Fumo friend charged with obstruction

Mitchell Rubin, fired a year ago as chairman of the Pennsylvania Turnpike Commission, was charged yesterday with obstructing a federal investigation into his longtime friend, former State Sen. Vincent J. Fumo.

Rubin, 58, a well-known figure in Philadelphia political circles, is accused of "withholding material facts" from FBI agents investigating Fumo in 2006, according to the accusation filed in U.S. District Court.

The Fumo probe led to a lengthy trial and last year's conviction of Fumo and Rubin's wife, Ruth Arnao, on federal charges of conspiracy, fraud, and obstruction of justice.

Rubin was charged in an information, rather than a grand jury indictment, typically an indication that the defendant plans to plead guilty. Rubin's attorney, Barry Gross, declined to address that possibility.

"We have decided that we are just going to take the position of no comment," said Gross.

First Assistant U.S. Attorney Virginia Gibson also declined to comment.

Rubin's wife received a jail sentence of a year and a day, while Fumo was sentenced to 55 months. Rubin spent nearly every day in the courtroom supporting his wife during the 41/2-month trial.

During the trial, witnesses said that Rubin had a $30,000-a-year "consulting" contract with Fumo that was paid with state funds. The disclosure later prompted Gov. Rendell to fire Rubin from the Turnpike Commission, saying there was strong evidence that Rubin had done no work for the pay.

Two of the counts on which Fumo was convicted charged that the payments to Rubin, which spanned five years, were an illegal use of state money.

Rubin is also the owner of Philadelphia Writ Services, a company hired by the city courts to serve legal papers. His 2010 contract is worth $1.3 million, and was awarded after a "competitive" process, according to city documents. In past years, work was awarded on a "noncompetitive" basis and Rubin received contracts worth up to $4.8 million a year, documents show.

The charge filed yesterday says FBI agents were attempting to determine if the contract with Fumo, through Rubin's firm, was legitimate or an "improper payment" of public money. Agents subpoenaed documents and interviewed Rubin on March 23, 2006.

Rubin is accused of withholding information from FBI agents at that session and "failing to fully and honestly respond" to questions about why he got the contract, paid for with money from a state Senate fund.

Allegations that Rubin lied to the grand jury were laid out last year in connection with Fumo's sentencing.

Assistant U.S. Attorney Robert A. Zauzmer said that Rubin initially told investigators that the payments were for legitimate work by his legal services company.

"Rubin appeared before the grand jury and loyally parroted the prepared story, that this was a legitimate . . . contract," Zauzmer wrote in a court document.

"But then the government investigated, and found that no Senate employee used . . . [Rubin] for anything, or even knew that Rubin had a Senate contract."

Rendell told reporters last March that he removed Rubin after reviewing the Fumo trial transcripts and testimony and speaking with federal prosecutors. Rendell said he came away convinced there was evidence that Rubin had done nothing in return for the $150,000 he accepted.

Rubin served on the turnpike authority for 11 years, including six as chairman. He was originally appointed by Gov. Tom Ridge in 1998, but Fumo selected him for the post.

"That was my call," he said at the time.

Following political tradition, the Turnpike Commission jobs are split between Republicans and Democrats.

Fumo, 66, a long-powerful Philadelphia Democrat, was found guilty of obstructing justice; defrauding the state Senate by getting employees to do personal, political, and campaign work for him on state time; and defrauding Citizens' Alliance for Better Neighborhoods, a neighborhood improvement organization, and the Independence Seaport Museum. In total, he was found guilty of 137 counts.

Rubin faces a sentence of up to 10 years in prison and a fine of $250,000 if convicted.