Andrew Cosenza fired back in court this week, saying that Fumo had approved all the PAC spending, including airfare for public officials who've visited Fumo in prison to discuss "political activities."
Cosenza, whose company, Cozco Management, runs the Philly Steak & Gyro stands at Philadelphia International Airport and elsewhere, claimed that Fumo is attempting to gain control of Fumo for Senate funds "to be utilized for his own personal purposes as opposed to any of the lawfully declared purposes of the PAC."
Cosenza alleged that Fumo wants the money "for either reimbursement of his counsel fees for the defense of his federal criminal matter and/or for the payment of forfeiture and restitution debts to the federal government."
Fumo for Senate had about $256,000 cash on hand at the end of 2011, the last time it filed a report.
Emails included in Cosenza's court filing show that Fumo, from prison, had been directing Cosenza how to spend, recoup and raise money for the PAC.
"You were going to raise a few hundred thou by the time I got home. Remember?" Fumo wrote to Cosenza on May 6, 2011, signing the email, "Love, Big Bro :)" Fumo also suggested that Cosenza recoup money that Fumo for Senate had given to a PAC whose treasurer is Rosanne Pauciello, a ward leader and former Senate aide, writing: "She only spends it on her cell-phone bill and some dinners!"
The next morning, Fumo emailed Cosenza again: "There has to be at east (sic) $750,000 in there by time I get out! OK? No BS. OK?"
Cosenza and his attorney, Joseph Grimes, did not respond to requests for comment Wednesday. Dion Rassias, who filed the lawsuit on behalf of Fumo, said that he hasn't read Cosenza's response.
Attorney Dennis Cogan, who represented Fumo in the criminal trial, said that Fumo had planned to explore whether the PAC money could be used to cover some of his restitution, but not legal fees.
"That's the question that's open and that's what he was talking about," Cogan said.
Contact William Bender at firstname.lastname@example.org or 215-854-5255. Follow him on Twitter @wbender99.