'Wiping' BlackBerrys Leads to Arrest for Senator's AidesBy Shannon P. Duffy
The Legal Intelligencer
June 2, 2006
Two aides to Pennsylvania state Sen. Vincent Fumo (D) were arrested yesterday on obstruction of justice and conspiracy charges for allegedly setting out to protect Fumo in a federal grand jury probe by systematically erasing all e-mail to and from him -- including a "wipe" of all BlackBerrys held by Fumo staffers.
In the wake of the arrests, prosecutors released a 65-page affidavit from FBI Special Agent Vicki Humphreys that includes astonishing details of the alleged activities of Fumo and his staff as news spread that Fumo was under investigation.
The affidavit quotes an e-mail in which one of the staffers allegedly wrote: "The FBI probe into the Senator has really set him off he wants us to do a number of security checks starting tomorrow. ... He wants all of the BlackBerrys wiped and
and I have to bring in all laptops and do DOD wipes on them etc."
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Although Fumo's name does not appear in any court documents released yesterday -- and he has not yet been charged with any wrongdoing -- it is clear that he is the senator under investigation.
Prosecutors also strongly suggested that Fumo is the ultimate target of the investigation, saying in a press release that "there is evidence that the Senator himself was aware of and approved the effort to destroy evidence."
Fumo's lawyer, Richard A. Sprague, also confirmed that Fumo is the target in a statement released yesterday that harshly criticized the government's handling of the case.
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According to the FBI affidavit, the plans to erase e-mail were launched on the same days that the Philadelphia Inquirer ran articles relating to the grand jury probe of Fumo's ties with Citizens' Alliance for Better Neighborhoods, a nonprofit organization that has obtained millions of dollars in donations from powerful entities that lobby the state Legislature.
The Inquirer reported that Fumo brokered a secret deal in which Peco Energy Co. donated $17 million to the charity.