Fumo seeks to block seizure of $4 million

Five weeks after former State Sen. Vincent J. Fumo was found guilty in a sweeping corruption case, his lawyers asked a federal judge yesterday to reject the prosecution's effort to get $4 million from Fumo as the proceeds of his crimes.

The lawyers contended that Assistant U.S. Attorneys John J. Pease and Robert A. Zauzmer erroneously sought that amount under the federal forfeiture law.

They asked U.S. District Judge Ronald L. Buckwalter to dismiss the prosecution's claim in its entirety, or at least to limit the forfeiture amount to the $2 million sought in the indictment.

"The government may not increase the amount of the forfeiture it sought in the indictment. Nor does any evidence justify the new and excessive claim for over $4 million in forfeiture," defense lawyers Dennis J. Cogan, Peter Goldberger, and David B. Smith stated in court documents.

Fumo, 65, a once-powerful Democrat in Philadelphia and in Harrisburg, was found guilty on March 16 of 137 counts of conspiracy, fraud, and obstruction of justice after a five-month trial. He is scheduled to be sentenced July 13.

Fumo was convicted of defrauding the state Senate by having state workers do personal errands and campaign work on state time; defrauding two nonprofits, Citizens' Alliance for Better Neighborhoods and the Independence Seaport Museum; and obstructing the FBI investigation.

His codefendant, Ruth Arnao, the former head of Citizens' Alliance, was convicted of 45 counts involving the South Philadelphia-centered nonprofit and obstructing justice.

Prosecutors are expected to disagree with the defense theory when they file a response in about a week.