Former Orange County Supervisor Andrew Do, who admitted to receiving hundreds of thousands of dollars in bribes while in office, was sentenced to 60 months in prison on Monday.
The sentencing marked the first criminal conviction of an OC supervisor in nearly half a century. Do was one of the leading Vietnamese American politicians in Orange County before the bribery scandal emerged, ruining his reputation and forcing his resignation when he agreed in a deal with federal prosecutors to plead guilty.
“I just do not believe any sentence other than the maximum reflects the seriousness of the crime,” Judge James Selna said in handing down the five-year sentence Monday morning. “Public corruption wreaks damage far beyond the monetary loss to the county — it undermines public trust.”
Do was charged with one count of conspiracy to commit bribery, which carries the five-year maximum sentence prosecutors sought. Defense attorneys for Do had argued for a 33-month sentence.
Do resigned in October from the OC Board of Supervisors and agreed to plead guilty for accepting more than $550,000 in bribes in a scheme involving the embezzlement of millions in COVID-relief funds. He had directed contracts to Viet America Society and Hand-to-Hand Relief Organization Inc., the former of which kicked money back to Do through payments to his daughter, Rhiannon Do, the former supervisor admitted in his plea agreement.
Much of the money came from First District discretionary funds. Of the $9.3 million allocated by Do to Viet America Society, meant to provide meals for the elderly and people with disabilities during the pandemic, only $1.4 million was spent on meals, according to his plea agreement.
Rhiannon Do received most of the bribes via a high-paying job at Viet America Society and $350,000 for a down payment on a $1 million Tustin Home. Do’s other daughter received $100,000 from Viet America Society.
Rhiannon Do was not charged; prosecutors allowed her to enter into a diversion agreement.
Before sentencing, defense attorneys argued that, since he did not receive the benefit for himself, Do had been “willfully blinded” that the payments to his daughters could be construed as a bribe. The former supervisor didn’t realize he was being bribed, they said, and once he understood the scope of what happened he decided to plead guilty. He was weeks away from finishing out his last term on the OC Board of Supervisors at the time.
“To say he was blinded … is in contrast of common sense,” Selna said. “What we have here is someone who engaged in a deliberate and intentional corruption scheme.”
Upon entering the courtroom Monday morning, Do hugged and smiled at a friend who was there. He showed no strong outward reaction to the judge’s remarks and did not speak during the hearing.
Do is expected to surrender on Aug. 15 and be sent to a federal prison in Lompoc.
Defense attorneys at the sentencing hearing made an ultimately unsuccessful final plea to the judge that a 48-month sentence would be sufficient to deter Do from committing future crimes.
“This incident and allowing his daughters to get paid was a serious mistake, but a singular mistake in a lifetime of good deeds,” said Eliot Krieger, one of Do’s defense attorneys.
OC Board of Supervisors Chairman Doug Chaffee said the sentence was appropriate considering it is the maximum allowed under the plea agreement Do signed, though the county at one point pressed federal prosecutors for more.
“While the county is a victim, I think the people themselves are the greatest victims of all,” Chaffee said. “We all took an oath to serve our community and not to enrich ourselves. This sentence does send a strong message that we aren’t going to tolerate that.”
Do lost any chance at a future career post his time on the Board of Supervisors, Chaffee added.
“We were glad the judge heard us, heard the victims and are holding him accountable for the full extent of the law,” Fifth District Supervisor Katrina Foley said. “I think that is justice served, especially since it also includes the restitution and forfeiture of the property and making both the federal government and the county whole on getting reimbursed for the losses.”
A hearing to determine the restitution Do will have to pay has been set for Aug. 11. After Monday’s sentencing, Paul Meyer, a defense attorney for Do, said in a statement that “In light of continued litigation issues, it is inappropriate to comment.”
First District Supervisor Janet Nguyen said she appreciated that Selna acknowledged Do could have been charged with more severe crimes that would have sent him to prison longer.
“He definitely saw the case for what it is,” Nguyen said. “That there is a breach in trust to the county and (Selna) also stated that he’s upset that Andrew could have gone away for 180 months and that he is bound to give him just five years. We all saw the case for what it is. We all knew he deserved more.”
“The county trusted this man,” Nguyen said. “They put him as chairman of the board during most likely the worst time of our lifetime and gave him full authority. He took advantage of that.”
When prosecutors unsealed new charges on Friday, expanding the case to include the founder of Viet America Society, Peter Pham, and an associate with Hand-to-Hand Relief Organization Inc., Thanh Huong Nguyen, they detailed allegations of how the funding Do had allocated ended up in the pockets of Pham and Nguyen, spent on real estate purchases, lavish dinners and more.
A spokesperson for the U.S. Attorney’s office said Pham had left the country in December, headed for Taipei, Taiwan. He is considered a fugitive from justice.
Thanh Huong Nguyen was arraigned Monday in court and pleaded not guilty. She was ordered to be released on a $10,000 appearance bond and must forfeit her passport. Her jury trial is set for Aug. 5 before Selna.
Foley acknowledged the damage done to the county’s reputation by the scandal, but said she hopes Do’s sentencing sends a message and restores some public trust.
“This is one step in a journey that we’re on to hold these individuals accountable,” she said, adding she hopes the case doesn’t overshadow the work of county employees who follow the rules and serve the public responsibly.
“There’s people here who are true public servants who do good work,” Foley said. “And so we hope that the community understands that there are those of us who are really trying to make sure that we truly lead Orange County with good governance.”
Second District Supervisor Vicente Sarmiento called the sentencing a painful but necessary moment for accountability in a corruption case that he said damaged public trust and harmed vulnerable residents. While Do received the maximum sentence under the agreement, he called it “light given the seriousness of the crime committed,” and said he was disappointed that Do’s family members were not charged.
Even so, Sarmiento said it is time for the county to move forward, “to turn the page.”