Photos of former Oakland Mayor Sheng Thao and Andy Duong posing together on several key dates and locations figured prominently in the prosecution’s case Thursday in Oakland.Day 5
—A cellphone photo of celebratory champagne bottles and cigars. Another placing former Oakland Mayor Sheng Thao at a waterfront restaurant the same time the alleged deal was being sorted out. A photo taken with Andy Duong’s phone of a screen detailing the conspiracy’s “deal points.” And a text message boasting that money buys everything.
Federal prosecutors painstakingly assembled a digital trail of photographs, text messages, phone records and financial transactions Thursday to bolster their allegations that Thao and members of the politically influential Duong family participated in a sprawling bribery conspiracy involving Oakland City Hall.
The evidence, much of it extracted from Andy Duong’s cellphone, provided jurors with an unusually detailed chronology of meetings and communications among the defendants, political operative Mario Juarez and Thao’s longtime partner, Andre Jones.
Through testimony from a FBI special agent who extracted the info from various devices, prosecutors connected cellphone photographs with electronic messages and calendar appointments, often establishing that meetings discussed privately actually occurred.
The government alleges the Duongs helped finance negative campaign mailers against Thao’s 2022 mayoral opponent, Loren Taylor, in exchange for promises of lucrative city business and political appointments.
—TRIAL TICK-TOCK—The prosecution’s chronology began in October 2022, weeks before the mayoral election.
On Oct. 5, Duong photographed four champagne bottles, five cigars and Juarez during discussions surrounding Evolutionary Homes, a company the government alleges was central to the conspiracy.
An agreement dated that day outlined a $950,000 investment by Duong representing a 47.5 percent ownership stake.
Two days later, Juarez reported meeting with Thao about purchasing 100 housing units. Other communications discussed bringing additional political figures into their orbit.
By Oct. 12, attention had shifted toward campaign mailers attacking Taylor.
Messages showed Juarez requesting opposition research from Jones, while Thao separately asked Jones whether he had supplied the requested materials.
That evening, Juarez forwarded draft mailers to Andy Duong.
Two days later, communications detailed arrangements for approximately $75,000 in printing and postage expenses. Prosecutors showed an invoice from Juarez’s company, Ciudad Holdings, to Andy Duong and California Waste Solutions, describing the payment as professional services.
A photograph recovered from Duong’s phone showed a $75,000 check made payable to Ciudad Holdings for the now-infamous mailers.
—POST-ELECTION TRANSITION TEAM—The exchanges became particularly revealing after the November election, when Thao narrowly defeated Taylor.
“So we may go to jail,” Juarez messaged Andy Duong during a conversation about the results, finalized roughly 10 days after Election Day 2022.
“But we are $100 million richer,” Juarez added.
“Money buys everything,” Andy Duong responded.
The messages are among the prosecution’s most striking evidence of how participants characterized their political investment.
Photographs subsequently placed Andy Duong with Thao at Oakland City Hall following her election and later at California Waste Solutions offices.
Prosecutors also presented evidence concerning efforts to influence city appointments, particularly involving Larry Gallegos, a city hall employee.
Messages showed Juarez promoting Gallegos for a city position while coordinating introductions with the Duongs.
Photographs documented subsequent meetings involving Gallegos at California Waste Solutions.
The government’s evidence also followed the developing financial relationship with Jones.
—DEVELOPING DEAL—On Dec. 14, 2022, Juarez informed Andy Duong that he had provided Jones a $20,000 loan. Bank records showed Jones subsequently received or cashed checks totaling that amount.
By spring 2023, communications revealed growing frustration over the pace of promised arrangements.
“We have agreement. Invested money time and talent and we have your word. That is a bond between us,” read one message by Juarez outlining grievances.
Another from Andy Duong was considerably more direct: “Ain’t nothing free or front because we helped her ass win.”
The prosecution also introduced evidence concerning a consulting agreement that promised Jones substantial compensation for selling Evolutionary Homes units.
The contract included advances, monthly payments and commissions of $10,000 per unit sold. If Jones successfully sold 300 units, commissions alone could have reached $3 million.
But the agreement also highlighted a central defense argument: Jones’s attorneys maintain that he was being hired to perform legitimate work, rather than receiving a no-show job as prosecutors allege.
—DAY 5 TAKEAWAYS—It was not a good day for the defense. The steady drip of potentially damning texts, emails and photographs—many resulting from Andy Duong’s apparent proclivity for documenting virtually every aspect of the alleged scheme on his cellphone—made for a compelling presentation by prosecutors.
Still, defense attorneys for Sheng Thao, Andre Jones, David Duong and Andy Duong have yet to cross-examine the FBI special agent who introduced the evidence. That could come Friday. Prosecutors appeared close to wrapping up their questioning Thursday.
The accumulation of photographs, messages and financial records was intended to establish something beyond ordinary political relationships and business dealings. Prosecutors sought to show jurors how campaign assistance, access to City Hall, political appointments and lucrative financial opportunities allegedly became intertwined.
The 12 jurors and six alternates, some of whom appeared a bit bored earlier in the week, were riveted by the special agent’s testimony and the steady stream of evidence displayed on courtroom monitors—texts, emails, a trove of selfies taken by Andy Duong and three short videos.
Across the courtroom, some defendants appeared less comfortable. At several points, Thao in particular appeared visibly concerned as testimony and evidence involving her dealings with David Duong unfolded.
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