Federal judge denies motion to dismiss evidence in corruption case against Sheng Thao and co-defendants

OAKLAND, Calif. - A federal judge on Monday refused to dismiss evidence against former Oakland Mayor Sheng Thao and the men with whom she is accused of conspiring.

The decision, handed down by Judge Yvonne Gonzalez Rogers and first reported by the East Bay Times, stated that Thao and her three co-defendants failed to prove law enforcement acted inappropriately and failed to disclose information about a key witness’s history while building their case.

"Defendants present no credible evidence that the government intended to deceive or acted with reckless disregard," Rogers’ decision states. "The motion is deniable on this basis alone..

News outlets including KTVU had previously identified the witness as Mario Juarez, a longtime Oakland businessman and former city council candidate. Monday’s ruling marks the first time Juarez’s name has appeared in court filings.

Court records state Juarez began working with the FBI in 2024, weeks before agents conducted a highly publicized raid on Thao’s home, and the homes of the other defendants.

The charges

The backstory:

Thao and her co-defendants — romantic partner Andre Jones and father-and-son recycling executives David and Andy Duong — were indicted in January, 2025. The foursome is charged with eight counts including conspiracy, bribery, mail fraud, wire fraud, and making false statements.

The indictment alleges a scheme in which the Duongs, who own California Waste Solutions (Oakland’s current curbside recycling contractor), paid Jones through a no-show job and financed Thao’s campaign by paying for political mailers that attacked her opponents in the 2022 mayoral race. Thao, in exchange, is alleged to have promised to extend the Duongs’ recycling contract and commit the city to buying shipping containers from a company the father and son owned. The containers were reportedly to be converted into housing for the homeless.

Judge Rogers’ ruling was in response to a motion filed by the defendants, which accused the FBI of omitting key details of Juarez’s past business dealings in the affidavits that were used to secure search warrants for their homes.

Witness reliability

What they're saying:

The quartet alleged that Juarez has a long history of defrauding business partners and alleging misconduct by others in response to accusations and lawsuits against him, including in this case.

"The affidavit noted that Juarez’s statements were included merely for ‘context and completeness,’ and explicitly informed the magistrate judge that these statements were not necessary for finding of probable cause," the judge’s decision states. "The affidavit also included a lengthy footnote disclosing information relevant to Juarez’s credibility."

The four defendants have pleaded not guilty to the charges against them, and are scheduled to stand trial on Oct. 19th.