Orange County鈥檚 lawsuit accusing Viet America Society, former Supervisor Andrew Do and others of a scheme to misuse public pandemic funds for personal gain is moving toward a possible trial.
San Diego Superior Court Judge Katherine Bacal, who is overseeing the lawsuit that was moved out of Orange County, ruled on Friday against the initial legal objections made by attorneys representing the organization and individuals the county first sued in August, the first significant movement in the case that has grown with new names added.
The county has sued Viet America Society, Aloha Financial Investment Inc. and some of their associates, alleging they used COVID-relief funds provided for a meals program during the pandemic for their personal gain. A Vietnam War memorial in Mile Square Park was also never finished.
The county entered into multiple contracts with Viet America Society to perform services. Federal prosecutors have said they then turned around and laundered the money, using it to buy real estate, make lavish purchases and send bribes using the money back to Do.
Civil defense attorneys at a hearing Friday argued how the county鈥檚 lawsuit was insufficient to move forward.
Heidi Lewis, one of Do鈥檚 attorneys, told the judge that the county鈥檚 specific allegations are against others and not Do.
鈥淭here鈥檚 nothing alleged against Andrew Do specifically,鈥 Lewis said. 鈥淭hey should have to put the facts forward, specifically with respect to ownership interest, because they can鈥檛. They can鈥檛 allege that he was a stockholder of VAS or that he was a limited liability member of any of the other entities.鈥
D. Kevin Dunn, an attorney for the county, said it鈥檚 clear Do had an interest in VAS as he admitted to receiving bribes in his plea agreement for his criminal case.
鈥淭he issue is not just ownership, it鈥檚 interest,鈥 Dunn said. 鈥淎nd here we know, both from Andrew Do鈥檚 own words in his plea agreement and from the allegation in the (county鈥檚) petition, that VAS was funding Mr. Do. And so the idea that he didn鈥檛 somehow have an interest in VAS just seems on its face to be counterbalanced by 鈥 his own plea agreement.鈥
Do was added to the county鈥檚 lawsuit in January after he agreed to plead guilty and resign from office. He was sentenced to five years in federal prison for conspiracy to commit bribery. He is set to report to prison in August.
Dunn said the county is suing people who were 鈥渙fficers and directors of a corrupt organization that was handed contracts by a public official鈥 and then turned around and bribed Do.
鈥淭hese are not people who typed up invoices,鈥 Dunn said. 鈥淭hese are people who had decision-making authority.鈥
After Bacal issued her ruling Friday, she gave each of the defendants 60 days to respond to the county鈥檚 complaint. But, she also mentioned trial would not be set that soon.
The updated lawsuit also accuses Peter Pham, who founded Viet America Society; Rhiannon Do, an officer at VAS and Do鈥檚 daughter; Dinh Mai, a corporate secretary at VAS; Thu Thao Thi Vu, who controls Aloha Financial Investment Inc.; and Le Dan Hua, who was added after the original filing, of violating contracts with the county.
The next hearing is set for October.