Fielding questions from the press and some jeering from Thao’s critics on the courthouse steps, Thao’s attorney criticized the role of an unnamed conspirator in the case, who he said provided the evidence central to the FBI’s case.
“The mayor looks forward to defending herself against these charges, showing that there is, in fact, no evidence to support these charges,” said Jeff Tsai, Thao’s counsel.
The indictment (PDF) alleges that Thao promised to take official actions as mayor to benefit the Duong family in exchange for benefits for her and Jones. This included a promise of a commitment by the city of Oakland to purchase housing units from the Duong family’s housing company, Evolutionary Homes, to extend contracts with the Duong family’s recycling company, and to appoint senior city officials selected by the Duongs and the unnamed co-conspirator, identified as “a local businessman.”
In exchange, the Duongs promised to pay $75,000 to fund negative mailers targeting Thao’s opponents in the mayoral election and to make $300,000 in direct payments for no-show jobs to Jones, according to the indictment.
It became clear that the FBI was investigating this network of relationships since the FBI raid of Thao’s home in June, along with properties owned by the Duong family. The Duongs have been the focus of a separate investigation by the Oakland Public Ethics Commission and California Fair Political Practices Commission into an alleged straw donor scheme.
Financial records indicate that after Jones began receiving payments from the one unnamed conspirator, he began contributing to his and Thao’s monthly rent payments. Previously, Thao had paid these bills, the indictment said.
Attorneys for both David and Andy Duong said the father and son were innocent of all charges. Andy Duong’s attorney called the allegations “baseless” and stitched together by “gossip and supposition.”
“Disappointingly, Andy instead is today the most recent in a long line of Asian Americans who unfairly are singled out and forced to pay a price for daring to be active in the political sphere,” Winston Chan, Andy Duong’s counsel, told KQED in an email.
Thao and Jones will make their next appearance in U.S. District Court on Feb. 6. Jones will return on Jan. 22 to resolve the question of whether he qualifies for appointed counsel after stating that he cannot afford a private attorney.
Thao, Jones and the Duongs face six counts, each carrying a maximum sentence of five to 20 years in prison and a $250,000 fine. Andy Duong also faces an additional charge of making a false statement to a government agency, which carries a maximum sentence of five years in prison.
Thao has repeatedly asserted her innocence and said that federal officials had told her attorney she was not the focus of their investigation.
Thao’s short tenure as Oakland mayor ended with a recall in November, decided by 65.3% of Oakland voters. Recall organizers blamed the city’s challenges — including crime, shuttering businesses and a multimillion-dollar budget deficit — on what they described as Thao’s incompetence.
In August 2023, Thao led a 50-person delegation of Port of Oakland officials and East Bay political players, including the Duongs and San Leandro Councilmember Bryan Azevedo, to Vietnam. The trip was co-sponsored by the Vietnamese American Business Association, an organization founded by David Duong and headquartered in Oakland. The FBI raided Azevedo’s home on Wednesday, but he was not named as a defendant in the indictment.
Thao said their goal was to invest in the city’s trade relationship with Vietnam and reported meeting with the mayors of major port cities, Ho Chi Minh and Haiphong, along with Prime Minister Pham Minh Chinh. In a press conference shortly after the trip, she reported that the port had signed a new memorandum of understanding with the Long An International Port.