Trial exhibits detail extensive bribery, fraud, corruption allegations against ex-Oakland mayor
OAKLAND, Calif. (KGO) -- Former Oakland Mayor Sheng Thao's federal bribery and corruption trial is scheduled to begin Tuesday, more than two years after the FBI raided her home. Also charged in the case are Thao's partner, Andre Jones, and California Waste Solutions executives David Duong and his son, Andy Duong.
7 On Your Side Investigates reviewed a series of exhibits prosecutors plan to present to jurors as evidence in the case. Prosecutors contend David Duong, with the help of Andy Duong, bribed public officials to advance the business interests of California Waste Solutions.
One exhibit, identified as Exhibit 540, is a video from a celebration marking the launch of Evolutionary Homes, a company formed to convert shipping containers into housing for homeless residents. Prosecutors say the company's business partner, Mario Juarez, made comments during a toast that referenced payments to Oakland officials.
"We're starting this this project, hopefully this is many, many, one of the many projects that we do together. And we make a lot of money," Juarez said.
According to court filings, prosecutors say Juarez later described how he and David Duong paid cash to Oakland city officials after California Waste Solutions obtained a recycling contract in 2015.
"The day after you won the City of Oakland contract, you were there paying everybody. Everybody was like f*****g piranhas after you, right? And I remember because I, I was there. I was, I was in your office and 50,000, 100,000 whatever it was," Juarez said in the recording.
RELATED: Oakland Bribery Case: Thao, others accused of trying to kill story of alleged sexual misconduct
Court records also state that after an FBI interview, agents wrote that "Juarez knew his own role in his relationship with the Duongs was to help facilitate bribes to public officials." According to the filing, Juarez recounted that an unidentified individual was paid $300,000 in cash in a black gym bag and said he helped count the money.
Lawyers for the Duongs sought to exclude the video, arguing that the allegations were unrelated to the charges in the case. U.S. District Judge Yvonne Gonzalez Rogers ruled that jurors may view the recording and hear several phone calls recorded by Andy Duong.
Another exhibit centers on a 2019 conversation involving then-Councilmember Thao. Prosecutors allege Thao provided Andy Duong with information about internal City Council discussions while California Waste Solutions faced accusations that it was overcharging customers.
"Noel feels like there should be a refund of some sort. This is where Rebecca got caught up because she didn't have an answer for it. So, you guys have an answer for it, right?" Thao said in the recording.
Prosecutors also cite a conversation in which Thao discussed meeting privately with Duong.
"We don't want people hearing us talk about this stuff, you know," Thao said. "And but if it's a private room, it's it's- I prefer a private room because we don't really want to be seen with you guys," she added.
RELATED: FBI Oakland bribery case: Defendant took secret, compromising videos of politicians, records show
According to court filings, prosecutors argue the conversation demonstrates a longstanding relationship between Thao, the Duongs and California Waste Solutions, as well as a preference for conducting sensitive discussions in private.
Jurors also are expected to hear a January 2024 phone call between Andy Duong and Oakland City Councilmember Kevin Jenkins. In the call, Duong invited Jenkins to a future private yacht outing after Jenkins said he could not attend a cruise.
"We can party up, up in the yacht. But, Yeah, I'll keep you posted on another one. Next time we do a, a private one for us only," Duong said.
Defense attorneys argued the recording could unfairly prejudice jurors by portraying Duong negatively. The judge, however, ruled that the call may be introduced as evidence.
In the same conversation, prosecutors say Duong complained that Thao was not moving quickly enough to purchase units from Evolutionary Homes and discussed the possibility of withdrawing support for the mayor.
"If you really want to continue for another term, then you better start acting right," Duong said, recounting what he told Thao.
The exhibits represent only a portion of the evidence expected to be presented during the trial. Separately, prosecutors raised concerns in a pretrial motion that defense attorneys might seek to introduce a documentary about David Duong titled "The King of Trash," which chronicles his family's escape from Vietnam and his business career. Defense attorneys responded that they did not plan to show the film to the jury.
