A defendant in the federal bribery and corruption case surrounding former Oakland Mayor Sheng Thao is trying to have key evidence thrown out. Attorneys for David Duong have filed that motion; he’s the owner of Oakland-based recycling company, California Waste Solutions. Duong’s attorneys say FBI agents got a warrant to search his home without telling the judge fully about the background of a key witness.

It’s been almost 10 months since former Oakland Mayor Sheng Thao, her partner Andre Jones, David Duong and his son, Andy, from California Waste Solutions, were indicted in a federal bribery and corruption case. From the start, their lawyers attacked the government’s key witness.

Sheng Thao’s attorney, Jeff Tsai said, “The case is built on allegations from an unknown co-conspirator that we believe when the evidence is revealed will show my client has committed no crimes.”

We now know that witness – “co-conspirator 1” in the indictment – is Mario Juarez, businessman and former Oakland City Council candidate. He also co-founded Evolutionary Homes with the Duongs; they hoped to sell converted shipping containers to local governments as housing for the homeless. The I-Team obtained video from the Evolutionary Homes showroom with Mario Juarez, Andy Duong, a councilmember, and some staff.

The indictment says the Duongs promised bribes and kickbacks to Sheng Thao and her partner, if the mayor purchased container homes for Oakland. Before agents from the FBI, IRS and U.S. Postal Service could raid the homes of David and Andy Duong, Sheng Thao and her partner in June 2024, they had to get a search warrant signed by a magistrate judge.

TIMELINE: FBI political corruption investigation involving Oakland Mayor Sheng Thao, Duong family

Lawyers for David Duong have now filed this “motion to suppress” evidence from that search saying, “The government failed to disclose that Co-Conspirator 1 (Mario Juarez) … has a decades-long history of fraud and has been repeatedly found liable for fraud in lawsuits.”

Former federal prosecutor Rob Rees tells us, the motion to suppress could be effective, especially if filed early in the case. “You can attack some of the evidence that could be brought in your case,” Rees said. “And by attack, I mean you can get it basically suppressed, which would mean thrown out of court.”

The motion to suppress also claims that Juarez is cooperating with prosecutors in hopes of leniency. He produced this negative campaign mailer for Sheng Thao that went out days before the election. Thao’s former chief of staff told me that she was there at this campaign event in October 2022 when Mario Juarez approached Andy Duong for the remainder of the $75,000 needed to finish the fliers.

Renia Webb, Sheng Thao’s former chief of staff from June 2024: “And he straight up said he needed $25,000 to finish that mail piece,” Renia Webb told the I-Team in June 2024. “And I walked away because I knew that they shouldn’t even be dealing with that or talking about that type of stuff.”

The motion to suppress also says the government did not disclose to the magistrate judge “the most incendiary allegation, that the Duongs had supposedly orchestrated an attempt to kill (Mario Juarez) for cooperating with law enforcement” and that Juarez lied about what actually happened the night of June 9 2024.

VIDEO: Was a wild Oakland shootout tied to former Mayor Sheng Thao corruption case?

We’re learning more about a wild shootout that targeted a potential witness to the federal corruption case involving former Oakland Mayor Sheng Thao.

Hermelindo Ramos-Ramos: “Mario started shooting first.”
Dan Noyes: “He started shooting first?”
Ramos-Ramos: “Yeah.”

We interviewed a man who admitted exchanging gunfire with Juarez. Hermelindo Ramos-Ramos told is that he was simply trying to close the trunk on Juarez’ SUV. “And then we finish play soccer, I tried to go to my home. When I go to my home, I see that his car open. I tried to close it. And then he shoot at me.”

When I first reported that story in March, Mario Juarez confirmed firing first. He told me suspects in two cars were breaking into his SUV, banging bricks against the windows – you can see a brick on the ground, red marks from bricks on the windows. Not signs of a targeted hit, the story that Juarez apparently told investigators. Rees explains the judge could quickly decide that the additional information would not have made a difference in approving the search warrants.

MORE: San Leandro city council member charged in FBI corruption case linked to former Oakland mayor

Rob Rees:: “Or the district court may say, you know, there’s enough to this, I want to hear from the agent. That’s slightly less common, but it’s a possibility.:
Noyes: “So you could actually bring the agent in?”
Rees: “That’s the specific request they’re making for an evidentiary hearing.”

In a related case, San Leandro Councilmember Bryan Azevedo, seen in that video from Evolutionary Homes, is charged with honest services wire fraud and lying to federal agents about receiving money from the Duongs. In this notice filed Tuesday, federal prosecutors are now saying they “are close to a resolution of his case” and do not expect a trial.

Retired prosecutors tell us that most probably means Azevedo is cooperating and could be a witness for the government. He has a hearing next week. The motion to suppress the evidence from those FBI searches is set for February.

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