At least two county supervisors questioned whether asking the Department of Justice to reassess potential prison time for former supervisor Andrew Do would be overstepping on the OC Board of Supervisors’ part.
Supervisors Doug Chaffee and Janet Nguyen asked their colleagues on Tuesday, April 8, to consider reaching out to federal prosecutors to urge them to review the plea agreement signed with Do, who last year pleaded guilty in federal court.
Unable to reach a consensus, the OC Board of Supervisors will revisit the idea later this month.
Do pleaded guilty in October to accepting at least $550,000 in bribery money to direct public dollars to Viet America Society. About $9.3 million in federal COVID relief dollars were funneled to the group, mostly at the direction of Do from his First District discretionary funds. The funding was meant to provide meals to the county’s elderly and people with disabilities, but of that, only 15% was spent on the meals, according to his plea agreement.
There is no minimum amount of prison time outlined in the plea agreement Do signed, however, federal prosecutors previously said the bribery charge carries a statutory maximum of five years in federal prison and “there’s a good likelihood” that the U.S. Attorney’s Office will pursue that sentence.
Do’s sentencing hearing before a judge is scheduled for June.
Do’s plea agreement and possible sentencing “stands in stark contrast to harsher penalties imposed” on those sentenced for similar crimes, the two supervisors said in a memo.
“The integrity of our justice system and the trust our residents place in it is on the line,” Nguyen said Tuesday, also noting there has been significant turnover in the leadership at the Department of Justice since the plea agreement was reached.
But Supervisor Don Wagner said it is not the board’s place to weigh in on the issue of punishment.
“That, to me, shows a profound disrespect for the prosecutors and law enforcement at the state and county level who have worked so hard on this case, know it better than we do, and have said this is the deal appropriate under the circumstances,” Wagner said.
Supervisor Vicente Sarmiento was also on the fence, concerned about overreach.
“I don’t think we’re prohibited from doing or introducing a resolution like this for consideration, but it’s certainly irregular,” Sarmiento said. “When it comes to federal issues, there does have to be a respect that we have to have as a legislative body. My concern with this is that we are overstepping where our role is.”
A “politically motivated” attempt to influence the judicial system would be “reprehensible,” Paul S. Meyer, attorney for Do, said Tuesday in a statement. “Members who seek to use undue political influence tarnish the integrity of the Board of Supervisors.”
But this is not about “political retribution or politics,” Nguyen said. “It is about fairness and justice. It is about accountability, and it’s about ensuring that public officials are held to the highest standard.”
For months after Do resigned from his position as the First District supervisor and pleaded guilty to the federal bribery charges, he continued to receive confidential emails between the board and county counsel. Do’s civil lawyer, Eliot Krieger, notified County Counsel Leon Page of the problem on Feb. 20, as required by state regulations. Supervisor Katrina Foley said Do should have reported that error earlier on.
“ I feel that the Department of Justice should reconsider and reassess the plea agreement because he continued to act in an unethical, criminal-minded manner even after signing the plea agreement. And there is language in the plea agreement that prohibits that,” she said.
Pointing to the two-month prison sentence recently handed to former Anaheim Mayor Harry Sidhu, who had pleaded guilty in 2023 to four felonies including obstruction of justice, wire fraud and two counts of making false statements to a federal agency, Foley said “it’s imperative that the board make clear” to the DOJ that the county stands for “punishing perpetrators to the fullest extent of the law.”
Though the two supervisors’ proposed resolution did not need unanimous approval, Chaffee, who is the board chair, had said Tuesday he wanted to reach a decision everyone approved of as a unit.
But by the end of the discussion, Nguyen said she doubted the board would be able to reach a unanimous decision. She initially resisted continuing the discussion to another meeting, but agreed when Chaffee confirmed the item could move forward at the next meeting if it received the minimum necessary votes.
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