{"id":90957,"date":"2025-12-12T01:19:12","date_gmt":"2025-12-12T01:19:12","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ca\/90957\/"},"modified":"2025-12-12T01:19:12","modified_gmt":"2025-12-12T01:19:12","slug":"sheng-thao-joins-motion-to-toss-evidence-from-oakland-fbi-raids","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ca\/90957\/","title":{"rendered":"Sheng Thao joins motion to toss evidence from Oakland FBI raids"},"content":{"rendered":"

Former Mayor Sheng Thao and two other people indicted on federal bribery charges earlier this year seek to suppress evidence seized in headline-making FBI raids<\/a> last year, accusing the agency of ignoring a key informant\u2019s \u201clifelong history of criminal arrests, fraud and deceit.\u201d<\/p>\n

Motions filed last week by Thao, her romantic partner Andre Jones, and businessman Andy Duong join a filing by Andy\u2019s father and business partner David Duong<\/a> in October and make additional arguments.\u00a0<\/p>\n

All four people were indicted<\/a> in January for allegedly concocting a bribery scheme in which the Duongs \u2014 who run Oakland\u2019s curbside recycling company, California Waste Solutions \u2014 would help Thao get elected and pay Jones a bribe in exchange for lucrative contracts from the Thao administration.\u00a0<\/p>\n

The US attorney\u2019s case focuses heavily on Evolutionary Homes, a short-lived modular housing company the Duongs launched with Fruitvale businessman Mario Juarez before the founders had a falling-out. Prosecutors claim that Thao agreed to purchase their shipping container homes for the city to use as homeless shelters, in exchange for the Duongs paying Jones $95,000 for what the indictment calls a \u201cno-show job\u201d at the company and promising him up to $3 million more.\u00a0<\/p>\n

The indictment refers frequently to a person called \u201cCo-conspirator 1,\u201d whom we\u2019ve identified through records and interviews as Juarez. Juarez has an extensive legal history<\/a>; he\u2019s been accused in court numerous times over the past two decades of fraud and embezzlement, including in three criminal cases (he has never been convicted).\u00a0\u00a0<\/p>\n

In their new filings, lawyers for the defendants accuse a \u201crelatively inexperienced\u201d FBI agent of either taking the word of an unreliable source \u2014 Co-conspirator 1 \u2014\u00a0or intentionally downplaying his sordid background in the affidavit he filed to seek a search warrant for the property of Thao, Jones, and the Duongs.\u00a0<\/p>\n

They also argue that none of the accusations provide cause for specifically searching the defendants\u2019 homes and vehicles.<\/p>\n

In June 2024, the FBI raided those locations, as well as the Duongs\u2019 offices, seizing their electronics and troves of records and igniting a political firestorm in Oakland.<\/p>\n

Thao\u2019s lawyers say informant made up stories for \u2018clout and riches\u2019<\/p>\n

The affidavit that led to the raids has not been made public, but it\u2019s heavily referenced in all four recent motions and, according to the defense lawyers, is based primarily on statements and records from Co-conspirator 1.\u00a0<\/p>\n

At the time, Co-conspirator 1 was being investigated federally for mail fraud, according to attorneys, related to attack ads targeting Thao\u2019s opponents that he sent during the 2022 mayoral election. (The Alameda County district attorney ended up charging Juarez with fraud related to this but ultimately dropped the case<\/a>).\u00a0<\/p>\n

Lawyers for the defendants say the bribery case stems from information the government discovered in Juarez\u2019s possession while investigating him in the mail fraud case. (Federal prosecutors have previously said<\/a> they began their investigation after the city\u2019s Public Ethics Commission brought allegations to them.)<\/p>\n

A spokesperson for the US Attorney\u2019s Office declined to comment on the new filings but said the government\u2019s opposition to the motions is due Jan. 15. The FBI did not respond to a request for comment.\u00a0<\/p>\n

\u201cThese notes appear to be Chief Cooperator\u2019s own fever-dream ideas about how he could deceive others into believing mayoral candidate Thao was in his pocket.\u201d<\/p>\n

The government\u2019s \u201callegations reflect one individual\u2019s attempt to gain clout and riches through a housing development business and fabrication of a partnership with the now-former mayor of Oakland to advance his goal,\u201d Thao\u2019s lawyers, Jeffrey Tsai and Darryl Tarver from the firm DLA Piper, write in their motion<\/a>.<\/p>\n

They point to iCloud notes from Co-conspirator 1, whom they dub the FBI\u2019s \u201cChief Cooperator,\u201d saying that\u2019s more accurate. (They also dispute that there\u2019s a legal basis for keeping his identity hidden.)\u00a0<\/p>\n

The FBI said in the affidavit that the notes in question list terms of the bribery scheme and include details from meetings with Thao. However, Thao\u2019s lawyers claim, the dates the notes were created don\u2019t match up with the dates of the alleged meetings.<\/p>\n

\u201cFar from establishing that Ms. Thao knowingly and intentionally agreed to terms in connection with some kind of illegal scheme, these notes appear to be Chief Cooperator\u2019s own fever-dream ideas about how he could deceive others into believing mayoral candidate Thao was in his pocket,\u201d they write.<\/p>\n

Co-conspirator 1 \u201chas a documented counter-attack history of alleging misconduct by others in response to accusations (and lawsuits) lodged against him,\u201d they write.\u00a0<\/p>\n

For example, the attorneys note that when then-District Attorney Pamela Price charged Co-conspirator 1 with fraud for allegedly passing bad checks to pay for the attack mailers, Co-conspirator 1 turned around and accused her of having solicited a bribe from him.<\/p>\n

Thao\u2019s attorneys claim the investigation hasn\u2019t turned up a single record showing she participated in a bribery scheme. In fact, they argue that none of the alleged plans and favors listed in the iCloud notes came to fruition. They point to a \u201cletter of interest\u201d drafted by Co-conspirator 1, intended for Thao to sign, indicating Oakland would pursue the purchase of Evolutionary Homes units. But she never signed it, her attorneys say, and it doesn\u2019t appear the city ever came close to buying the housing.<\/p>\n

Federal prosecutors have alleged that Thao did successfully push for the appointment of a city employee to a senior housing department position because he was friendly to the Duongs. The employee they\u2019re referring to, Larry Gallegos, abruptly left the city<\/a> the same day the indictment was unsealed. He hasn\u2019t been accused of any crimes.<\/p>\n

Informant was racially biased, lawyers claim
\n\"\"The offices of California Waste Solutions at 1211 Embarcadero also served as the office of Evolutionary Homes, the company launched by the Duong family and Mario Juarez. Credit: Darwin BondGraham<\/p>\n

Thao\u2019s lawyers argue in their filing that Co-conspirator 1 exhibited racial prejudice against Jones, who is Black. They say the FBI knew about their source\u2019s bias but omitted it in the agent\u2019s affidavit.<\/p>\n

The affidavit included excerpts from a text exchange between Andy Duong and Co-Conspirator 1, in which the latter texts Duong that Jones wants \u201cdirect access\u201d to money.\u00a0<\/p>\n

Thao\u2019s lawyers include the complete text exchange in their new motion, which shows that, in texts omitted in the affidavit, Co-conspirator 1 writes \u201cstupid black shit\u201d in reference to Jones\u2019 request and writes of Jones that he \u201cdon\u2019t think how things get done.\u201d<\/p>\n

Duong responded, \u201cWell he wants that access better get to work,\u201d and, \u201cAint nothing free or front cuz we did all that to help her ass win.\u201d<\/p>\n

\u201cThere can be no dispute that the meaning is anything other than a race-bias motivation,\u201d the lawyers write, accusing the FBI of \u201csurgically\u201d removing those texts to obtain the search warrant.\u00a0<\/p>\n

Andre Jones\u2019 motion<\/a> acknowledges that the FBI says it has checks amounting to $95,000 from Evolutionary Homes to Jones, with memos stating they were \u201cadvances\u201d on the sale of homes from the company. According to an agreement written by Co-conspirator 1, those amounts were payments toward an eventual fee of $300,000 that would be paid to Jones if 300 housing units were sold by the end of 2023.\u00a0<\/p>\n

But Jones\u2019 lawyers, Mark Goldrosen and Shawn Halbert, also point to records they say show that Thao ignored some requests for meetings with Evolutionary Homes or referred company representatives to city staff.\u00a0<\/p>\n

Together, those facts, the lawyers argue, \u201cdo not come close\u201d to a finding of probable cause to search Jones\u2019 property for bribery evidence.\u00a0<\/p>\n

The motion notes that while Jones and Thao had some phone and text contact with Co-conspirator 1 ahead of the 2022 election, Jones declined to participate in devising the language for the mailers Co-conspirator 1 was making to attack Thao\u2019s opponents, because, he said in a text, that would constitute illegal \u201ccoordination.\u201d\u00a0<\/p>\n

Jones\u2019 lawyers say the FBI agent seeking the search warrant took an unreasonable leap, extrapolating from these records that Jones must have secretly coordinated with Co-conspirator 1 over the phone, using the text exchange to cover his tracks \u2014 instead of taking at face value that Jones was trying to follow the law.\u00a0<\/p>\n

\u201cThe government relied on a relatively inexperienced agent who adopted the informant\u2019s version of events and ignored critical evidence that undermined the credibility of the informant,\u201d Goldrosen and Halbert write. They argue that in addition to omitting some facts and drawing speculative conclusions, the FBI agent got a critical date wrong in the affidavit.<\/p>\n

Further undermining Co-conspirator 1\u2019s credibility, Jones\u2019 lawyers argue, are conflicting statements that Co-conspirator 1 made to the police and the FBI the day after a shootout outside his residence in June 2024. Juarez has publicly spoken about being the target of this shooting and has accused the Duongs of orchestrating it, which they deny.<\/p>\n

Jones\u2019 lawyers also claim the gun Co-conspirator 1 later brought to law enforcement was different than the one he reported firing in the incident, and note that while he told law enforcement that he fired his weapon in self-defense, surveillance records show he fired the first shot. Their motion also details investigations into Juarez for money laundering and fraud.<\/p>\n

Halbert told The Oaklandside that \u201cso much is missing\u201d about Co-conspirator 1\u2019s past in the affidavit that was submitted to the judge.<\/p>\n

\u201cWhen an agent goes to the judge, the judge is relying on the agent to disclose everything she would want to know,\u201d Halbert told us. \u201cIn this case, so much is missing that would be relevant to the judge\u2019s determination of credibility.\u201d\u00a0<\/p>\n

Halbert declined to comment on the specifics of the government\u2019s evidence, like the checks paid to Jones by Evolutionary Homes.<\/p>\n

Notorious text messages come under scrutiny
\n\"\"A screenshot of an interview with Mario Juarez from a video posted by the Vietnamese American Business Association, which is run by the Duong family, before the collapse of Evolutionary Homes. Credit: VABA<\/p>\n

As in the Jones filing, Andy Duong\u2019s lawyers accuse the feds of \u201cinexplicably omitting a robust history\u201d that undermines their source\u2019s credibility.<\/p>\n

In their motion<\/a>, Duong\u2019s attorneys portray their client as the frequent, unwitting recipient of a barrage of \u201cerratic\u201d and \u201cunsolicited\u201d texts from Co-conspirator 1, which he often ignored or responded to curtly.<\/p>\n

Andy Duong\u2019s texts with Co-conspirator 1 are key evidence in the government\u2019s case. Most infamously, Co-conspirator 1 texted, \u201cSo we may go to jail\u2026 but we are $100 million dollars richer.\u201d<\/p>\n

Duong\u2019s lawyers say this text is part of an exchange from Nov. 18, 2022. At that time, Price had just been declared winner of the district attorney race, but the nail-biter race for mayor, between front-runners Thao and Loren Taylor, would not be decided for a few more days.\u00a0<\/p>\n

Duong\u2019s lawyers claim the text about jail was \u201ca tongue-in-cheek reaction to the consequence of the winner being a candidate Co-conspirator 1 did not support.\u201d\u00a0<\/p>\n

As for Duong\u2019s response \u2014 \u201cMoney buys everything.\u201d \u2014\u00a0his lawyers argue that this was simply a \u201ccommon adage about politics,\u201d referencing Price\u2019s unexpected win.<\/p>\n

When Co-conspirator 1 responds, \u201cPlus, we have a 10 year extension to CWS,\u201d referring to the contract with California Waste Solutions, the lawyers call it a \u201cnon-sequitor.\u201d A contract extension is one of the favors that prosecutors say Thao promised the Duongs in the alleged bribery scheme.<\/p>\n

Duong is represented by attorneys from the firms Gibson, Dunn & Crutcher; Covington & Burling; and the Law Offices of Erik Babcock.\u00a0<\/p>\n

Lawyers for Duong and Thao did not respond to interview requests for this story. Juarez referred us to his lawyer, Ernie Castillo. Reached by phone, Castillo declined to comment, saying, \u201cI\u2019m not involved in the federal side of this.\u201d\u00a0<\/p>\n

The attorneys are jointly asking for a hearing in February, where they could question the FBI agent who wrote the affidavit.<\/p>\n

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