Federal prosecutors are asking a U.S. District judge to sentence former OC Supervisor Andrew Do to five years in prison after he pleaded guilty to siphoning millions of dollars meant to feed seniors during the COVID-19 pandemic to a nonprofit connected to his daughter.
Do admitted last year that he used the money to pay property taxes on his home and financially support his daughter, who is not facing any federal charges.
[Read: Former OC Supervisor Andrew Do Pleads Guilty to Bribery Scheme]
In a court filing Monday, prosecutors called for Do to be sentenced to 60-months in prison – the maximum sentence – followed by a three-year supervised release and to pay the county restitution “in an amount to be determined later.”
“These funds were intended to provide social services and aid public welfare in the midst of immeasurable suffering. The County’s residents trusted their elected representatives to use these funds to fight hunger, maintain safety, and aid those most in need — including the County’s elderly and disabled citizens,” reads the May 19 filing.
“During this time of hardship, the people needed leadership, compassion, and integrity. Instead, they got Andrew Do.”
His sentencing is scheduled for June 9 at 10 a.m. in the Ronald Reagan federal courthouse in Santa Ana.
It comes after a majority of OC Supervisors – Janet Nguyen, Katrina Foley and Vicente Sarmiento – voted to send a letter to the U.S. District judge, calling for Do to face at least five years in prison and repay the money the county lost as a result of his schemes.
[Read: OC Supervisors Want Andrew Do to Repay $10 Million From Bribery Scheme]
Supervisor Don Wagner said in a Tuesday phone interview that he supported the prosecutors’ sentencing recommendation.
He also wants Do to pay back the money.
“Whatever the final number is,” Wagner said about restitution. “100 cents on the dollar should come back to the county.”
Supervisor Vicente Sarmiento said in a Wednesday email statement that five years is a light sentence given the impact and seriousness of Do’s crimes and what other public officials have received on corruption charges.
“I believe it is appropriate that prosecutors in this case seek the top of the range for former supervisor Do, though we had hoped the plea agreement could be reviewed to make the sentence sought more commensurate with the crimes he committed,” reads the statement.
Supervisor Katrina Foley said in a Wednesday news release that she supports the maximum sentencing for Do.
“Mr. Do had no regard for his oath of office nor the people in Orange County during his criminal activity, nor since entering a plea agreement,” said Foley.
“I continue to support the maximum sentencing and encourage the U.S. Department of Justice to review whether criminal activity occurred after the plea deal was arranged. I commend the prosecution for their unrelenting pursuit of accountability to restore public trust in our justice system.”
Supervisor Janet Nguyen, Do’s successor on the board, said in a Wednesday email statement that she agrees with everything federal prosecutors said about Do’s “self-serving nature” in their filing but supports a longer sentence.
“I met seniors who went hungry during the pandemic — people Do promised to feed. However, Do deserves a lot longer sentence than is mentioned in the court brief. I’m still holding out hope that in some way, the judge can hand down complete justice,” reads her statement.
Supervisor’s Chairman Doug Chaffee said in an emailed statement after publication of this article that the judge should consider the harm Do caused when weighing his sentence.
“Recognizing the impact and harm to victims of Andrew Do’s fraudulent conduct should be the first consideration of the court in determining an appropriate sentence,” reads his statement.
In a letter filed Monday, Do – a former public defender and refugee from Vietnam – asked a federal judge to consider not only his crime but the full extent of actions throughout his life when weighing a sentence.
“I am guilty. I am ashamed, and I fully admit the wrongs that I have done. I only ask that
you look at the larger picture in evaluating my acts,” he wrote.
“In retrospect, I can’t believe that I did not see the evil of allowing this non-profit (whose
money came from the county) to assist my daughter in purchasing a home. I was blinded by a father’s seeing his daughter as being worth every penny of what they paid her,” he later continued.
“However, it is clear that I simply did not want to see the payments for what they were (a bribe) and now my bad judgment has derailed all that I had sought to achieve before I left public office,” Do wrote.
Prosecutors called Do’s characterizations “ridiculous” and pointed to Do violating the Fair Political Practices Commission’s “pay-to-play” statute while he served on CalOptima’s board.
[Read: Orange County Supervisor Andrew Do Faces $12,000 State Fine Over ‘Pay to Play’ Politics]
“These instances of prior corruption should have served as a warning or deterrent for defendant, but instead appear to have emboldened him. The fact that it was merely an administrative penalty does not reduce its relevance – defendant had previously been rebuked for not taking adequate precautions when it came to government ethics,” they wrote.
Do’s lawyers, Paul Meyer and Eliot Krieger, argue that a 33-month sentence – nearly 3 years – would be more appropriate.
“He has watched the complete destruction of his career, reputation, his life and that of his family. He apologized to his family, his community and former colleagues and to this Court. In short, Andrew Do’s life has been destroyed by his own acts,” they wrote in a Monday court filing.
They also said Do has been volunteering 20 hours a week since he left the board of supervisors with kids through sailing programs.
Prosecutors wrote Do’s crime shouldn’t be treated “merely as theft or fraud by a public official, but as an assault on the very legitimacy of government.”
“Public corruption is a unique form of democratic sabotage. It is a form of systemic harm that erodes the core trust upon which a self-governing society relies,” prosecutors wrote.
“To fail to impose serious consequences is to signal that self-dealing by the powerful is a tolerable feature of government.”
Do’s lawyers attached five letters to their filings in support of a lighter sentence for Do, including one from Bill Taormina, the CEO of Clean City who also serves on Voice of OC’s board of directors – but does not speak on its behalf.
“As an elected official and Chair of the Orange County Board of Supervisors, I witnessed Andrew Do make excellent decisions that benefitted every Orange County business and resident,” Taormina wrote in May 2 letter, referring to their work together on the Be Well OC mental health campus, which has since been taken over by the County of Orange and in the midst of a lawsuit between the two sides.
“He is worthy of your mercy.”
Hosam Elattar is a Voice of OC reporter and corps member with Report for America, a GroundTruth initiative. Contact him at helattar@voiceofoc.org or on Twitter @ElattarHosam.