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Oakland corruption case examines evidence seized in 2024 FBI raids

FBI Special Agent Katherine Barclay is expected to testify about evidence collected from the homes of former Mayor Sheng Thao and others accused in an alleged bribery scheme. Messages prosecutors say were recovered from a phone describe efforts to secure favorable city appointments and contracts.

Oakland corruption case examines evidence seized in 2024 FBI raids

An FBI agent is expected to return to the witness stand Thursday in the federal corruption trial of former Oakland Mayor Sheng Thao, as prosecutors present evidence seized during 2024 searches of defendants’ homes and a recycling company’s offices.

Special Agent Katherine Barclay testified Monday that agents collected phones, tablets, computers and other physical evidence while executing warrants in June 2024. Searches took place at the home Thao shared with her longtime partner, Andre Jones; the homes of recycling executives David Duong and Andy Duong; and the Oakland headquarters of California Waste Solutions, the Duongs’ company.

Thao, Jones and the Duongs face bribery, conspiracy and fraud charges. All four have pleaded not guilty.

Barclay said the FBI investigation began in February 2023 after Oakland’s Public Ethics Commission reported that political operative Mario Juarez had produced campaign mailers targeting Thao’s mayoral opponents and was expecting something in return from the candidate the mailers supported. Juarez has pleaded guilty to taking part in the alleged bribery scheme and is expected to testify for the government.

The tip led investigators to obtain a warrant for Juarez’s Apple iCloud account, where prosecutors say they found a document outlining an alleged deal. Prosecutors allege Thao agreed to help extend California Waste Solutions’ city recycling contract, appoint people favored by the Duongs to senior city positions and secure city business for Evolutionary Homes, a housing startup co-founded by Andy Duong and Juarez. In return, prosecutors allege, the Duongs agreed to finance attack mailers against Thao’s 2022 election opponents and pay Jones $300,000 for a no-show job.

Defense attorneys have challenged the claim that the mailers benefited Thao. On Monday, Thao’s former campaign staffer Noah Finneburgh testified that he was unhappy when the ads appeared and that “people recognized it was an issue.” Thao’s attorney, Jeff Tsai, argued that an ad targeting candidate Loren Taylor used a digitally darkened image that could have invoked racist stereotypes and alienated voters.

Prosecutors also introduced material extracted from devices seized in the raids. WhatsApp messages between Andy Duong and Juarez appear to discuss a February 2023 meeting between David Duong and Larry Gallegos, then a project manager in Oakland’s economic and workforce development department. Prosecutors allege Gallegos was among the people Thao agreed to elevate to a leadership role at the Duongs’ and Juarez’s request.

In the messages, Juarez told Andy Duong that Gallegos should assure David Duong he would support California Waste Solutions if appointed to lead Oakland’s Department of Housing and Community Development. Juarez later wrote, “We invested money. Time. Talent.” Andy Duong replied that they had helped Thao win and that “Ain’t nothing free.”

After Barclay’s testimony, former Assistant City Administrator LaTonda Simmons and former City Administrator Jestin Johnson are expected to testify. Thao appointed Johnson in May 2023; he remained in the job through her mayoralty and resigned in May amid a separate text-message controversy.

Oakland’s city administrator oversees departments and handles most day-to-day government operations, but the mayor hires and can fire the administrator and often weighs in on department leadership and major contracts. In his opening statement, prosecutor Matt Fine said Johnson would testify that Thao directed him to meet David Duong several times and visit Evolutionary Homes’ showroom—the only homeless-housing vendor she allegedly asked him to visit.

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