Where is Andrew Do? Convicted ex-Supervisor is a no show at OC taxpayer restitution hearing for corruption scheme

Today, U.S. Judge James V. Selna is scheduled to decide how much Orange County is able to recoup from embattled former Supervisor Andrew Do.

But the hearing was barely under way Monday before it was halted — Do was not in attendance.

The judge wanted to know why Do's legal team hadn't filed a waiver for his failure to appear, as would be routine in such cases. The judge then called a recess until the waiver could be produced.

Prosecutors are asking him to pay back nearly $900,000 while Orange County is seeking more than $10 million.

Do pleaded guilty to a federal bribery charge last year for using his role as supervisor to steer millions of taxpayer dollars — including federal COVID funds — to a nonprofit in exchange for bribes. He is set to begin a five-year prison sentence by Friday.

Do, 62, was accused of directing millions in funding to the Viet America Society, which was supposed to use the money for such things as feeding needy seniors during the pandemic. But federal prosecutors say only 15% of the money went to those in need, leading authorities to label Do as a “Robin Hood in reverse.”

Authorities say Do received more than $800,000 in bribes from the nonprofit through an elaborate scheme which saw the kickbacks channeled through his daughters, to cover the trail. As a result, federal prosecutors are asking that restitution be set at $878,230.80 and says that there is not enough evidence to prove fraud beyond the bribes.

By contrast, the county is seeking to recoup the millions more that Do directed to the nonprofit.

Any restitution amount order today would be in addition to the $2.4 million in money seized and two properties forfeited in June, including a home that Do’s youngest daughter, Rhiannon Do, bought in Tustin. The government just put that home on the market with an asking price of around $1.3 million.

So how is restitution set? How likely is it that Do will pay it back?

We had the same questions, so we got digging.

We turned to Ruben Allen Davila, a lawyer and professor at USC’s Marshall School of Business who has also served as an expert witness in complex litigation including fraud and embezzlement cases.

How is the judge likely to proceed?

The judge will set restitution based on the evidence presented by both the prosecutors and victim, in this case the county, Davila said.

“ It's a matter of what the evidence shows” that Do took, he said, adding that he believes the county’s ask is “harder to prove.”

How likely is it that the county gets the money back?

 ”It really depends on the resources of the individual involved,” Davila said.  ”The idea is what wherewithal does he have, and part of the problem that most people have is the money that's spent, it's difficult to recover.”

Who gets paid first?

Regardless of what restitution is set at, Andrew Do has to first pay his attorneys.

 ”Attorneys don't work for free,” Davila said. “He's not liable until the judge decides, but his attorneys are working and they need to get paid. That takes priority otherwise attorneys would be hard pressed to go to work if they weren't pretty much assured that they would get paid.”

What if Do can’t pay?

After the judgement, prosecutors will likely negotiate with Andrew Do on  what can be paid and when, Davila said. Restitution can be paid back over time. But the question is how can Do generate income when he is in prison? And what assets could he sell?

Do was a lawyer, but when the corruption scandal came to light, the State Bar of California suspended his license. It’s unclear if he even has a job at this point. He spent some of his time leading up to the sentencing volunteering — teaching sailing to disadvantaged kids.

What about his house?

The disgraced supervisor sold his Westminster home last year before the plea agreement was announced. If he spent the money from the sale, federal officials are unlikely to recover that money, Davila said.

Andrew Do has a second home with his wife, Orange County Superior Court Judge Cheri Pham. But, Davila said, California is a community property state meaning spouses jointly own property and other assets. It would be up to the judge to decide whether to force Pham to buy out Andrew Do’s share of the property, or force a sale.

How much is Orange County likely to recover in taxpayer dollars?

Davila said it is unlikely the county will be able to recover all the money.

“You run against the practicality of, ‘Can I actually collect that amount of money?’" he said. "'What resources does somebody have that they can pay?”