Fumo told he's target of probe

The Phila. Democrat was warned last summer that he may be indicted. Charges could be nearing.

By John Shiffman, Mario F. Cattabiani and Craig R. McCoy

Inquirer Staff Writers

Federal prosecutors last year sent a formal warning to State Sen. Vincent J. Fumo that he may be indicted, according to sources familiar with the investigation.

The issuance of a so-called target letter from prosecutors to Fumo, one of Pennsylvania's most powerful politicians, is a significant milestone in the four-year investigation, which appears to be in its final stages.

The target letter was sent to Fumo last summer, around the time two of his computer aides were charged with destroying evidence to thwart the investigation, sources said. The Inquirer learned of the letter this month. A lawyer for Fumo yesterday declined to comment.

Typically, prosecutors send target letters to people who are likely to be charged, as a warning and as an invitation to testify before the grand jury. It's an offer that the targets usually refuse.

"It is the rare case, in my experience, that you can talk a prosecutor out of charges once a target letter is issued," said Lawrence S. Lustberg, a Newark lawyer who defended one of the Commerce Bank executives convicted in the 2005 City Hall corruption trial.

However, the delivery of a target letter, part of a secret grand jury process, is no guarantee that charges will be filed.

Before prosecutors present a potential indictment in such a high-profile case, they often consult with senior Justice Department officials in Washington. Also in such cases, defense attorneys are likely to be afforded the opportunity to meet with top officials, including U.S. Attorney Patrick L. Meehan.

The Fumo investigation is focused on whether Fumo used funds from a multimillion-dollar South Philadelphia charity for personal or political benefit - and whether Fumo and staffers destroyed evidence to try to thwart the FBI.