Fumo - Def Lawyer Ltr Re Advice Of Counsel

LAW OFFICE OF PETER GOLDBERGER 50 Rittenhouse Place Ardmore, PA 19003-2276 Of Counsel:

Anna M. Durbin* James H. Feldman, Jr.†

(610) 649-8200

Peter Goldberger* Pamela A. Wilk

FAX (610) 649-8362 E-mail [email protected]

*Also admitted in Connecticut †Also admitted in Ohio

September 5, 2008 Via E-Mail John J. Pease, Esq. Robert A. Zauzmer, Esq. Assistant U.S. Attorneys 615 Chestnut Street, suite 1250 Philadelphia, PA 19106 Re: United States v. Fumo No. 06-CR-319-03 Dear Bob and John: On behalf of the defendant, Vincent J. Fumo, I write to advise you of our position as to the extent of the defendant’s waiver of attorney-client privilege. At trial, in Senator Fumo’s defense with respect to the various charges under 18 U.S.C. §§ 1512 and 1519, we intend to rely, in part, on legal advice that Mr. Fumo received or understood he had received. Specifically, at all relevant times up to February 18, 2005, when the search warrant was served, Mr. Fumo relied upon advice given to him by his long-time attorney and confidant, Richard A. Sprague, that it was permissible under federal law not to retain any document that was not under subpoena. The defense understands that within the limits of this stated time frame and subject matter, our reliance on the advice Senator Fumo received waives the defendant’s attorney-client privilege with Mr. Sprague, such that you may issue trial subpoenas and conduct further searches of seized evidence previously deemed privileged. In addition, as you know, Senator Fumo also relied on similar advice he received from attorney Robert Scandone, as to whom Mr. Fumo waived attorney-client privilege when Mr. Scandone was called before the grand jury. Sincerely, Peter Goldberger

Digitally signed by Peter Goldberger DN: cn=Peter Goldberger, o=Law Office of Peter Goldberger, ou, email=peter. [email protected], c=US Date: 2008.09.05 15:31:16 -04'00'

PETER GOLDBERGER Co-Counsel for Defendant Fumo cc via fax: Hon. William H. Yohn, Jr. cc via e-mail: Dennis J. Cogan, Esq. Edwin J. Jacobs, Esq. Mark Sheppard, Esq. (Sprague & Sprague)