Fumo trying to cover his assets from forfeiture

Convicted former state Senator Vincent Fumo is fighting government efforts to have him forfeit $4 million in assets. Fumo argues in court papers filed this week that prosecutors are confusing forfeiture with restitution.

Convicted former state Senator Vincent Fumo is fighting government efforts to have him forfeit $4 million in assets. Fumo argues in court papers filed this week that prosecutors are confusing forfeiture with restitution.

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[audio: 090421spasset.mp3]

Fumo hired the nation’s top expert in forfeiture law to fight the move by the U.S. Attorney’s office. Attorney David Smith says restitution seeks to compensate the victim. But he says forfeiture is punitive and applies only to property gained by the fraud. Fumo was convicted of 137 counts of fraud, including having the non-profit Citizen’s Alliance pay for a Bucks County war memorial.

Smith: If he owned the War Dog memorial, then the government could forfeit it. But since he doesn’t own it, it didn’t cause him to gain any property, there’s nothing to forfeit.

Fumo will be sentenced in July.  Prosecutors have a week to respond to the forfeiture memo.