On Thursday, United States District Judge Ronald Buckwalter resentenced former Pennsylvania State Sen. Vince Fumo to 61 months in prison — an increase of six months from his previous sentence, well below what prosecutors were hoping for.
Fumo, a 1984 Wharton MBA recipient, must also pay $3.5 million in restitution to his victims — an increase of $1 million — and perform 10 hours of community service a week for three years. The extended sentence, Buckwalter said at the hearing, is the result of a procedural error he made in Fumo’s original 2009 sentence. He also said he wasn’t swayed by letters from the public asking him to extend Fumo’s sentence.
In 2009, Fumo was found guilty on 137 counts of defrauding the Senate of Pennsylvania, stealing from Citizens Alliance — a charity Fumo founded to clean up South Philadelphia — and costing the Independent Seaport Museum $115,000 in free luxury yacht trips. He was also charged with obstruction of justice for destroying electronic records from the Senate of Pennsylvania and Citizens Alliance.
In August, the Third Circuit Court of Appeals asked Buckwalter to either justify or change Fumo’s 55-month sentence. Prosecutors argued for a sentence of at least 15 years, citing inconsistencies in his medical history and emails that referred to the prosecutors as “evil,” the jury as “dumb, corrupt and prejudiced” and his offenses as “my so-called crime.”
The decision was made Thursday afternoon after each side made their arguments for several hours and Fumo directly addressed the court for an hour. According to co-prosecuting attorney Robert Zauzmer, the judge gave a lengthy explanation for why he gave Fumo this sentence, which deviates from the federal guidelines that suggest 210 to 262 months.
Co-prosecutor John Pease said Buckwalter addressed all the important issues in the case, such as Fumo’s history and characteristics, and the need for restitution. Buckwalter found Fumo’s prior acts of charity to be a mitigating factor in the sentencing. While in office, Fumo helped create hospitals for the poor, saved the Civil War Library in Philadelphia and helped the creation of a Food Distrbution Center on Galloway Street, Buckwalter said. He also felt because of Fumo’s age and poor health, he wouldn’t pose a threat to society upon release.
Buckwalter spoke about Fumo’s emails, as well. The emails, which were unrepentant, upset the judge. He wasn’t pleased that Fumo had lashed out at the jury. But he added that he wasn’t happy with the government’s snooping — although it was legal — and did not believe these messages themselves substantiated changing the sentence.
Even though the judge stressed that Fumo’s crimes were “very serious” and that the emails lacked remorse, he felt the federal sentencing guidelines were too severe for this case, Pease said. Buckwalter enumerated prior cases in which defendants faced longer sentences than Fumo, such as that of former City Councilman Rick Mariano who got 6.5 years in prison. But he argued that Fumo’s wasn’t comparable because the other defendants faced extortion charges. He indicated that Fumo’s crimes were less serious.
Buckwalter explained that for Fumo, who is 68 years old, 15 to 17 years would be a life sentence. He believed such a sentence would be more fitting for politicians who sell their offices for public gains.
The prosecution has the option of appealing this new sentence as well. Zauzmer said there’s no decision as of yet whether they’ll appeal the case. They plan on discussing the matter over the next few months.
Fumo’s attorneys could not be reached for further comment.
