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Months after deadline, Andrew Do hasn’t paid the $250K restitution ordered by judge, per officials

A man in a suit jacket and tie looks off to the side, as the name "Andrew Do" appears on a name tag next to the official seal of County of Orange, California. "Vice Chairman, District 1," is written underneath the name.
Orange County Supervisor Andrew Do at the county Board of Supervisors meeting on Tuesday, Dec. 19, 2023.
(
Nick Gerda / LAist
)

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As part of his sentence for a corruption scheme that diverted millions of tax dollars from feeding needy seniors, a federal judge ordered former Orange County Supervisor Andrew Do to pay the county $878,230 as restitution for his crime.

“He has the ability to pay a fine,” U.S. District Court Judge James V. Selna wrote last June, listing Do’s net worth at about $1.5 million, with a negative monthly cash flow of $8,400.

At an Aug. 11 restitution hearing, the judge ordered Do to pay the first installment of $250,000 within 30 days.

The next day, Do transferred all of his ownership of his family home — estimated by Zillow to be worth $2.2 million — over to his wife, OC Superior Court Judge Cheri Pham, according to a real estate record.

That Sept. 10 due date for the first restitution payment has long since passed, but federal and county officials say Do has yet to pay it.

“He did not make that payment,” said Ciaran McEvoy, a spokesperson for the federal prosecutors’ office that oversaw the case, when asked by LAist about it on Monday. McEvoy said the prosecutors’ office understands “there was no money left in assets” that could be seized.

Leon Page, Orange County’s top lawyer, said county officials are “not aware of any such payment from Andrew Do.”

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Do’s attorney, Paul Meyer, declined to comment, saying it would be “inappropriate” to do so.

“It’s hard to believe that so much time has gone by without the restitution being paid,” said Laurie Levenson, a Loyola Law School professor who served decades ago as a senior federal prosecutor at the office that later prosecuted Do.

“It certainly raises questions — if not eyebrows — as to what happened here. Because ordinarily the U.S. Attorney's Office would take victim restitution orders quite seriously.”

The U.S. Attorney’s Office can file a court motion if they discover a significant change in the defendant’s economic circumstances that affect their to pay restitution, according to a federal Justice Department guide. The prosecutors’ office also “is required to certify to the Court that victims who are owed restitution are notified about such material changes,” the guide states.

The court’s official online records show no filings regarding any changes in Do’s financial circumstances, or his apparent failure to pay the court-ordered restitution that was due six months ago.

The U.S. Attorney’s Office’s spokesperson has not responded to a follow up request for comment. They previously declined to answer any further questions about the situation.

Do turned himself into federal prison on Aug. 15, three days after transferring ownership of his family home to his wife. Meanwhile, he continues to collect about $7,300 per month from his county pension, according to the pension system. In addition, this January he received a $12,771 refund from the pension system of all the contributions he made as a supervisor, from when his crime began in June 2020 until he resigned in October 2024.

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What happened?

Federal authorities say their understanding is no money was available for them to seize.

“When a defendant fails to pay a restitution order, our office’s financial litigation unit gets involved and completes a thorough financial investigation to find … any assets that could satisfy the outstanding restitution balance,” McEvoy wrote in an emailed response to LAist.

“We cannot comment on what that investigation found, but our understanding is there was no money left in assets that the government could levy to satisfy that order.”

McEvoy declined to answer follow-up questions.

In response to LAist’s questions, county officials say they’re looking into their options if Do refuses to pay restitution as required.

“We do not believe that he has complied with this order, but we’re verifying that is the case at this time,” said the spokesperson, Molly Nichelson.

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Property ownership transferred just after restitution order

Do signed a deed on Aug. 12 transferring to his wife all of his ownership in the North Tustin family home they purchased in 2002, according to an official copy of the document LAist obtained from the county clerk-recorder.

Do's attorney declined to comment on the transfer.

A man wearing a black shirt with yellow writing that reads "FBI" walks on the driveway towards a single story house with a large lawn and a car parked in the driveway.
An FBI officer at Andrew Do's house in North Tustin.
(
Adolfo Guzman-Lopez
/
LAist
)

LAist obtained permit records showing substantial renovation work on the house was managed in 2021 by the leader of the same nonprofit from whom Do admitted to receiving kickbacks. The work included a bathroom addition and remodel of the master bathroom and kitchen.

Do also was investigated multiple times by the O.C. District Attorney’s Office, going back to 2015, over allegations he was living at the home illegally outside of the district he was representing as supervisor. No criminal charges were filed.

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Pham was the court’s second highest-ranking judge when her husband’s corruption scheme came to light. Their two adult daughters received bribe money for their father as part of the scheme, according to Do’s plea deal.

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The corruption scheme

After an LAist investigation prompted a criminal investigation, Do admitted to taking bribes as part of a scheme to divert nearly $8 million from feeding needy seniors during the coronavirus pandemic. He is now serving a five-year sentence in federal prison.

The county alleges its losses from the scheme were much higher — more than $13 million — and is trying to recover it through a lawsuit that is expected to take a long time to work its way through the court.

The restitution Do was ordered to pay is separate from the $3.7 million authorities obtained from properties and bank account money held by others accused of involvement in the scheme. That did not come from Do’s assets. Instead, it came from assets owned by his daughter, as well as a business and nonprofit Do had no formal role at.

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The total restitution amount

After the first $250,000 installment due in September, Do is required to pay $25 per quarter while in prison.

When Do entered prison in August, his release date was listed in November 2029 — about 85% of his five-year sentence. Seven months in, his expected time in prison has been shortened by two months, with a new release date in September 2029.

A spokesperson for the federal prison system said they cannot comment on specific people’s confinement conditions but that incarcerated people can earn additional time off of their sentence by completing specific classes and programs.

After leaving prison, the restitution order requires Do to pay $1,000 per month or 10% of his income — whichever is more.

At $1,000 per month, the last of the restitution payments would be in late 2081, when Do would be 118 years old.

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