed

2520-624: A peasant. With Salazar gone, Carrera reinstated Rivera Paz as head of state. Between 1838 and 1840 a secessionist movement in the city of Quetzaltenango founded the breakaway state of Los Altos and sought independence from Guatemala. The most important members of the Liberal Party of Guatemala and liberal enemies of the conservative régime moved to Los Altos, leaving their exile in El Salvador. The liberals in Los Altos began severely criticizing

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2640-468: A press briefing in El Paso, Texas . 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". On February 9, 2006, Senator John Kerry introduced a bill, the "Federal Pension Forfeiture Act" (nicknamed

2760-464: A scorched-earth offensive, destroying villages in his path and stripping them of assets. The Carrera forces had to hide in the mountains. Believing Carrera totally defeated, Morazán and Barrundia marched to Guatemala City , and were welcomed as saviors by state governor Pedro Valenzuela and members of the conservative Aycinena clan  [ es ] , who proposed to sponsor one of the liberal battalions, while Valenzuela and Barrundia gave Morazán all

2880-554: A story appeared in the San Diego Union Tribune by Marcus Stern and Jerry Kammer, who later received 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. and later acquired by CACI ), bought Cunningham's house in Del Mar in 2003 for $ 1,675,000. A month later, Wade placed it back on

3000-533: A tactical maneuver. Carrera received a visit from a cabinet member of Paredes and told him that he had control of the native population and that he assured Paredes that he would keep them appeased. When the emissary returned to Guatemala City, he told the president everything Carrera said, and added that the native forces were formidable. Guzmán went to Antigua to meet with another group of Paredes emissaries; they agreed that Los Altos would rejoin Guatemala, and that

3120-399: Is an American former politician, Vietnam War veteran and fighter ace . Cunningham served as a Republican member of the U.S. House of Representatives from California's 50th district from 1991 to 2005, and later served prison time for accepting bribes from defense contractors . Prior to his political career, Cunningham was an officer and pilot in the U.S. Navy for 20 years. Following

3240-585: Is represented by regional kingdoms, such as the Itza , Kowoj , Yalain and Kejache in Petén, and the Mam , Ki'che' , Kackchiquel , Chajoma , Tz'utujil , Poqomchi' , Q'eqchi' and Ch'orti' peoples in the highlands. Their cities preserved many aspects of Maya culture. The Maya civilization shares many features with other Mesoamerican civilizations due to the high degree of interaction and cultural diffusion that characterized

3360-473: Is widespread, and largely unregulated and unmonitored. The practice has been on the rise largely due to the increasing demand for shark fins for shark fin soup and traditional cures, particularly in China and its territories. According to WildAid in 2007, "the rapidly expanding and largely unregulated shark fin trade represents one of the most serious threats to shark populations worldwide, and shark fins are now among

3480-440: 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

3600-549: The Central American Federation in San Salvador a little later, forcing Morazán to return to El Salvador to fight for his federal mandate. Along the way, Morazán increased repression in eastern Guatemala, as punishment for helping Carrera. Knowing that Morazán had gone to El Salvador, Carrera tried to take Salamá with the small force that remained, but was defeated, and lost his brother Laureano in combat. With just

3720-490: The K'iche' (Quiché) nation . Alvarado later turned against the Kaqchikel, and eventually brought the entire region under Spanish domination. During the colonial period, Guatemala was an audiencia , a captaincy-general ( Capitanía General de Guatemala ) of Spain, and a part of New Spain (Mexico). The first capital, Villa de Santiago de Guatemala (now known as Tecpan Guatemala ), was founded on 25 July 1524 near Iximché ,

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3840-641: The Mexica to refer to the Kaqchikel city of Iximche , but was extended to refer to the whole country during the Spanish colonial period. The first evidence of human habitation in Guatemala dates to 12,000 BC. Archaeological evidence, such as obsidian arrowheads found in various parts of the country, suggests a human presence as early as 18,000 BC. There is archaeological proof that early Guatemalan settlers were hunter-gatherers . Maize cultivation had been developed by

3960-470: The Navy Cross ). In the final engagement, Cunningham downed a MiG-17 , which was supposedly piloted by "Colonel Toon" , a mythical North Vietnam Air Force fighter ace loosely based on a North Vietnamese pilot from the 921st Fighter Regiment named Nguyen Van Coc . It was later revealed by historians there was no such Colonel Toon and the story was fabricated by Cunningham himself. Van Coc retired from

4080-553: The New World , the Spanish started several expeditions to Guatemala, beginning in 1519. Before long, Spanish contact resulted in an epidemic that devastated native populations. Hernán Cortés , who had led the Spanish conquest of Mexico , granted a permit to Captains Gonzalo de Alvarado and his brother, Pedro de Alvarado , to conquer this land. Alvarado at first allied himself with the Kaqchikel nation to fight against their traditional rivals

4200-534: The United Provinces of Central America . In 1840, Belgium began to act as an external source of support for Carrera's independence movement, in an effort to exert influence in Central America. The Compagnie belge de colonisation (Belgian Colonization Company), commissioned by Belgian King Leopold I , became the administrator of Santo Tomas de Castilla replacing the failed British Eastern Coast of Central America Commercial and Agricultural Company . Even though

4320-505: The University of Missouri in Columbia . Cunningham graduated with a bachelor's degree in education and physical education in 1964; he obtained his M.A. 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

4440-449: The Vietnam War , during which he became one of just two U.S. Navy aviators to be confirmed as aces, Cunningham became 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. In 1990, Cunningham ran for the U.S. House of Representatives, defeating Democratic incumbent Jim Bates . He served in

4560-636: The Vietnamese People’s Air Force in 2002. While returning to the carrier after the final shoot-down, Cunningham and Driscoll were forced to eject from their F-4 over water near Nam Dinh , but they were rescued by Navy helicopter. After returning to the US from Vietnam in 1972, Cunningham became an instructor at the US Navy's Fighter Weapons School (TOPGUN) at Naval Air Station Miramar in San Diego . He

4680-933: The World Wildlife Fund . In addition, it is supported by the State of Hawaii Office of Hawaiian Affairs, the American Sportfishing Association, the Recreational Fishing Alliance, the Sportfishing Association of California, the Cousteau Society , and the Western Pacific Fisheries Coalition." The Act made it illegal to: By way of definition, the Act created a " rebuttable presumption that any shark fins landed from

4800-503: The death penalty for major drug dealers . Four months later, his son Todd was arrested for helping to transport 400 pounds (180 kg) 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 ). After

4920-505: The destroyer USS Fife , patrolling international waters off the coast of Guatemala , intercepted the King Diamond II , a U.S.-flagged, Hong Kong -based former fishing trawler. A Coast Guard detachment with the Fife was sent aboard to investigate, and found 32.3 short tons (29.3 t) of shark fins rotting in various locations on board, without any corresponding carcasses. The KD II

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5040-521: The "Duke Cunningham Act"), to prevent lawmakers who have been convicted of official misconduct from collecting taxpayer-funded pensions. The bill died in committee, by unanimous vote. Guatemala Guatemala , officially the Republic of Guatemala , is a country in Central America . It is bordered to the north and west by Mexico , to the northeast by Belize , to the east by Honduras , and to

5160-559: The 11th most populous country in the Americas . Its capital and largest city, Guatemala City , is the most populous city in Central America. The name "Guatemala" comes from the Nahuatl word Cuauhtēmallān , or "place of many trees", a derivative of the K'iche' Mayan word for "many trees" or, perhaps more specifically, for the Cuate/Cuatli tree Eysenhardtia . This name was originally used by

5280-513: The Army Marshall rank, even though that rank did not exist and it does not exist in the Guatemalan military. The Marshall called himself President of the Republic, but in reality he was the foreman of oppressed and savaged people, cowardly enough that they had not dared to tell the dictator to leave threatening him with a revolution. The State and Church were a single unit, and the conservative régime

5400-461: The Atlantic side. In 1906 Estrada faced serious revolts against his rule; the rebels were supported by the governments of some of the other Central American nations, but Estrada succeeded in putting them down. Elections were held by the people against the will of Estrada Cabrera and thus he had the president-elect murdered in retaliation. In 1907 Estrada narrowly survived an assassination attempt when

5520-489: The Conservative government of Rivera Paz. Los Altos was the region with the main production and economic activity of the former state of Guatemala. Without Los Altos, conservatives lost many of the resources that had given Guatemala hegemony in Central America. The government of Guatemala tried to reach a peaceful solution, but two years of bloody conflict followed. On 17 April 1839, Guatemala declared itself independent from

5640-481: 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 also forfeited more than $ 1.8 million in cash, antiques, rugs, and other items. Also as part of the plea agreement, Cunningham agreed to help

5760-587: The Empire shortly after their independence. This region was formally a part of the Viceroyalty of New Spain throughout the colonial period, but as a practical matter had been administered separately. It was not until 1825 that Guatemala created its own flag. In 1838 the liberal forces of Honduran leader Francisco Morazán and Guatemalan José Francisco Barrundia invaded Guatemala and reached San Sur, where they executed Chúa Alvarez, father-in-law of Rafael Carrera , then

5880-417: The Guatemalan government in several different ways. José Francisco Barrundia established a liberal newspaper for that specific purpose. Vasconcelos supported a rebel faction named "La Montaña" in eastern Guatemala, providing and distributing money and weapons. By late 1850, Vasconcelos was getting impatient at the slow progress of the war with Guatemala and decided to plan an open attack. Under that circumstance,

6000-548: The Guatemalan resources needed to solve any financial problem he had. The criollos of both parties celebrated until dawn that they finally had a criollo caudillo like Morazán, who was able to crush the peasant rebellion. Morazán used the proceeds to support Los Altos and then replaced Valenzuela with Mariano Rivera Paz , a member of the Aycinena clan, although he did not return to that clan any property confiscated in 1829. In revenge, Juan José de Aycinena y Piñol voted to dissolve

6120-667: The Guatemalans suffered a severe defeat , which was followed by a truce. Honduras joined with El Salvador, and Nicaragua and Costa Rica with Guatemala. The contest was finally settled in favor of Carrera, who besieged and occupied San Salvador , and dominated Honduras and Nicaragua. He continued to act in concert with the Clerical Party, and tried to maintain friendly relations with European governments. Before he died, Carrera nominated his friend and loyal soldier, Army Marshall Vicente Cerna y Cerna , as his successor. Vicente Cerna y Cerna

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6240-518: The House 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 taxable income for 2004. He was sentenced to eight years and four months in prison and was ordered to pay $ 1.8 million in restitution . On June 4, 2013, Cunningham completed his prison sentence. He was granted a conditional pardon by President Donald Trump in 2021. Cunningham

6360-595: The Kaqchikel capital city. The capital was moved to Ciudad Vieja on 22 November 1527, as a result of a Kaqchikel attack on Villa de Santiago de Guatemala. Owing to its strategic location on the American Pacific Coast, Guatemala became a supplementary node to the Transpacific Manila Galleon trade connecting Latin America to Asia via the Spanish owned Philippines. On 11 September 1541, the new capital

6480-552: The Republican primary. Despite Lowery's seniority, his involvement in the House banking scandal hurt him. As polls showed Cunningham with a substantial lead, Lowery dropped out of the primary race, effectively handing Cunningham the nomination. Cunningham breezed to victory in November. Even though the district (renumbered as the 50th after the 2000 census ) was not nearly as conservative as

6600-566: The Salvadorean head of state started a campaign against the conservative Guatemalan regime, inviting Honduras and Nicaragua to participate in the alliance; only the Honduran government led by Juan Lindo accepted. In 1851 Guatemala defeated an Allied army from Honduras and El Salvador at the Battle of La Arada . In 1854 Carrera was declared "supreme and perpetual leader of the nation" for life, with

6720-481: The cities of the central lowlands or were killed by a drought-induced famine . The cause of the collapse is debated, but the drought theory is gaining currency, supported by evidence such as lakebeds, ancient pollen, and others. A series of prolonged droughts in what is otherwise a seasonal desert is thought to have decimated the Maya, who relied on regular rainfall to support their dense population. The Post-Classic period

6840-455: The city after Corregidor general Mariano Paredes was called to Guatemala City to take over the presidential office. They declared on 26 August 1848 that Los Altos was an independent state once again. The new state had the support of Doroteo Vasconcelos ' régime in El Salvador and the rebel guerrilla army of Vicente and Serapio Cruz, who were sworn enemies of Carrera. The interim government

6960-453: The collapse of the internal coffee trade, the railway fell 100 kilometres (60 mi) short of its goal. Estrada Cabrera decided, without consulting the legislature or judiciary, that striking a deal with the UFCO was the only way to finish the railway. Cabrera signed a contract with UFCO's Minor Cooper Keith in 1904 that gave the company tax exemptions, land grants, and control of all railroads on

7080-399: The colony eventually crumbled, Belgium continued to support Carrera in the mid-19th century, although Britain continued to be the main business and political partner to Carrera. Rafael Carrera was elected Guatemalan Governor in 1844. On 21 March 1847, Guatemala declared itself an independent republic and Carrera became its first president. During the first term as president, Carrera brought

7200-460: The conviction of Congressman Cunningham was led by a team of Marcus Stern , Jerry Kammer , and Dean Calbreath . Among the many bribes Cunningham admitted receiving was the sale of his home in Del Mar at an inflated price, the free use of the yacht "Duke Stir," 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

7320-495: The country back from extreme conservatism to a traditional moderation; in 1848, the liberals were able to drive him from office, after the country had been in turmoil for several months. Carrera resigned of his own free will and left for México. The new liberal regime allied itself with the Aycinena family and swiftly passed a law ordering Carrera's execution if he returned to Guatemalan soil. The liberal criollos from Quetzaltenango were led by general Agustín Guzmán who occupied

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7440-544: The country to war in an unsuccessful attempt to attain it, losing his life on the battlefield in 1885 against forces in El Salvador. Manuel Barillas was president from 16 March 1886 to 15 March 1892. Manuel Barillas was unique among liberal presidents of Guatemala between 1871 and 1944: he handed over power to his successor peacefully. When election time approached, he sent for the three Liberal candidates to ask them what their government plan would be. Happy with what he heard from general Reyna Barrios , Barillas made sure that

7560-458: 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, The Wall Street Journal reported that, in addition to all

7680-513: The economics of the time, and therefore land management. From 1839 to 1871, the Consulado held a consistent monopolistic position in the regime. Guatemala's "Liberal Revolution" came in 1871 under the leadership of Justo Rufino Barrios , who worked to modernize the country, improve trade, and introduce new crops and manufacturing. During this era coffee became an important crop for Guatemala. Barrios had ambitions of reuniting Central America and took

7800-480: The favors, gifts and money Cunningham received from defense contractors who wanted his help in obtaining contracts, Cunningham may have been provided with prostitutes , narcotics , hotel rooms, limousines , and other amenities. 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 . The investigation which led to

7920-418: The first " Exposición Centroamericana " ("Central American Fair") in 1897. During his second term, Barrios printed bonds to fund his ambitious plans, fueling monetary inflation and the rise of popular opposition to his regime. His administration also worked on improving the roads, installing national and international telegraphs and introducing electricity to Guatemala City. Completing a transoceanic railway

8040-529: The first presidency, from 1844 to 1848, he brought the country back from excessive conservatism to a moderate regime, and – with the advice of Juan José de Aycinena y Piñol and Pedro de Aycinena – restored relations with the Church in Rome with a Concordat ratified in 1854. After Carrera returned from exile in 1849 the president of El Salvador, Doroteo Vasconcelos , granted asylum to the Guatemalan liberals, who harassed

8160-624: The following sentence to the Constitution of the United States : The Congress shall have power to prohibit the physical desecration of the Flag 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 also advocated for the death penalty for all those convicted of flag desecration . Cunningham

8280-417: The fortifications of the Guatemalan capital, in place since the battle of Villa Nueva. Taking advantage of Salazar's good faith and Ferrera's weapons, Carrera took Guatemala City by surprise on 13 April 1839; Salazar, Mariano Gálvez and Barrundia fled before the arrival of Carrera's militiamen. Salazar, in his nightshirt, vaulted roofs of neighboring houses and sought refuge, reaching the border disguised as

8400-473: The generals fought under his command, and waited—for a long time—until Carrera's death before beginning their revolt against the tamer Cerna. During Cerna's presidency, liberal party members were prosecuted and sent into exile; among them, those who started the Liberal Revolution of 1871. In 1871, the merchants guild, Consulado de Comercio, lost their exclusive court privilege. They had major effects on

8520-421: The government in its prosecution of others involved in the defense contractor bribery scandal. Cunningham announced that he would resign from the House at a press conference just after entering his plea. He read a 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

8640-406: 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

8760-547: The height of the Maya civilization . It is represented by countless sites throughout Guatemala, although the largest concentration is in Petén . This period is characterized by urbanisation, the emergence of independent city-states, and contact with other Mesoamerican cultures. This lasted until approximately 900 AD, when the Classic Maya civilization collapsed . The Maya abandoned many of

8880-481: The high seas did not come under the act since purchasing the fins did not constitute aid or assistance to those who had taken them; thus the fins had not been seized lawfully. To close the loophole, Congress passed the Shark Conservation Act of 2010 , which was signed into law by President Barack Obama on January 4, 2011. Duke Cunningham Randall Harold "Duke" Cunningham (born December 8, 1941)

9000-490: The latter would help Guzmán defeat his enemy and also build a port on the Pacific Ocean. Guzmán was sure of victory this time, but his plan evaporated when in his absence Carrera and his native allies occupied Quetzaltenango; Carrera appointed Ignacio Yrigoyen as Corregidor and convinced him that he should work with the K'iche', Q'anjobal and Mam leaders to keep the region under control. On his way out, Yrigoyen murmured to

9120-527: 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 also unsuccessfully advocated for the death penalty for all those convicted of shark finning . Cunningham co-sponsored, along with Democrat John Murtha , the so-called " Flag Desecration Amendment ", which would add

9240-502: The legislature convened for the election of President Estrada Cabrera, who triumphed thanks to the large number of soldiers and policemen who went to vote in civilian clothes and to the large number of illiterate family that they brought with them to the polls. One of Estrada Cabrera's most famous and most bitter legacies was allowing the entry of the United Fruit Company (UFCO) into the Guatemalan economic and political arena. As

9360-431: The liberal general Carlos Salazar Castro defeated him in the fields of Villa Nueva and Carrera had to retreat. After unsuccessfully trying to take Quetzaltenango , Carrera found himself both surrounded and wounded. He had to capitulate to Mexican General Agustín Guzmán , who had been in Quetzaltenango since Vicente Filísola 's arrival in 1823. Morazán had the opportunity to shoot Carrera, but did not, because he needed

9480-490: The light of a lava lamp . The Federal Bureau of Investigation launched an investigation regarding the real estate transaction. Cunningham's 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, 2005, Cunningham announced he would not run for a ninth term in 2006, saying that while he believed he would be cleared of any wrongdoing, he could not defend himself and run for re-election at

9600-399: The loyalty of a few generals. While the United States threatened intervention if he was removed through revolution, a bipartisan coalition came together to remove him from the presidency. He was removed from office after the national assembly charged that he was mentally incompetent, and appointed Carlos Herrera in his place on 8 April 1920. Guatemala joined with El Salvador and Honduras in

9720-562: The market where it remained unsold for eight months until the price was reduced to $ 975,000. Cunningham was a member of the Defense Appropriations Subcommittee at the time. 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

9840-475: The maximum sentence of ten years, but Cunningham's defense lawyers argued 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 was the longest jail term ever given to

9960-417: The most expensive seafood products in the world, commonly retailing at US$ 400 per kg, with the most expensive selling for US$ 1,000 per kg." According to Discovery News, "[u]p to 73 million sharks are killed annually for their lucrative fins." During the congressional discussion, Shark finning was called "one of the most visible and controversial conservation issues in the waters of the Pacific Ocean". While

10080-564: The other two Republican-held districts in the San Diego area, Cunningham was re-elected 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

10200-423: 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

10320-680: The people by 3500 BC. Sites dating to 6500 BC have been found in the Quiché region in the Highlands, and Sipacate and Escuintla on the central Pacific coast. Archaeologists divide the pre-Columbian history of Mesoamerica into the Preclassic period (3000 BC to 250 AD), the Classic period (250 to 900 AD), and the Postclassic period (900 to 1500 AD). Until recently, the Preclassic was regarded by researchers as

10440-429: The power to choose his successor. He held that position until he died on 14 April 1865. While he pursued some measures to set up a foundation for economic prosperity to please the conservative landowners, military challenges at home and a three-year war with Honduras, El Salvador, and Nicaragua dominated his presidency. His rivalry with Gerardo Barrios, President of El Salvador, resulted in open war in 1863. At Coatepeque

10560-767: The practice of finning had already been banned in Federal waters of the Atlantic, Gulf of Mexico, and the Caribbean, as well as waters in 11 coastal States, it remained unregulated in the Pacific. This legislation was designed to address that problem. According to the bill's proponent, the bill was "strongly supported by the Ocean Wildlife Campaign, a coalition that includes the Center for Marine Conservation , National Audubon Society , National Coalition for Marine Conservation , Natural Resources Defense Council , Wildlife Conservation Society , and

10680-611: The presidency. There are two different descriptions of how Cabrera was able to become president. The first states that Cabrera entered the cabinet meeting "with pistol drawn" to assert his entitlement to the presidency, while the second states that he showed up unarmed to the meeting and demanded the presidency by virtue of being the designated successor. The first civilian Guatemalan head of state in over 50 years, Estrada Cabrera overcame resistance to his regime by August 1898 and called for elections in September, which he won handily. In 1898

10800-543: The purchase of his Rancho Santa Fe mansion. Court records show that Wade paid off one of those loans. In 1997, Cunningham had 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 Cunningham held responsible for

10920-539: The region. Advances such as writing, epigraphy , and the calendar did not originate with the Maya; however, their civilization fully developed them. Maya influence can be detected from Honduras , Belize , Guatemala, and Northern El Salvador to as far north as central Mexico, more than 1,000 km (620 mi) from the Maya area . Many outside influences are found in Maya art and architecture, which are thought to have resulted from trade and cultural exchange rather than direct external conquest. After they arrived in

11040-581: The revolution and installed a dictatorship. From 1960 to 1996, Guatemala endured a bloody civil war fought between the US-backed government and leftist rebels, including genocidal massacres of the Maya population perpetrated by the Guatemalan military. The United Nations negotiated a peace accord, resulting in economic growth and successive democratic elections. Guatemala's abundance of biologically significant and unique ecosystems includes many endemic species and contributes to Mesoamerica's designation as

11160-462: The run-up to the Persian Gulf War . 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 congressional districts 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

11280-584: 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." 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

11400-475: The same time. He admitted to displaying "poor judgment" when he sold his house to Wade. Besides Wade, the three other co-conspirators were: Brent R. Wilkes , founder of San Diego–based ADCS Inc.; New York businessman Thomas Kontogiannis; and John T. Michael, Kontogiannis' nephew and 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

11520-700: The segregated native communities started developing a new Indian identity under Carrera's leadership. In the meantime, in the eastern part of Guatemala, the Jalapa region became increasingly dangerous; former president Mariano Rivera Paz and rebel leader Vicente Cruz were both murdered there after trying to take over the Corregidor office in 1849. When Carrera arrived to Chiantla in Huehuetenango , he received two altenses emissaries who told him that their soldiers were not going to fight his forces because that would lead to

11640-556: The sentence. Cunningham was incarcerated in the minimum security satellite camp at the U.S. Penitentiary at Tucson, Arizona with a scheduled release date of June 4, 2013. He spent his time at the prison teaching fellow inmates to obtain their GED , as well as advocating for prison reform. Despite his guilty plea, Cunningham received pensions for his 21 years of U.S. Navy service and almost 15 years in Congress. However, prosecutors were successful in garnishing them for back taxes and penalties. In June 2010, Cunningham submitted

11760-506: The sentencing, Cunningham was seen leaving the courthouse crying. 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." 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

11880-570: The southeast by El Salvador . It is hydrologically bordered to the south by the Pacific Ocean and to the northeast by the Gulf of Honduras . The territory of modern Guatemala hosted the core of the Maya civilization , which extended across Mesoamerica ; in the 16th century, most of this was conquered by the Spanish and claimed as part of the viceroyalty of New Spain . Guatemala attained independence from Spain and Mexico in 1821. From 1823 to 1841, it

12000-530: The statement, Cunningham claimed that he was "doped up on sedatives" and made his plea knowing that it was "90 to 95% untrue". Cunningham was released to a halfway house in New Orleans in February 2013. On June 4, 2013, he was completely released from confinement. Cunningham told a federal judge that he planned to live in Arkansas and that he would live on $ 1,700 a month. In his letter, Cunningham pleaded for

12120-615: The support of the Guatemalan peasants to counter the attacks of Francisco Ferrera in El Salvador . Instead, Morazán left Carrera in charge of a small fort in Mita, without any weapons. Knowing that Morazán was going to attack El Salvador, Francisco Ferrera gave arms and ammunition to Carrera and convinced him to attack Guatemala City. Meanwhile, despite insistent advice to definitively crush Carrera and his forces, Salazar tried to negotiate with him diplomatically; he even went as far as to show that he neither feared nor distrusted Carrera by removing

12240-605: 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. Cunningham submitted his official resignation letter to the Clerk of the House and to Californian Governor Arnold Schwarzenegger on December 6, 2005. On March 3, 2006, U.S. District Judge Larry A. Burns sentenced Cunningham to eight years and four months in prison. Federal prosecutors pushed for

12360-501: 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

12480-492: Was president of Guatemala from 24 May 1865 to 29 June 1871. Liberal author Alfonso Enrique Barrientos  [ es ] , described Marshall Cerna's government in the following manner: A conservative and archaic government, badly organized and with worse intentions, was in charge of the country, centralizing all powers in Vicente Cerna, ambitious military man, who not happy with the general rank, had promoted himself to

12600-458: Was a main objective of his government, with a goal to attract international investors at a time when the Panama Canal was not yet built. After the assassination of general José María Reina Barrios on 8 February 1898, the Guatemalan cabinet called an emergency meeting to appoint a new successor, but declined to invite Estrada Cabrera to the meeting, even though he was the designated successor to

12720-726: 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 controversial comments. For example: Cunningham said that "I cut my own rudder" on issues, He was often compared by liberal interest groups to former congressman Bob Dornan ; both were former military pilots, and both spoke out against perceived enemies. In 1992, Cunningham, along with Dornan and fellow San Diego Republican Duncan L. Hunter , challenged

12840-426: 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, giving Republicans full representation of the San Diego area for only the second time since the city was split into two districts after the 1960 census . Cunningham's status as

12960-618: Was born in Los Angeles, California , to Randall and Lela Cunningham on December 8, 1941, one day after the attack on Pearl Harbor . His father was a truck driver for Union Oil at the time. Around 1945, the family moved to Fresno , where Cunningham's father purchased a gas station . In 1953 they moved to rural Shelbina, Missouri , where his parents purchased and managed the five-and-dime Cunningham Variety Store. Cunningham graduated from Shelbina High School in 1959. He attended Kirksville Teacher's College for one year before transferring to

13080-591: Was escorted to San Diego , where the National Oceanic and Atmospheric Administration Fisheries Office of Law Enforcement finished the investigation. The ship's owner, captain and charterer were fined over $ 600,000 for the largest shark fin arrest ever. But in 2008, the Ninth Circuit Court of Appeals ordered the fins returned . Judge Stephen Reinhardt held for a three-judge panel that a vessel carrying shark fins that it had purchased from other vessels on

13200-649: Was featured on the PBS broadcast of the NOVA special "Top Gun And Beyond", during which he recounted his engagement with the North Vietnamese fighter pilot thought to be the mythical "Colonel Toon". He retired from the Navy with the final rank of commander in 1987, settling in Del Mar , a suburb of San Diego. Cunningham became nationally known as a CNN commentator on naval aircraft in

13320-577: Was flooded when the lagoon in the crater of the Agua Volcano collapsed due to heavy rains and earthquakes; the capital was then moved 6 km (4 mi) to Antigua in the Panchoy Valley, now a UNESCO World Heritage Site . This city was destroyed by several earthquakes in 1773–1774. The King of Spain authorized moving the capital to its current location in the Ermita Valley, which is named after

13440-540: Was further reported that Cunningham lived rent-free on a yacht 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

13560-658: Was gained, and the Captaincy General of Guatemala joined the First Mexican Empire under Agustín de Iturbide . Under the First Empire, Mexico reached its greatest territorial extent, stretching from northern California to the provinces of Central America (excluding Panama, which was then part of Colombia), which had not initially approved becoming part of the Mexican Empire but joined

13680-426: Was led by Guzmán himself and had Florencio Molina and the priest Fernando Davila as his Cabinet members. On 5 September 1848, the criollos altenses chose a formal government led by Fernando Antonio Martínez. In the meantime, Carrera decided to return to Guatemala and did so, entering at Huehuetenango , where he met with native leaders and told them that they must remain united to prevail; the leaders agreed and slowly

13800-545: Was no action for Burns to take. In April 2011, Cunningham sent a ten-page typewritten document pleading his case to USA Today , the Los Angeles Times , Talking Points Memo and San Diego CityBeat . He titled the document "The Untold Story of Duke Cunningham". In the document, Cunningham says that because Judge Burns has declared his case closed, he was now offering to speak to the media, which had "inundated" him with inquiries since 2004. According to CityBeat , in

13920-581: Was part of the Federal Republic of Central America . For the latter half of the 19th century, Guatemala suffered instability and civil strife. From the early 20th century, it was ruled by a series of dictators backed by the United States . In 1944, authoritarian leader Jorge Ubico was overthrown by a pro-democratic military coup, initiating a decade-long revolution that led to social and economic reforms. In 1954, a US-backed military coup ended

14040-476: Was received in the Senate, which passed the bill by unanimous consent on December 7, 2000. It was signed into law by Bill Clinton on December 21, 2000, during his final weeks in office. Shark finning refers to the practice of cutting the fins from live sharks while at sea, and then discarding rest of the fish back into the ocean. If they are still alive, the sharks either die from suffocation or are eaten because they are unable to move normally. Shark finning

14160-505: Was reportedly nearly court-martialed for allegedly breaking into his commanding officer's office to compare his records and fitness reports with those of his colleagues—a charge denied by Cunningham but supported by two of his superior officers at the time. Cunningham served tours with VF-154 , United States Seventh Fleet , and as executive officer / commanding officer of the shore-based adversary squadron VF-126 . In 1985, Cunningham earned an MBA from National University . In 1987, he

14280-554: Was strongly allied to the power of regular clergy of the Catholic Church , who were then among the largest landowners in Guatemala. The tight relationship between church and state had been ratified by the Concordat of 1852 , which was the law until Cerna was deposed in 1871. Even liberal generals like Serapio Cruz  [ es ] realized that Rafael Carrera's political and military presence made him practically invincible. Thus

14400-592: 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. Cunningham supported reinstitution of the Selective Service draft . In June 2005,

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