San Francisco Chronicle

Codefendan­t will cooperate in Nuru case

- By Matt Kawahara, Dominic Fracassa and Megan Cassidy

The codefendan­t of former San Francisco Public Works Director Mohammed Nuru agreed to plead guilty to felony charges and cooperate with federal investigat­ors as they continue probing corruption at City Hall, officials said Wednesday.

In a plea deal, restaurate­ur Nick Bovis will admit to committing honest services wire fraud and wire fraud — crimes that carry a maximum 20year prison sentence. Bovis, 56, the owner of Lefty O’Doul’s, was originally charged in January along with Nuru with attempting to bribe an unnamed San Francisco airport commission­er.

A cooperatin­g defendant who is so close to the main defendants could play a crucial role in building the FBI’s case, and could lead to more arrests, said Tony Brass, a former U.S. attorney who now works as a criminal defense attorney in San Francisco.

“In a corruption scheme like this, I don’t think anyone has a feeling that the original indictment captured everybody,” Brass said. “But what we don’t know is how much this cooperator knows.”

Brass said there is no guarantee that Bovis’ assistance will win him a more lenient sen

tence. In federal cases, prosecutor­s compare the defendant’s informatio­n against what they already know and factor the value of any new corroborat­ed informatio­n into a recommenda­tion.

A hearing has been requested for May 21 to allow Bovis to plead guilty by videoconfe­rence to both charges, authoritie­s said. Bovis signed a plea agreement that requires him to cooperate with federal investigat­ors and surrender assets acquired through illegal activity, authoritie­s said.

Besides a maximum prison sentence of 20 years, Bovis could face fines of $250,000 for each count. His attorneys, Michael Stepanian and Gil Eisenberg, could not immediatel­y be reached for comment.

Details of the new charges were filed under seal but the office of David Anderson, U.S. attorney for the Northern District of California, provided some specifics in a release.

The new filing alleges Bovis began participat­ing in an honest services wire fraud scheme “in or about 2015 and continuing through on or about January 28, 2020.” It alleges Bovis “participat­ed in … a scheme to defraud the public of its right to the honest services of public officials, through bribery and kickbacks,” authoritie­s said.

The separate charge of wire fraud alleges Bovis participat­ed in a scheme beginning in April 2018 and used wire communicat­ions to further the scheme, authoritie­s said.

Bovis and Nuru were originally arrested in late January and charged with one count of wire fraud in a federal complaint that alleged they were involved in a number of corruption schemes involving city resources.

The complaint alleged that beginning in January 2018, Nuru and Bovis attempted to bribe an airport commission­er in order to win a bid for the right to open a restaurant at San Francisco Internatio­nal Airport.

Nuru and Bovis, according to the January complaint, schemed to give the unnamed airport commission­er $5,000 in cash and a free trip in exchange for voting for the restaurant lease, authoritie­s said. But the airport commission­er declined to accept the cash and the scheme fell apart, authoritie­s said.

The January complaint also alleged that Nuru tried to acquire for Bovis a retail space lease at the Transbay transit center using his thenpositi­on with the Transbay Joint Powers Authority, and that Nuru gave Bovis an advantage toward bidding on contracts by providing him inside informatio­n on specificat­ions for public toilets and homeless shelters.

Nuru was separately accused of accepting gifts from a billionair­e Chinese developer in exchange for help with a developmen­t project in San Francisco and of lying to the FBI after being arrested Jan. 21 and told to keep quiet about the investigat­ion.

Nuru resigned as San Francisco public works director on Feb. 10, but federal authoritie­s and the city attorney and controller’s office continued investigat­ions into public corruption.

San Francisco Supervisor Matt Haney, who has been among the most outspoken critics of Nuru and the perceived corrosive culture in City Hall, said Bovis’ cooperatio­n could have an impact.

“Nick Bovis has long held close relationsh­ips with people at the highest levels of San Francisco government,” Haney said. “Those relationsh­ips were clearly exploited extensivel­y for his personal benefit, and to the detriment of the public interest.

“I’m sure he has a lot to say and I hope he shares it all. This will hopefully help lead to the truth coming out, and any corruption within city government fully exposed.”

Supervisor Hillary Ronen said: “We haven’t forgotten that this problem of deep corruption remains in the City and County of San Francisco. I believe San Franciscan­s want answers and they want resolution more than anything else. Hopefully this news gets us closer to that point.”

 ?? Lea Suzuki / The Chronicle 2018 ?? Nick Bovis was originally charged with bribery.
Lea Suzuki / The Chronicle 2018 Nick Bovis was originally charged with bribery.

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