Admitted Duke Cunningham briber Thomas Kontogiannis is extremely good at avoiding jail time, mostly thanks to his penchant for snitching on his partners in crime at just the right moment. This time -- after snitching on his nephew, financier John Michael -- his cold, cold heart is helping him avoid lockup in a different manner.

In advance of a sentencing hearing slated for next week, Tommy K's lawyers have filed papers contending that he's far too sick to do any serious time. He faces a maximum of ten years in prison, but his heart just isn't in it. The North County Times:

The businessman, in his pledge to cooperate with the government, has also admitted to as much as $100 million in mortgage fraud unrelated to the Cunningham case, according to the newly filed court documents.

But Kontogiannis -- who has been charged with bribery three times in the last 14 years -- has a grave heart condition, his attorneys argued in the documents. They asked the court to postpone the sentencing so their client can have bypass surgery.

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