Forfeiture Victory in Major Federal Case

Former Pennsylvania State Senator Vincent J. Fumo was convicted of 137 counts of defrauding the state Senate, a South Philadelphia nonprofit organization and a maritime museum. The federal jury sitting in Philadelphia also found him guilty of obstruction of justice. He has been sentenced to less than five years in prison. The long drawn out case was followed closely by the Philadelphia news media. The United States sought forfeiture of over $4 million in alleged illegal gains stemming from the various frauds. David Smith represented Senator Fumo in opposing the government's overzealous and legally unfounded forfeiture demand. On May 14, 2009, U.S. District Judge Ronald L. Buckwalter, sitting as the trier of fact, issued a decision finding that the government was not entitled to forfeit anything, much less over $4 million.