Andrew Do, former Orange County Supervisor, pleads guilty to bribery
SANTA ANA, Calif. - Saying he has "great sorrow" for his actions, former Orange County Supervisor Andrew Do pleaded guilty Thursday to a felony federal bribery conspiracy charge.
Do, 61, admitted in his plea agreement that in exchange for more than $550,000 in bribes, he cast votes on the Board of Supervisors beginning in 2020 that directed more than $10 million in COVID relief funds to the Viet America Society, where his daughter Rhiannon worked, according to the U.S. Attorney's Office.
Sentencing was set for March 31.
"I have great sorrow for my actions," Do told U.S. District Judge James Selna when the defendant was asked to state the crimes in his own words.
He could face up to five years in prison, U.S. Attorney Martin Estrada said. He told reporters he anticipates his office will push for the upper end of the punishment included in the federal guidelines.
Selna told Do he has the authority to impose a stiffer sentence, which can be appealed. But Do waives all of his appeals and cannot withdraw the plea if the sentence does not exceed the five years.
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Still to be sorted out is how much in restitution Do may have to make. It could be between $550,000 to $730,000 as spelled out in the plea agreement, but prosecutors could recommend the proceeds from the sale of the Tustin home his daughter bought could go toward restitution.
Do's attorney, Paul Meyer, said after the hearing, "We want to respect the legal process and will not discuss the case or facts. Andrew Do's in-court acceptance of responsibility to the judge, and his apology to his family and community, was complete and sincere."
Orange County District Attorney Todd Spitzer told reporters after Thursday's hearing that it was a "monumental day."
Spitzer added that "hearing (Do) saying it in his own words was significant and monumental."
Do's own account of his crimes "gave me confidence we got it right," Spitzer said.
When asked about any others who may have been involved in the scheme, Spitzer declined comment.
"Obviously, this is an ongoing investigation," Spitzer said, adding it would be unfair to discuss any probes of anyone not charged with any crimes.
"We are not done and will pursue every individual involved," Spitzer said. "We are absolutely committed and dedicated to making full restitution back to the taxpayers."
Spitzer said he felt "shamed" that the money for a memorial for veterans in Westminster was "squandered." He said Do's replacement could be sworn in earlier than the usual date in January.
Do, who was termed out at year's end, resigned his supervisorial seat as part of his plea deal.
It was a remarkable tumble out of power for the Vietnam War refugee, who was a prosecutor for the Orange County District Attorney's Office and a defense attorney before being elected to the Garden Grove City Council after serving as chief of staff for former Orange County Supervisor Janet Nguyen. He was first elected to the Board of Supervisors in 2015, and won another term in 2020.
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Prosecutors said some of the county money received by VAS was ultimately funneled through an unnamed outside company that made monthly $8,000 payments to Rhiannon Do, 23, totaling $224,000 by February 2024. The company also transferred more than $380,000 to an escrow company, and Rhiannon Do used that money to purchase a $1 million home in Tustin, prosecutors said. Other funds were routed back to Andrew Do to make property tax payments on properties owned by him and his wife, while another $15,000 was used to pay one of Andrew Do's credit card bills, according to the U.S. Attorney's Office.
"In total, Mr. Do and his family received over $700,000 in bribe payments," Estrada said at a news conference.
Do's constituents "got a politician, who put his own needs above those of the people in his community," Estrada said. "... Mr. Do is a representative of the American Dream. He came to this country, he worked hard, achieved success, was elected to public office and threw it all away to enrich himself."
Estrada said what worsened the corruption was "the people he stole from, the money he took, was meant for those most vulnerable in our community."
While agreeing to plead guilty to the federal bribery conspiracy charge, Andrew Do also reached a separate but related plea agreement with the Orange County District Attorney's Office, under which he stepped down as a county supervisor and will forfeit any pension credit he amassed during the time he was engaged in the bribery scheme since 2020, Spitzer said at the news conference.
Rhiannon Do, a third-year UC Irvine law school student, has agreed to fully cooperate with the investigation and will be allowed to enter a diversion program. She agreed to forfeit the home in Tustin, prosecutors said.
Prosecutors said another adult daughter of Do's received $100,000.
Andrew Do also faces a fine of up to $250,000.
When asked whether anyone else could face charges, Estrada said the investigation is ongoing.
Andrew Do had already been stripped of his committee assignments and his seat on the Orange County Transportation Authority board. Do was also censured by his fellow supervisors, some of whom had been calling for him to resign, since they lacked the power to remove him from office.
The firestorm around Do started last year when questions were raised about the COVID-19 relief subcontracts provided to the Viet America Society. The uproar boiled over in August when the county sued VAS in an attempt to claw back millions of dollars for unaccounted-for services tied to a contract for a program to deliver meals to the elderly and needy during the pandemic.
Do was not named in the lawsuit, but his daughter was accused of using some of the money to buy the home in Tustin. Do also has connections to Peter Pham, the head of VAS.
VAS officials insisted they prepared and delivered the meals during the pandemic, but failed to adequately account for the services. An attorney for VAS said its drivers struggled to collect all of the paperwork as residents were engaged in social distancing during the pandemic.
San Diego County Superior Court Judge Katherine Bacal -- who was appointed to handle the county's lawsuit because Do's wife, and Rhiannon's mother, is Orange County Superior Court Judge Cheri Pham -- has ordered VAS to set aside nearly $4.2 million in case the county prevails in its lawsuit.
The county has also sued the Hand to Hand Relief organization, which subcontracted with VAS.
Federal investigators in August raided the homes of Peter Pham and Rhiannon Do, along with other locations tied to the probe into alleged misuse of funds, including Andrew Do's home.
The plea agreement also outlines how prosecutors allege one of the unnamed co-conspirators used an air conditioning company that was paid $256,000 to funnel $100,000 in bribes to Do. That $100,000 was paid to Do's other daughter with three $25,000 checks from one company and $25,000 from another alleged co-conspirator, prosecutors said.
Of the $9.3 million that went to VAS, only 15%, or about $1.4 million, was used for what it was intended, Estrada said. The government has seized $2.4 million, along with the Tustin home and another home on 17th Street in Santa Ana, Estrada said.
Do touted in online videos that VAS provided 2,700 meals per week, prosecutors said.