Andrew Do, ex-OC official, ordered to pay $878K in COVID bribery scheme

SANTA ANA, Calif. - A federal judge in Santa Ana Monday ruled that former Orange County Supervisor Andrew Do owes the government $878,230.80 for his conviction in a bribery scheme.

Federal prosecutors and defense attorneys agreed in court papers filed last month that Do should have to pay between $800,000 to just over $878,000 in restitution for his bribery scheme. County officials filed a motion seeking $10.2 million, the full amount of money granted to the nonprofit accused in the scheme.

Do, who was sentenced to five years in federal prison in June and is expected to begin serving his term Friday, faced a restitution hearing Monday before U.S. District Judge James Selna, to determine how much the defendant owed the government. Do did not appear at the hearing as there was an agreement beforehand that he could skip it, but Selna delayed a ruling on the hearing so his attorneys could put it in writing.

Federal prosecutors argued that Do should repay $868,612 for the money he and his family took in the scheme, plus $9,618.80 in legal fees for the county.

Do's attorneys argued their client should repay at most $802,692, receiving credit for some of the work Do's daughter, Rhiannon, did for the Viet America Society, the recipient of the bribes.

Kevin Dunn, an attorney representing the county, argued that Do should have foreseen that the contracts for which he got kickbacks would not be executed legally. Dunn said Do, a former state prosecutor and public defender as well as an elected leader, should have understood that the federal grant money would not be spent on its intended purpose.

But Selna said it was "significant to me" that Do only pled to conspiracy, which would limit his liability in the scheme.

PREVIOUS COVERAGE: 

• Andrew Do, former OC Supervisor, sentenced in bribery case
• Andrew Do, former Orange County Supervisor, pleads guilty to bribery

"That's a strong fact," Selna said.

"The court's ruling says it all," Do's attorney, Paul Meyer, told reporters after the hearing.

Do must pay $250,000 within 30 days and then pay $1,000 monthly after his release from prison.

Prosecutors largely agreed with Do's attorneys, though they quibbled over whether his daughter should receive credit for work done for the nonprofit.

"In this case, defendant used his position as supervisor for the county of Orange to steer millions of dollars in contracts to his co- conspirators, in exchange for more than a half million dollars in bribes," prosecutors said in a brief.

"From 2021 to 2023, defendant steered and voted in favor of more than $10 million worth of county contracts and grants to his co-conspirator's organizations, including Viet America Society, a nonprofit that was supposed to provide meal services to the elderly and disabled, among other services."

County Supervisor Janet Nguyen issued a statement following the ruling.

"I'm disappointed in the judge's ruling, however there is a process to obtain $5 million in funds seized from bank accounts and the sales of homes belonging to Andrew Do's daughter and businesses associated with his scheme," Nguyen said. "We will work with the U.S. Attorney to obtain these funds to return back to the residents he stole from."

Rhiannon Do will be placed in a diversion program as part of her father's plea deal. She was paid $8,000 monthly between September 2021 and February 2024, for a total of $224,000, prosecutors said.

In July 2023, $381,500 from the society was put in escrow so Rhiannon Do could buy a $1.035 million house in Tustin, prosecutors said. His other daughter, Ilene, received $100,000 in October 2022, prosecutors said.

Viet America Society "did not provide the meals to elderly and disabled residents as it had promised," prosecutors said. The nonprofit also used the bribes to "buy a commercial property, pay co-conspirators, and transfer money to other companies affiliated with VAS and the co- conspirators," prosecutors said.

"Of the approximately $9.3 million that the county paid to (Viet America Society), (the nonprofit) only spent about 15% ($1.4 million) on providing meals," prosecutors said.

Prosecutors objected to giving credit to Rhiannon Do for her work for the nonprofit. Do "previously argued this amount was not fully a bribe but partially included actual work Rhiannon performed. This argument defied reality," they wrote.

Prosecutors said some of the money was used to help Rhiannon Do buy the house. Prosecutors noted she was a "full-time student, had virtually no prior experience in mental health, and was making a nearly six-figure annual salary to run a company funded entirely by her father's corruption.

"Defendant lauds his daughter's hard work, but his prior submissions to the court justifying her executive-sized salary include one-page fliers and a 91-word outline document, which he characterizes as her `delivering an app."'

Also, prosecutors noted, she shouldn't benefit because her job was "merely a front used to funnel bribe payments to defendant."

Do's attorneys argued there is no evidence that he was aware of the overall scheme.

"There is no denying that Mr. Do's conduct in accepting bribes was shameful and a betrayal of his constituents," his attorneys wrote in court papers. "As reprehensible as his conduct was, there is no evidence he knew about the broader scheme.

"Accordingly, Mr. Do now stands convicted of conspiracy to commit bribery, not to the broader conspiracy to commit fraud and essentially steal approximately $10 million by failing to provide contracted-for-services and has admitted receiving between $550,000 and $730,500 (subject to an increase if additional receipts are found) in bribes..."

The defense attorneys noted that in the indictment of co-conspirators Peter Anh Pham and Thanh Huong Nguyen, there were no allegations or evidence that Do "knew Mr. Pham and others failed to perform the contracted-for services and were stealing millions. The only overt acts in the indictment for which Andrew Do is responsible are related to the house payment and steering the contracts to Peter Pham."

The defense attorneys also noted that the house in Tustin has been forfeited to the government and that the sale of it "should off-set any amount of restitution ordered."

Do's attorneys said his daughter "did significant work for Warner Wellness Center, and it would, in fact violate California law for her to work for approximately 17 months with no compensation. Assuming she has earned at least the fast-food minimum wage of $20 (per hour)... she earned no less than $65,920, bringing the final restitution number to $802,692.00."

The attorneys said Rhiannon Do drafted human resources and company manuals, interviewed and hired staff, including vetting a doctor, multiple clinicians and contracts as well as researching regulations for hiring clinicians from Vietnam.

They also say she worked with food scientists to prepare appropriate menus for seniors and conducted lab testing on nutritional values.

Andrew Do has "a limited ability to pay restitution," his attorneys said.

The county's attorneys argued that the restitution amount agreed to in the plea agreement does not apply to the county because "the District Attorney acts as a state official, not a county official, when prosecuting criminal violations."

The prosecution of Do was done by federal and Orange County prosecutors.

County officials argue that Do admitted steering more than $10 million in federal and county COVID-19 relief funds to Viet America Society and that it was done in exchange for kickbacks, "which he understood were funded by the county monies that were supposed to be used to pay for the services that were to be provided."

Do's attorneys countered that the county argument "turns on the untenable claim that Mr. Do should have foreseen that Peter Pham and others would defraud the county by providing only $1.4 million in the contracted-for services."

Orange CountyCrime and Public Safety