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Northern District of California
United States of America

MAG

)

)
MOHAMMED COLIN NURU and
NICK JAMES BOVIS

)
)

I 80 ?0028

Case No.

)
)
)
Defendant(s)

CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s)

Northem

March 22,2018

of

District of

California

in the counties

San Francisco & San Mateo in ttre

, the defendant(s) violated:

affense Description

Code Section

't8 u.s.c. ss 'r343, 1346

of

Honest Services Wire Fraud
Honest Services Wire Fraud

This criminal complaint is based on these facts:
Please see the attached affidavit of FBI Special Agent James A Folger

d

Continued onthe attached sheet.

4d-**a'Ffu
Approved

as

to form

AUSA Scott
Swom to before me and signed in my presence.

Date

James A. Folger, Special Agent, FBI

I I. ,

Printed name and title

,.,,11,

,
,,

l-t j,'b
Judge's signature

City and state:

San Francisco, CA

Hon. Sallie Kim, U.S. Magistrate Judge
Printed name and title

 1

2
J

4
5

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7
8

9
10

UNITED STATES DISTzuCT COI.IRT

11

NORTFTERN DISTRICT OF CALIFORNIA

t2

SAN FRANCISCO DTVISION

13

LINITED STATES OF AMEzuCA,

l4

Plaintifl

15
v.16

17

MOHAMMED COLIN NURU and
NICK JAMES BOVIS

18

Defendants.

r9
20

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25

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AFFIDAVIT
FILED UNDER SEAL

) AFFIDAVIT OF FBI SPECIAL AGENT JAMES A.
) FOLGER IN SUPPORT OF CRIMINAL

) COMPLAINT
)
) I.INDER SEAL
)
)
)
)
)
)
)

 TABLE OF CONTENTS

1

2

I.

INTRODUCTION AND AGENT QUALIF]CATIONS

..1

J

[.

COUNT 1: HONEST SERVICES WIRE FRAUD / AIDING & ABETTING..

..3

4

m.

FACTS ESTABLISHING PROBABLE CAUSE

..5

5

A.

Srunmary of the Airport Scheme

..5

6

B.

Summary of Additional Evidence of Comrpt lntent and Modus Operandi........

..8

7

1

Multimillion-Dollar Mixed-Use Development S cheme

..9

8

2.

Transbay Transit Centei Scheme

..9

9

3.
4.

Bathroom Trailer Scheme and Homeless Container Shelter Scheme

10

10
11

12

C.

.....10

Vacation Home Scheme.

Details of Airport Scheme and Additional Evidence of Comrpt lntent

1.

11

Airport Scheme

.....1

1

13

(i)

SFO Contracting Process....

.....1

1

t4

(ii)

BOVIS Prepares Another Bid With CHS-87857

San Francisco

and CHS-87856 For a Restaurant at SFO

15

(a)

r6

t7

(b)

l8
19

(c)

20

2t

(d)

22

(e)

ZJ

24

(D

25

(g)

26

27

(h)

28
AT'FIDAVIT
FILED I.INDER SEAL

.12

The January 24,2018 Meetings at SFO and
Broadway Grill..........

l2

BOVIS Ananges for BOVIS, NLIRU,
AIRPORT COMM]SSIONER 1, CHS-87856
and CHS-87857 to Meet.

15

The March 19,2018 Meeting at the Broadway
Grill with BovIS, cHS-87857, CHS-97856,
UCE-7982, and NURU

18

NURU Tells BOVIS to Provide a $5,000 Bribe
for AIRPORT COMMIS SIONER 1 ................ ..................23
BOVIS, NURU, and INDTVIDUAL 1 Meet at
the Broadway Grill.....

.24

BOVIS Arranges a Meeting with AIRPORT
COMMISSIONER 1 ...........

.25

The April4 Meeting at the Broadway Grill
lnvolving BOVIS, UCE-7982, CHS-87856,
CHS-87857, NURU, and AIRPORT
COMMISSTONER 1. ...............

BOVIS Meets with UCE-7982 onApril 5, 2018
i

....26
32

 i

(iii)

BOVIS Distances Himself From UCE-7982

2

(iv)

Renewed Contact: NTIRU Meets with the
Confidential Sources in his Office

J

4

..........42

.....47

2.

Multimillion-Dollar Mixed-Use Development Scheme.......

.....50

3.

TransbayTransitCenter..........

.....56

4.

Batlroom Trailer Scheme and Homeless Container Shelter Scheme

.60

5.

Vacation Home Scheme.....

.70

5

6
7

TV

CONCLUSION

.75

V.

REQIJEST FOR SEALING

.75

8

9
10
11

12

t3
14
15

16

t7
18

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20

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Z)
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25

26
27
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AFFIDAVIT
FILED UNDER SEAL

ll

 AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

1

I, James A. Folger, Special Agent with the Federal Bureau of Investigation, being duly sworn,

2
3

hereby depose and state the following:

4

I.

INTRODUCTION AIID AGENT QUALIFICATIONS

1.

5

I submit this affrdavit in support of a criminal complaint against Mohammed Colin

6

NURU and Nick James BOVIS. As set forth below, there is probable cause to believe NTIRU and

7

BOVIS committed honest services wire fraud in violation of Title 18, United States Code, Sections 1343

8

and 1346, by participating in a scheme to bribe a San Francisco Airport Commissioner (AIRPORT

9

COMMISSIONER 1) to vote to select a restaurant affrliated with BOVIS for an airport lease, and to

10

have the same airport commissioner persuade two other commissioners, whom BOVIS said vote in a

11

block with AIRPORT COMMISSIONER 1, to vote for it as well. Additionally, the intent of NURU and

l2

BOVIS is informed by several other ongoing schemes to deprive citizens of honest services by the two

t3

targets.

2.

l4

I am a Special Agent of the FBI

and have been so employed since entering the

FBI

15

Academy in August 2012. I am swom and empowered to investigate criminal activity involving

t6

violations of federal law. I am currently assigned to FBI's San Francisco Division Public Comrption

17

Squad, which investigates abuse of public office in violation of criminal law, which includes fraud,

18

bribery, extortion, conJlicts of interest, and embezzlement. My investigative experience includes, but is

t9

not limited to: conducting wire communication interceptions; interviewing subjects, targets and

20

witresses; executing search and arrest wa:rants; handling and supervising confidential human sources;

21

conducting surveillance; and analyzngphone records and financial records. Additionally, I received

22

juris doctor

23

2012.

24

3.

and Master of Business Administration degrees from the University of San Francisco

in

During my employment with the FBI, I have received forrnal classroom and field training

25

at the FBI Academy in Quantico, Virginia and graduated from the New Agent Training Program.

26

training and experience includes, but is not limited to, public comrption, fraud against the government,

27

drug trafEcking, gangs, orgeniTsd crime, and RICO investigations. I have also received additional

My

281 formal and on-the-job training from the FBI, as well as from the United States Attomey's Office and
AFFIDAVIT
FILED LTNDER SEAL

I

 1

other federal agents who have done extensive work in the areas of financial crimes and public

2

comrption. I have participated in several investigations involving public comrption, bribery, and fraud,

a

J

and

4

investigating public comrption and gangs. I have received formal training in wiretaps at the FBI

5

academy in Quantico, Virginia as well as on the

6

investigations. I have also received training on phone records and cell tower analysis from members of

7

the Cellular Analysis Survey Team (CAST) and have used this knowledge in numerous investigations.

I have been the lead agent on several of those

4.

8

9

cases.

I have worked on multiple wiretaps while

job training while working on wiretaps in active

To successfirlly conduct these investigations, I have utilized a variety of investigative

techniques and resources including, but not limited to, physical and electronic surveillance, wifiress

l0 interviews, various types of infiltration to include confidential human sources,

and cooperating sources.

11

I have utilized pen register and trap and trace devices, mail covers, pole cameras, stationary video

t2

recording vehicles, undercover operations, and audio and audio/video recording devices.

5.

13

I make this Affrdavit based upon personal knowledge derived from my participation in

t4

this investigation and upon information I believe to be reliable from the following sources, among

l5

others:

a. my experience

t6

investigating honest services wire fraud and other illegai activity

relating to public comrption;

t7

b.

18

t9

oral and written reports about this investigation that I have received from
members of the FBI;

c. physical

20

2t

surveillance conducted by the FBI, the results of which have been

reported to me either directly or indirectly;

22

d.

information obtained from undercover agents;

23

e.

recorded conversations; and

24

f.

confidential human sources.

25

6.

Because this affidavit is being submitted for the purpose of establishing probable cause

in

26

support of the requested Complaint, it does not set forth each and every fact that I, or others, have

2l

learned during the course of the investigation. Rather, I have set forth only those facts that I believe are

28

necessary to establish probable cause and to provide the Court with an overview of the facts that

AFFIDAVIT
FILED UNDER SEAL

2

 1

establish BOVIS' and NIIRU's pattern of comrpt conduct and intent to defraud. Unless otherwise

2

indicated, where actions, conversations, and statements of others are described below, they are related in

a

J

substance and in part. In addition, unless otherwise noted, wherever in this Affrdavit I assert that a

4

statement was made, the information was provided by another FBI agent, law enforcement officer,

5

recording, or witness who may have had either direct or hearsay knowledge of that statement and to

6

whom I or others have spoken, or whose reports I have reviewed.

7.

7

The conversations I summarize below were largely derived from various meetings and

8

intercepted communications. Collectively, these meetings, calls, and communications were documented

9

in FBI reports and summaries. These reports and summaries describe recorded conversations involving

10

subjects of the investigation, during which the subjects at times use code words and/or cryptic language

1l

to disguise conversations about their criminal schemes and related activities. The reports are

t2

summarized based on agents' interpretations of the conversations. Some of these reports and summaries

13

contain interpretations of coded words, cryptic language, and vague identifiers. It may be that

l4

subsequent review of the recorded conversations and verbatim transcripts may show changes from the

15

summaries

initially prepared. Quotations from the recordings

are based on informal hanscriptions

t6 portions of certain key recordings, which may not be exactly the same
T7

later prepared.

18

II.

of

as formal transcriptions that are

COUNT 1: HONEST SERVICES WIRE FRAUD / AIDING & ABETTING (18 U.S.C. $$
1343,1346,2)

19

20

8.

Beginning in or about January 2018, and continuing through on or about April 4, 2018, in

2t

the Northem District of California and elsewhere, the defendants NTIRU and BOVIS, aided and abetted

22

by each other, knowingly and \Mith the intent to defraud, participated in, devised, and intended to devise

23

a scheme and artifice to defraud the public of its right to the honest services of public officials through

24

bribery and kickbacks in breach of the officials' fiduciary duty, by means of materially false and

25

fraudulent pretenses, representations, and promises, and by means of omission and concealment

26

material facts. On or about March 22,2018, in the Northern District of Califomia and elsewhere, for the

27

purpose of executing the aforementioned scheme and artifice to defraud and attempting to do so, the

28

defendants did knowingly transmit and cause to be transmitted in interstate and foreign commerce, by
AFFIDAVIT
FILED LINDER SEAL

3

of

 1

means of a wire communication, certain writings, signs, signals, pictures, and sounds, specifically, a

2

telephone conversation that was transmitted in interstate corrmerce between a confidential source and

J

BOVIS, in violation of Title 18, United States Code, Sections 1343 and1346.

9.

4

Title

6

a.

The defendant knowingly devised or participated in a scheme to defraud the public of its
right to the honest services of a public official through bribery or kickbacks in breach of
the offrcial's fiduciary duty;

b.

The defendant did so knowingly and with an intent to defraud, that is, the intent to
deceive or cheat the public ofhonest services;

7
8

9

11

t2

c. The scheme or artifice to defraud involved a deception, misrepresentation, false

I
I

statement, false pretense, or concealment that was material; and

I

I
I
I
I

13

l346,probibit honest services wire

fraud. The elements of the offlense are as follows:

5

10

18, United States Code, Sections 1343 and

d.

10.

The defendant used, or caused to be used, an interstate or foreign wire communication to
carry out or attempt to carry out an essential part of the scheme.

Title

18, United States Code, Section 2, provides that "[w]hoever commits an offense

I

14

against the United States or aids, abets, counsels, commands, induces or procures its commission, is

15

punishable as a principal."

16

I

l.

Honest services wire fraud does not require the bribe or kickback be completed, or that

t7

offrcial action was actually taken, because the criminal act is the creation of a "scheme" to defraud.

18

Pasquantino v. United States,544 U.S. 349,371(2005) ('the wire fraud statute punishes the scheme,

t9

not its success") (citations, quotations omitted); Schreiber Distrib. Co. v. Serv-Well Furntture Co.,806

20

F.2d 1393,1400 (9th Cir. 1986) (for mail and wire fraud, it is not necessary to show that the scheme was

21

successful or that the intended victim suffered a loss or that the defendants secured a gain); see also

22

United States v. Kimbrew,944 F.3d 810, 815 (9th Cir.2019) (iability for bribery of apublic official, in

23

violation of

24

moment of agreement, and that agreement need not even be accompanied by the bribe recipient's

25

genuine intentions to follow through."). In addition, "anyone who knowingly and intentionally

26

participates in the execution of [a] fraudulent scheme comes within the prohibition of the mail and wire

27

fraud statutes regardless of whether the defendant devised the scheme ." (Jnited States v. Holden,908

28

F.3d 395, 400 (9th Cn. 2018) (citation omitted), cert. denied, 139 S. Ct. 1645,203 L. Ed. 2d

18

See

U.S.C. $ 201(bX2)(A), "does not depend on an outcome; the offense is complete at the

AFFIDAVIT
FILED UNDER SEAL

4

glg eOIg).

 I

ilI.

FACTS ESTABLISHING PROBABLE CAUSE

A.
12.

2
a

5

Summary of the Airport Scheme
Mohammed NURU is the Director of Public Works (DPSD for the City and County of

Authority Board. Based on publicly available

4

San Francisco, and Chair of the Transbay Joint Powers

5

data, the total DPW budget exceeded $500

6

NURU has great influence over contracts and construction projects granted by DPW. The investigation

7

to date has revealed NTIRU also uses his position as the director of DPW to attempt to influence other

8

city agencies and offrcials. Agents have intercepted multiple communications relating to what appear to

9

be a number of gifts and benefits given to NURU in exchange for his influence as Director of DPW,

million in both fiscal years 2018 and 2019.r As Director,

10

including receiving cost-free or subsidized accommodations and ffavel to South America and China, and

11

receiving packages of unspecified goods from various individuals engaged in business with DPW. I

t2

believe this evidence shows that NLIRU has leveraged his position to assist individuals who may benefit

13

him financially, including individuals who provide him with free meals, gifts, and travel, and in return

l4

ask

15

and/or other City business

t6

NURU to use his official position and influence to assist them with DPW approvals, contacts,

13.

As described below, there is probable cause to believe NURU, along with San Francisco

t7

restauranteur Nick BOVIS, participated in a scheme to win a bid for a restaurant lease at San Francisco

18

International Airport (SFO) by bribing and/or paying

I9

of the San Francisco Airport Commission.

20

14.

a

kickback to

a

public official, namely a member

The San Francisco Airport Commission is a public agency consisting of members

2t

appointed by the Mayor of San Francisco. Among other duties, the Airport Comrnission is in charge

22

contracting with restaurants and other businesses to lease space in the airport. By law, the process is

23

required to be a competitive bidding process, in which the highest or best responsible bidder is awarded

24

the contract. S.F. Admin. Code for the Airport Commission, $ 24.173.

25

15.

of

I believe the facts described below show a scheme by BOVIS and NI-IRU to provide a

26
27
28

I

See
Ethics/B
In FY 2018, the
DPW budget
approximately 536
This was an increase
over 100 million from FY
2017, ryhen the budget totaled approximately $422 million. In FY 2019 the total budget for DPW was
approximately $525 million.

AFFIDAVIT
FILED I.INDER SEAL

5

 1

lUriUe to AIRPORT COMMISSIONER

1. The purpose of the scheme was to have N(IRU persuade

2

AIRPORT COMMISSIONER 1, who is one of the five members of the Airport Corrmission and whom

J

NURU helped obtain

4

for an airport lease, and to have AIRPORT COMMISSIONER 1 persuade two other commissioners,

5

whom BOVIS said vote in a block with AIRPORT COMMISSIONER 1, to vote for it as well. As

6

BOVIS explained to a confidential source during a recorded call, in order to win the bid, NLIRU had

7

instructed BOVIS to provide $5,000 to NIIRU for AIRPORT COMMISSIONER 1 as well as a free trip

8

for AIRPORT COMMISSIONER I to the city where the confidential source's company (referred to

9

below as "Company X") is based.2 More specifically, during the recorded call on March 21,2018,

a

position on the Commission, to vote to select a restaurant affrliated with BOVIS

10

BOVIS said: "So he INURU] told me, he goes, 'just give me, between me and you, I didn't want to say

11

it front of the other people,' he said, 'if you give me like $5,000 bucks cash for her and

t2

[the city where Company X is based] to meet you guys and

13

BOVIS then told the confidential source, "So, I'11 take care of that and get her out there to you." I

t4

believe this conversation shows NI-IRU directing BOVIS, in private, to provide a $5,000 bribe and

15

iurange for a free trip for AIRPORT COMMISSIONER 1 in exchange for help winning the airport

t6

lease. BOVIS agreed to the scheme when he said

t7

implement the scheme by arranging a private dinner with AIRPORT COMMISSIONER 1 and bringing

18

an envelope

fulI of

16.

t9

On

I'll

get it taken care

"OK." BOVIS

and

send her

offto

of.' And I said 'OK."'

NURU then took concrete steps to

cash to the meeting.

April 4,2018, BOVIS met with

an undercover employee [UCE] and two confidential

20

sources at his Burlingame restaurant just prior to their dinner meeting with

2t

COMMISSIONER 1. After being asked about the $5,000, BOVIS responded, "Mohammed is real

22

private about that stuff so don't let him know I said anything... He said just give her an envelope.. . and

23

that will be between me and ...you know, better no one knows.

24

out with Mohammed on my side, I'm going to do some things for him." BOVIS then showed the UCE

25

that BOVIS had a significant amount of cash in an envelope.

17.

26

I'll

NIIRU and AIRPORT

take care of that and then

I'll work

As described below, NI-IRU's personal ef[orts to implement the scheme and his

27
28

2

sources.

The company is referred to as Company X in this affidavit to protect the identity of confidential

AFFIDAVIT
FILED I-NDER SEAL

6

 I

incriminating conversations with BOVIS (as relayed by BOVIS to confidential sources and the UCE)

2

are corroborated by phone records that

J

COMMISSIONER

4

attendance at a March 19,20tB dinner with BOVIS, the UCE, and the confidential sources, as well as

5

his attendance at the April 4, 2018 dinner. During the March 19,2018 dinner they discussed a plan to

6

make donations to non-profit orgaruzations of AIRPORT COMMISSIONER 1's choosing in exchange

7

for her assistance. Specifically, the UCE asked BOVIS about a cornrnent he made about "grving back to

8

the community" or whether that was a conversation best handled with AIRPORT COMMISSIONER

9

BOVIS responded that he had

1 at the relevant

a

showN[IRU's repeated contact with BOVIS and AIRPORT

times. His knowing involvement is also corroborated by his

l.

nonprofit but he would talk to AIRPORT COMMISSIONER 1. NURU

"We'll let you know which groups she wants," indicating that he understood any such donations

l0

added,

11

would be in exchange for AIRPORT COMMISSIONER 1's assistance. Before AIRPORT

t2

COMMISSIONER

13

confidential sources discussed providing AIRPORT COMMISSIONER lwith

1

anived at the April 4 dinner, NURU was present when BOVIS, the UCE, and the
a

trip in order to secure

l4 her support. NIIRU's knowing participation is firrther evidenced by his statement to AIRPORT
1 later during the same meeting,

"we're gonna make this happen for them." When

15

COMMISSIONER

t6

one of the confidential sources discreetly spoke with NLIRU during the dinner about what they should

17

do with the $5,000 they had also brought for AIRPORT COMMISSIONER 1, NIIRU

18

the source what he/she was talking about and without any indication that NURU or BOVIS later

t9

reported the conduct to law enforcement or other authorities

20

give the money to BOVIS to put in a safe.

2t

18.

As

a

-

- rather

than ask

instead told the confidential source to

public official, AIRPORT COMMISSIONER 1 owes the public a fiduciary duty to

22

provide honest services and to select the best or highest bidder after all bids are submitted in a

Z3

competitive bidding process. As described in more detail below, there is probable cause to believe

24

BOVIS and NURU planned to bribe AIRPORT COMMISSIONER

25

award the lease to BOVIS and the confidential sources, thereby depriving the public of AIRPORT

26

COMMISSIONER l's honest services. BOVIS and NURU used wire communications

27

calls, text messages, and emails

28

19.

-

1

in exchange for an offrcial act to

-

that is, phone

to arrange meetings and to discuss the scheme.

On April 5,2018 (the day after BOVIS showed up to the meeting with NIIRU and

AFFIDAVIT
FILED TINDER SEAL

7

 1

AIRPORT COMMISSIONER 1 with an envelope full of cash), BOVIS told the UCE that, a"fter the

2

confidential sources and the UCE left the dinner, he had a discussion with NI-IRU and AIRPORT

J

a

COMMISSIONER

4

him to dinner. BOVIS stated that AIRPORT COMMISSIONER 1 did not want the money. BOVIS also

5

told the UCE (and later one of the confidential sources) that he no longer wanted to move forward with

6

the $5,000 payment and that he should not have suggested

7

however, the possibility that the scheme could instead proceed through a kickback payment.

8

Specifically, instead of an upfront $5,000 bribe, BOVIS could'take care of'things through BOVIS'

9

licensing fee, which would allow BOVIS to receive a percentage of the money from the restaurant at the

1 and offered

AIRPORT COMMISSIONER

it.

1 the cash

payment he had brought with

He continued to discus with the UCE,

10

airport, after they were awarded the contract. BOVIS told the UCE that he had already told one of the

1l

confidential sources that he would make his licensin gfee 4oh instead of 3Yo,explaining "it's not much

12

but it's enough to take care of all that... so... and I would have to take, do that myself." The UCE

13

asked, "Is that already arranged between you and, is that through, Mohammed?" BOVIS confrmed,

t4

"Yeah, yeah... that way everybody is separated, you know." Such

15

kickback, again depriving the public of AIRPORT COMMISSIONER 1's honest services.

a

payment would constitute a

16

20.

I7 BOVIS

and others became suspicious the UCE was working on behalf of law enforcement. As BOVIS

18

The scheme agreed upon by NLIRU and BOVIS, however, never came to fruition after

explained it to the UCE during a recorded conversation on April 5, 2018, "Well, io my brain, what if this

t9 is some

sort of FBI sting or something?" Despite apparent concems about the UCE, and the discussion

20

of a bribe on April 4,2078, NURU remained willing to meet with the same confidential sources and did

2l

so again in his office at City HaII on February

22

securing an airport concession as well as a lease at the Transbay Transit Center.

23

24

B.
21.

13,2019. During that meeting he again offered assistance

Summary of Additional Evidence of Corrupt Intent and Modus Operandi
The investigation to date has also identified additional evidence of the defendants'

25

comrpt intent and modus operandi. This evidence includes the following additional schemes: (1)

26

Multimillion-Dollar Mixed-Use Development Scheme; (2) Transbay Transit Center Scheme; (3)

27
28

AFFIDAVIT
FILED UNDER SEAL

8

 II

il

I
II

il
1

ll gutt
il

2
J

roo- Trailer

I

summarize this evidence below and provide additional detail in the sections that follow.

Jl

I

t.

ll
il

4

and Homeless Container Shelter Scheme; and (a) Vacation Home Scheme.3

,r.

ll

Multimillion-Dollar Mixed-Use Development Scheme

As part of this pattern of conduct, intercepted communications show that NURU has

to use his official position to benefit a billionaire developer in China who was involved with

5 ll attempted

il

6

lIdeveloping a large multimillion-dollar mixed use project in San Francisco, California. This individual

il
7 ll has
il
8 ll

be.n identified by the FBI and is referred to below as DEVELOPER

1.

In exchange for travel and

toagirrg, high-end liquor, and other gifts and benefits, NTIRU admiued to workihg behind the scenes to

II

9 ll use

his offrcial position to help DEVELOPER

I with developing

a large,

multimillion-dollar mixed-use

in San Francisco. In NIIRU's own words, "Yeah this gtry IDEVELOPER 1], you know he's, the

t0

ll

n-:.o

11

ll

*, *r* the hotels, he's been hooking, uh he's the one hooking us up... We don't, yeah, we don't uh we

T2 ll

O"o, um we don't pay any hotel or anything. They take care of us. They give us good rooms and good

il
13 ll

service... IDEVELOPER

l4 lln" Uo"rr't

t

has] a whole list of things that we need to get done... Oh yeah, but I mean,

you know, he doesn't give money or anything. He lets us stay in his hotels and stuff. He

il

15

t6

t7

llmakes all the arrangements for us, which is good. And nice places." The comrpt nature of this

I

ll

arrangement was corroborated by an encrypted message sent from NURU to DEVELOPER 1 on

r 4,2018, shortly after NLIRU had received luxury accommodations from DEVELOPER I

llN*"-U"

18 ll Awing NURU's stay in China. The message from NURU stated: "Thank you very much for all your
il
19 lf generosity while we were in China. We had a greatvacation and my daughter had a wonderfrrl time. I
il

do my very best to see that your project gets completed. Look forward to seeing you in San

20

llwill

2t

llp.*.i..o

22

when you come."4

,.

ll

il

Transbav Transit Center Scheme

23 il
il

24
25

26

il_
llnot summarize
' This affidavit is limited to facts believed to be sufficient for the requested Complaint
all evidence known to investigators
potential
ll
ll mveshgatron to date.

or every

and does
scheme uncovered by the

-

State and local ethics and disclosure laws require ofEcials like NTIRU to (among other things)
llreport potential
conflicts of interest and list the gifts they have received,

including meals and travel,
700. NURU never disclosed any of the travel,
28 llaccommodations, or other gifts he received during his 2018 trip to China. I believe this is evidence of
IINURU's intent to defraud and his desire to hide the benefits he has received from DEVELOPER 1.
27 ll

ll every year on a document known as a Form

llor.,rou,,
FILED LINDER SEAL

II

e

 23.

I

As noted above, NLIRU also serves as the Chair of the Board of Directors for the

2

Transbay Joint Powers Authority (TJPA). The TJPA was created by a group of public agencies to

J

oversee, among other things, contracting at the Transbay Transit Center. The TJPA has publicly stated

4

that leases at the Transbay Transit Center would be evaluated based on a point system, detennined by

5

the tenant's proposed product, experience, financing, local ties, and other similar criteria. Similar to his

6

efforts in furtherance of the Airport Scheme, NTIRU appears to have used his position as the chair of the

7

TJPA to attempt to secure a desirable lease for BOVIS in the Transbay Transit Center in exchange for

8

benefits provided by BOVIS. As described further below, NTIRU also pitched investrnent in the

9

Transbay Transit Center to FBI confidential sources (in the Spring of 2018 during meetings about the

10

airport scheme) and indicated he would also help them obtain a lease there. During those recorded

11

conversations, NIIRU shared what he described as confidential infonnation about ongoing lease

12

negotiations. During another recorded meeting at NURU's office on February 13,2019, NIIRU

13

indicated his continued willingness to help FBI confidential sources in a similar manner.5

3.

l4

24.

15
T6

Bathroom Trailer Scheme and

eless

Container Shelter Scheme

As the director of the DPW, NLIRU also has influence or control over DPW's contracts to

purchase portable bathroom trailers. The bathroom trailers are being placed, or are intended to be

t7 placed, in various

San Francisco locations to alleviate ursanitary conditions caused by the

City's

18

ongoing homelessness problem. NTIRU also has control or influence over a project for the City to

t9

purchase

20

his bids for these projects by, among other things, providing BOVIS with inside information regarding

21

both projects. For his part, BOVIS indicated to his business partners that the competitive bidding

22

process for one of the projects was'Just a formality."

tiny container-type portable housing for use by the homeless. NURU

4.

23

has assisted

BOVIS with

Vacation lfome Scheme

24
25
26

27
28

s

During this same meeting NTIRU also said he was again willing to help the confidential sources
bid for an airport concession, which indicates he was not discouraged by (1) his previous
discussion of a bribe for an airport commissioner with one of the same confidential sources in April
2018 or (2) the fact that the Airport Scheme never came to fruition.

with

a

AFFIDAVIT
FILED UNDER SEAL

l0

 1

25.

NURU owns

a vacation home in

Northern Califomia near the Mendocino National Forest

2

on Lodoga Stonyford Road in Stonyford. 6 The home has been extensively remodeled by contractors

3

largely from San Francisco. It is approximately a three and a half hour drive from San Francisco to

4

Stonyford. Currently in San Francisco and the Bay Area, construction and remodels are very common.

5

Local contractors typically have more work than they can handle in the immediate Bay Area. ln this

6

economic climate and given the considerable extra expense to a customer, it is remarkable that NURU

7

has contractors from San Francisco driving three and a half hours one way to work on his vacation

8

home. Notably, some of these contractors currently have business with the City and County of San

9

Francisco. One contractor who is sending workers to work on the vacation home, referred to here as

l0 CONTRACTOR 1, is the CEO

and Vice President of a company that has received numerous contracts

with DPW worth in excess of $2 million

11

with the City and County of San Francisco, including

t2

:rr,2018. As described below, CONTRACTOR

13

from NLIRU to resolve issues with a large-scale project to replace sidewalks on Van Ness Avenue in

t4

San Francisco. Based on my training and experience, and on intercepted communications,

15

these contractors are working on

r6

continue to obtain contracts with the City and DPW, as well as receive NURU's support in resolving any

t7

issues that may arise with existing and future contracts.

18

C.

26.

I believe

N(IRU's vacation home for free or at a subsidized rate so they can

San X'rancisco

,,

20

2t

appears to have received behind-the-scenes support

Details of Airport Scheme and Additional Evidence of Corrupt Intent

1.

t9

I

a contract

4""

Airport

Scheme
Process

"-tracting

The SFO Airport contracting process is a competitive selection process that consists

of

22

multiple steps. During the planning stage, airport staffdetermine the basic business terms, including

23

type of business, location, length of lease, minimum bid, rental rate, required and optional merchandise

24

or services, operational requirements, and construction/improvement requirements.

25

27.

A Request for Proposal (RFP) is then issued that describes the business opportunity and

26
27
28

6

Although the home is technically located in Stonyford, intercepted communications show that
NTIRU and other subjects often refer to the vacation home as being in "Ladoga" or "Lodoga" (Lodoga,
CAls 4ext to Stonyford, CA). For purposes of this affidavit, I use both Stonyford and Lodoga to refer
to NTIRU's vacation home.

AFFIDAVIT
FILED LINDER SEAL

11

 1

establishes the qualification requirements for prospective proposers or bidders with directions on how to

2

submit a proposal or bid. The document also includes the selection criteria that the airport will use in

J

evaluating the proposal. Following the RFP, an Informational Conference is then made available to the

4

public to explain selection process and agreement specifications.

5

28.

The RFP bids are then submitted by mail or in person. The proposals are then evaluated

6

and ranked by a panel using the criteria previously outlined in the RFP. The highest bidder/top-ranking

7

proposer then meets with the Human Rights Commission ftIRC) representative and enters into a non-

8

discrimination-employment agreement. The selection process then enters into the final stages.

9

29.

The San Francisco Airport Commission, which is the Airport's governing body, approves

10

the award of the agreement. The Airport Cornmission is a public agency established by a San Francisco

11

City Charter in 1970. The Commission consists of five members appointed by the Mayor of San

l2 Francisco to four-year terms. AIRPORT COMMISSIONER 1 is a current member of the Airport
l3

Commission. If necessary, the agreement is then approved by the Board of Supervisors and ratified by

t4

the Mayor. The successful bidder or proposer then becomes an airport tenant.

15

30.

The SFO RFP process is required by law to be a competitive process. The San Francisco

t6 Administrative Code
t7

sets forth the powers and duties of the San Francisco

Airport Commission. Per

Section 2A.173, the San Francisco Airport Commission "shall also have sole power, subject to a

l8 competitive process

and award to the highest or best responsible bidder or proposer to lease out any

t9

concession wherein the concessionaire is to be given an exclusive right to occupy space on or in airport

20

lands or buildings."

(ii)

2t
22

BOVIS Prepares Another Bid With CHS-87857 and CHS-87856 For a
Restaurant at SFO

(a)

The January 24,2018 Meetings at SFO and Broadway Grill

23

24

31.

On January 24,2078, CHS-87857 and CHS-87856 attended an outreach meeting at SFO

25

At this time, both CHS-87857 and 87856 were cooperating with the FBI. As part of this cooperation,

26

they made recordings of telephone conversations and in-person meetings with BOVIS and other

27
28
AFFIDAVIT
FILED LTNDER SEAL

12

 1

2

subjects.

7

32.

The January 24,2018 SFO outeach meeting provided information regarding a new SFO

J

concession RFP. The R-FP was for Tenninal 1 food and beverage concession leases and included nine

4

separate leases. The RFP and the Informational Conference were intended to

5

about the competitive selection process for this Concession Opportunity" at

6

based on the Proposer's concept, design intention, amount and source of capital investment funds, and

7

customer service and quality control. One of the leases, Lease #5, was for a chicken quick-serve

8

restatnant. As set forth in the RFP, the submittal deadline for proposals was May 2,2018.

9

33.

"inform interested parties

SFO. The criteria were

The Terminal 1 Retail Concession Leases RFP specifically prohibited any attempt to

l0

communicate with or solicit any Ctty and County of San Francisco elected official, member of the

11

Airport Commission, and/or any other City or Airport Commission persoillel, except

12

the RFP, with the intent to influence the outcome of the selection process. Per the Terminal 1 Food and

13

Beverage Concession Leases, Request for Proposals, Addendum No. 2 dated January 29,2018:

as instructed

by

Communication Prior to Lease Award: From the date this RFP is issued
until the date the competitive process of this RFP is completed either by
cancelation of the RIP or by frnal action of the Airport Commission and
the Board of Supervisors, Proposers and potential Proposers, and/or their
representatives or interested parties, shall communicate with the Airport
only as instructed in Part II.2 of this RFP.

14
15
16

t7

Any attempt to communicate with or solicit any City and County of San
Francisco elected official, member of the Airport Commission, and/or any
other City or Airport Commission personnel, except as instructed in this
RFP, with the intent to inJluence the outcome of the selection process or
award of the Lease is prohibited. Failure to comply with the

18

t9
20
7

CltS-gZg56 cooperates with the government in exchange for consideration in a pending federal

2l investigation of CHS-87856 and Company X. I am unaware of any indication that CHS-87856
22

z)
24
25
26
27
28

has been
untruthfi.rl or rmreliable in the past. CHS-87856 was previously arrested and charged with Conspiracy to
Transport and Sell Stolen Motor Vehicles, Receipt of a Stolen Motor Vehicle, and Trafficking in a
Motor Vehicle with Altered Identif,rcation Number. CHS-87856 was found guilty.

CHS-87857 cooperates with the government in exchange for consideration in a pending federal
investigation of CHS-87857 and Company X. CHS-87857 has no known criminal history according to
federal and local criminal checks. Although I believe that CHS-87857 has generally been truthful ind
reliable, another wifi:ess has provided infonnation that suggests CHS-87857 did not disclose an incident
involving a prior bribe to a public official before CHS-87857 began cooperating with the FBI.
Specifically, agents interviewed a witness in June 2018 regarding a separate public comrption case, and
that witness stated that CHS-87857 pud for dinners, drinks, hotel rooms, and clothing/spbrt merchandise
for public officials. In return, these public offrcials shared information with CHS-87857 about a Request
fol Proposal (RFP) before the RFP was publicly announced and while the public official was writing the
RFP. CHS-87851was later awarded the contract. This happened before CHS-87857 was cooperating
with the FBI. CHS-87857 did not disclose this to the FBI.
AFFIDAVIT
FILED LINDER SEAL

t3

 communications protocol of this RFP may, at the sole discretion of the
Airport, result in the disqualification of the Proposer or potential Proposer
from the competitive process. This protocol does not apply to
communications with the City regarding business not related to this RFP.

1

2
J

4

l+.

I
I

On January 24,2078, after the SFO outreach meeting, CHS-87857 and CHS-87856 met

5

BOVIS at the Broadway Grill, BOVIS' restaurant in Burlingame, California. The meeting was

6

recorded. At the restaurant, BOVIS, CHS-87857 and CHS-87856 discussed the Terminal

7

particular, Lease #5. They also discussed submitting a proposal to obtain the Lease #5 concession

8

contract for a branch of the Spinnerie, a restaurant located in San Francisco that BOVIS owns. BOVIS

9

told CHS-S 7857 andCHS-87856 that he would ask his resources in San Francisco city govemment to

10

1

RIP and, in

determine how to guarantee the concessions opportunity at SFO.

35.

11

One of the "resources in San Francisco city government" that BOVIS identified was

t2

Moharnmed NURU, the Director of DPW. Regarding NURU, BOVIS stated, "this guy here, he's head

13

of DPW, he's come through." After identifying another high-level city offrcial, he continued, "...they're

t4 all, they're all, on the, so it's all good." When
15

all work, like, side deals." BOVIS added, "so that's the ones that you need."

36.

t6
t7

asked for clarification, BOVIS further explained, "they

Based upon my training and experience in historic and ongoing investigation of public

comrption in the City and County of San Francisco, I believe that the term "side deals" refers to paying

l8 bribes, kickbacks,

37.

t9

and other favors in exchange for official actions from city officials.

BOVIS told CHS-87857 and CHS-87856 that NURU was "my best guy that come

it." With

20

through for me. He's never failed me. Like when he said he'd gonna do something he did

2t

respect to the SFO concession contracts, BOVIS said of NURU,

22

and

23

so

24

next time CHS-87857 and CHS-87856 were in town. Based on my training and experience, I believe

25

when BOVIS said NIIRU "knows how to cover his back," he meant NURU has possibly concealed

26

illegal activity in the past.

27
28

I'll

"I'm

gonna ask him about the aiqport

get exact details." BOVIS also said that NTIRU "knows how to cover his back on all this

stuff

it's not a conJlict or nothing" and offered to set up a meeting with everyone at the Broadway Grill the

38.

Discussing their previous failed SFO restaurant bid, BOVIS told CHS-8 7857 and,CHS-

87856 that he thought having the late mayor involved would be enough to get a public official to
award
AFFIDAVIT
FILED I-]NDER SEAL

14

 I

them the bid, but he did not realize how political the process was. BOVIS said "I thought I did

2

everything right but I don't know what happened." He continued, "I thought the mayor was the best I

J

a

could do but obviously it wasn't. See, the problem, in San Francisco too, the politics are just crooked,

4

you know what I mean? And they can go sideways. They even undermine the people in charge."8

5

(b)
6
7

39.

BOYIS Arranges for BOYIS, NIIRU, AIRPORT
COMIiIISSIONER 1, CHS-87856 and CHS-87857 to Meet.

On February 8,2018, at approximately 9:35 a.m., CHS-87857 made another recorded call

8

to BOVIS. BOVIS said the previous night he met with AIRPORT COMMISSIONER 1, and she said
9

she wanted to go
10

it."

with him personally and thinks she "is going to talk about what she would take to do

I believe such

a meeting was a

violation of the RFP rules described above, which bar "[a]ny attempt

11

to communicate with or solicit any ... member of the Airport Commission ... with the intent to

t2

influence the outcome of the selection process or award of the Lease." In addition, based on my training

13

and experience,

l4

I believe the phrase "what

she would take to do

it" may refer to the transfer of

something of value as a bribe in exchange for her assistance with the selection of their restaurant for the

15

airport lease.

I6

l7

40.

In that same call, BOVIS stated he met with a "famous lawyer," who "handles all the

stuff." BOVIS said NURU, his friend at the head of DPW, ananged his meeting with AIRPORT
18

COMMISSIONER

1 so he

will

meet with her privately and NURU said he would "take care of her and

t9
she'll make it happen." BOVIS said he would ask AIRPORT COMMISSIONER

1

if they needed to get

20

the lawyer involved since he knows the rest of the commissioners. BOVIS said he told AIRPORT

2t

COMMISSIONER I they want Lease #5 and after that, they may want to meet with the lawyer. BOVIS

22
and CHS-87857 coordinated travel plans for late February. BOVIS said he was going to call AIRPORT
23

COMMISSIONER I to make the appointment and CHS-87857 said he would fly to the Bay Area for the
24

meeting. BOVIS encouraged CHS-87857 to research AIRPORT COMMISSIONER I and reiterated
25

that his friend, the head of DPW, apparently meaning NURU, was very close with her. BOVIS told
26
27
28

8

BOVTS also discussed paying a former elected official to lobby for the airport lease, but
_elPressed concem that it migft be too expensive ryd/o! might not be successful. Accordingio BOVIS,
NTIRU would know what to do to ensure-they obtained thelease.
AFFIDAVIT
l5
FILED LTNDER SEAL

 1

CHS-87857 that last night AIRPORT COMMISSIONER 1 told BOVIS to "call me right away;'

2

BOVIS told CHS-87857 he would catl AIRPORT COMMISSIONER

a

lawyer.

J

41.

4

1 and see

what she says about the

Telephone records confirm the February 8,2018, call between CHS-87857 and BOVIS.

5

ln addition, telephone records show BOVIS spoke to NURU on February 6,2018 and February 7,2018.

6

Based on the February 8, 2018 conversation between BOVIS and CHS-87857, and my training and

7

experience, I believe the purpose of these calls was to schedule the meeting with AIRPORT

8

COMMISSIONER

9

also spoke to NURU during a telephone call on February 13,2018.I believe NURU was the conduit

I

and to discuss assistance she might provide regarding leases at the airport.

BOVIS

l0

between BOVIS and AIRPORT COMMISSIONER 1 and this call was to request NtIRU's help to

11

facilitate a meeting with AIRPORT COMMISSIONER 1, CHS-87856, and CHS-87857.

42.

l2

On February 22,2018, at approximately I 1:48 a.m., CHS-87857 made a recorded call to

13

BOVIS. BOVIS said he was likely meeting with her [believedto

t4

on Tuesday. BOVIS and CHS-87857 spoke about a chicken restaurant's suitability for airports. BOVIS

15

said he was going to set up this upcoming appointment with her and then a meeting after. BOVIS said

t6

he would

t7 "to

be AIRPORT

COMMISSIONER

1]

"find out what it takes to do it" and ask her "straightforward" if he needs to hire the attomey

guarantee

it." BOVIS said he was going to ask her direct questions

and "get more of a guarantee."

18

BOVIS told CHS-87857 that "she is the shot caller down there." BOVIS stated "his friend" knows all

19

the airport commission members, so they "have maybe four of the seven votes for sure. I just need to

20

work on the other three and uh, I'11 see how many anybody else I can get to that knows the other three."e

2t

BOVIS explained he does not want to do this one like last time when he thought it was done and it was

22

not. CHS-87857 told BOVIS to look into the lawyer and BOVIS said they might

23

'Just to cover everything." BOVIS said he would call CHS-87857 after the meeting with AIRPORT

24

COMMISSIONER

25

26

43.

need to hire the lawyer

1.

On February 28,2078, at approximately 10:19 a.m., CHS-87857 made a recorded call to

BOVIS' BOVIS said he had

a meeting that

night and asked if CHS-878 57 hadany specific questions for

27
28

e

Based on the SFO-Airport Commission website, the Airport Commission consists of
five
members appointed by the Mayor.
AFFIDAVIT
t6
FILED LTNOPR SEAI

 1

AIRPORT COMMISSIONER 1. CHS-87857 told BOVIS to tell her they wanted Lease #S,the chicken

2

location, and that every time he has tried he has lost, so he wanted to see how she can help. BOVIS

3

added, "What does it take to get

4

CHS-87857 and BOVIS discussed scheduling a meeting for CHS-87857 to meet AIRPORT

5

COMMISSIONER

6

people on the board. BOVIS said he would "ask [AIRPORT COMMISSIONER 1] about to ensure that I

7

get this done right

8

9

44.

1

it done?" and eHS-87857 continued, i'What does she want for it?"

in mid-March. BOVIS reminded CHS-87857 thathis friend, NIIRU, knew all the

if I need to hire [the lawyer], or if I need to deal with her, so I'm going to ask."

On March 1,2018, at approximately 12:40 p.m., CHS-87857 made a recorded call to

BOVIS. BOVIS said he took AIRPORT COMMISSIONER I to dirurer and the meeting went well. I
meeting was again a violation of the RFP rules barring communication with members

10

believe such

11

the Airport Commission seeking to inJluence the outcome of the selection process. BOVIS said he

a

l2 explained to AIRPORT COMMISSIONER 1 that they lost the last two bids
l3 BOVIS, AIRPORT COMMISSIONER 1 told BOVIS

of

at the airport. According to

the Airport Commission normally works

in

t4

unison, with t'wo commissioners and AIRPORT COMMISSIONER 1, and two other people for a totai

15

five of them, dl trying to votetogether. BOVIS said AIRPORT COMMISSIONER

t6

research whether there was any opposition, but that AIRPORT COMMISSIONER 1 was in position to

t7 frnd local people rather than a big company. AIRPORT COMMISSIONER I

1 was going to

said the person who put

18

them in touch has never asked for a favor and she would gladly do it for them. Based on previous

19

conversations between BOVIS and CHS-87857,I believe the "person" was a reference to NLIRU.

20

45.

of

According to BOVIS, AIRPORT COMMISSIONER 1 said to ask her any questions but

2t

she was confident she could help them secure the lease after she got all the

22

CHS-87857 that AIRPORT COMMISSIONER 1 said, "she'll make sure we get

23

BOVIS, AIRPORT COMMISSIONER 1 also said the lawyer was not necessary. BOVIS stated, "This

24

just requires me to take care of, just like I was going to take care of the mayor before, I'll just, take
care,

25

I'll do it on my side with the, the head of DPW, the one who introduced

26

BOVIS said he would schedule

27

the week of March 19.

28

46'

a meeting

AFFIDAVIT

us ... so

with AIRPORT COMMISSIONER

Based on my training and experience,

FILED T]NDER SEAL

information. BOVIS told

17

in." According

I'll

1 at

to

take care of that.,,

the Broadway Grill

I believe BOVIS' reference to taking care of things

 1

I
I

on his side with the head of DPW was a reference to BOVIS paying for NURU's assistance, or

2

providing other items of value, in exchange for NfIRU's help in securing the lease. I believe BOVIS

J

and NTIRU were therefore working together on a scheme to defraud the public by depriving

4

AIRPORT COMMISSIONER t honest services.

5

47.

BOVIS and CHS-87857 thenhad a series of recorded calls about scheduling

it of

a meeting.

t,2018, at approximately 12:52 p.m., CHS-87857 called BOVIS. BOVIS and CHS-87857

6

On March

7

discussed scheduling a meeting the week of March 19 at the Broadway

8

approximately 9:20 a.m., CHS-87857 called BOVIS. CHS-87857 and BOVIS discussed the status of the

9

upcoming meeting. BOVIS told CHS-87857 he "talked to Mohammed again and she seems thinks she

10

can do it, I just want to have you meet her, talk to her." BOVIS said he was trying to set up the meeting

11

for the 19th, and would confirm later. BOVIS said he had "already told her about the meeting." On

t2

March 73,2018, at approximately 6:39 p.m., CHS-87857 called BOVIS. BOVIS said he was trying to

13

schedule the meeting for March 19 and would contact CHS-87857 when

t4

14,2018, at approximately 1:36 p.m., CHS-87857 called BOVIS. BOVIS conflrmed the meeting was

15

scheduled for March 19 at6:30 p.m. at Broadway

Grill.

On March 9,2018, at

it was confirrned. On March

Grill with AIRPORT COMMISSIONER 1 and

t6 NURU. CHS-87857 asked to meet 30 minutes to an hour beforehand. BOVIS agreed. BOVIS fi.rther

t7

said that he thought CHS-87857 should meet AIRPORT COMMISSIONER

18

doing other stuff out there. BOVIS told CHS-S7857, "Break through the wall, the barrier. Get you into

t9

the airport and after it's done maybe you could get four or five of them in there." Telephone records

20

confrm each of the previously described calls between CHS-87857 and BOVIS on BOVIS' cellular

2t

telephone. Based on my training and experience, I believe BOVIS arranged the March 19 meeting with

22

NURU and AIRPORT COMMISSIONER

23

AIRPORT COMMISSIONER 1's honest services.

(c)

24
25.
26

48.

1

I

because he's going to be

in order to firther the scheme to defraud the public

of

The March 19,2018 Meeting at the Broadway Grill With
BOVIS, CHS-87857, CHS-87856, UCE- 7 982, and. NIIRU.

On March 19,2078, at approximately 1 l;77 a.m., CHS-87857 made a recorded call to

27

BOVIS. BOVIS said he left

28

CHS-87857 confirmed the meeting time and said CHS-87856 and.a friend who
represents a lender
AIFIDAVIT
FILED LINDER SEAL

a message

with AIRPORT COMMISSIONER

l8

1

to confirm the meeting.

 1

would be there. Unbeknownst to BOVIS, and as described in fuither detail below, the "friend who

2

represents a lender" would in fact be an FBI undercover employee,UCE-7982.

49.

3

Telephone records confirm the aforementioned call between CHS-87857 andBOVIS on

4

BOVIS' cellular telephone. Telephone records further show BOVIS called AIRPORT

5

COMMISSIONER I on March 79,2018, at approximately I I :16 a.m., just prior to the call with CHS-

6

87857.

50.

7

On March 19,20L8,UCE-7982, CHS-87856, and CHS-87857 met with BOVIS at the

8

Broadway Gri1l. That meeting was recorded. After being seated at a table, BOVIS explained that

9

AIRPORT COMMISSIONER

I

was not in good health and would not be joining them that evening.

10

BOVIS stated that NURU is the head of DPW and is the one who set up BOVIS to meet AIRPORT

11

COMMISSIONER 1. According to BOVIS, AIRPORT COMMISSIONER t had told him "Mohammed

T2

never asked me a favor with the airport so I'm going to give it to him." BOVIS added that NURU was

13

friends with other members of the commission, mentioning two commissioners in particular, so they

t4

could talk to NLIRU about everything. According to BOVIS, NTIRU coordinated it all and "she,"

15

believed to be referring to AIRPORT COMMISSIONER 1, was the one who appointed the CEO of the

t6

airport. BOVIS explained to UCE-7982 that they did not get the previous two bids because the

t7

selections are made at a mid-management level and not high up, such as at the mayor level, which was

18

why last time BOVIS' connection with the late mayor did not work.

51.

t9

BOVIS instructed everyone they could be straightforward with NTIRU and ask whatever

20

they wanted to ask him. BOVIS explained that NURU told him AIRPORT COMMISSIONER 1 and

2t

AIRPORT COMMISSIONER 2 work in tandem and always vote together. Specifically, BOVIS said

22

"they have a little system,"

23

don't vote against each other." BOVIS explained that there are
^nd"they
five commissioners and AIRPORT COMMISSIONER 1 and two other commissioners always vote

24

together so they have the majority. He later continued, "and the other two they play with."

25

'

52.

BOVIS said NURU knows AIRPORT COMMISSIONER

1 because

NIIRU helped

26

AIRPORT COMMISSIONER 1 get her job at the Airport Commission. According to BOVIS, NURU

27

has been around for over 20 years and has worked in every city department. BOVIS explained that

28

NURU is cunently the Director of the Department of Public Works, which he described as .,a powerful
AFFIDAVIT
FILED TINDER SEAL

t9

 1

spot." BOVIS stated that AIRPORT COMMISSIONER 1 said the chicken spot was pretfy easy because

2

AIRPORT COMMISSIONER

J

then stated that they needed to get ahead of the vote because the vote would be decided ahead of time.

4

53.

I

had looked into the competition and did not see anything

yet. BOVIS

BOVIS continued by saying NLIRU was reliable and they had worked on a couple

5

projects together. CHS-87857 asked BOVIS if everyone could talk "straight out" with NIIRU and

6

BOVIS confirmed they could and said, "I'm good friends with him." Based on my training and

7

experience, BOVIS was confirming they could speak plainly with

8

pay for the favor of assistance with winning the bid, because of BOVIS's level of trust with NURU.

9

CHS-87857 went on to explain they did not want to spend 30-40 thousand dollars on a project and,

10
11

NIIRU about how much they would

BOVIS finished the statement by saying, "not get it."

54.

CHS-87857 asked BOVIS if NURU would want something. BOVIS replied that BOVIS

"I'll

12

would do something for NURU, and that NLIRU was giving BOVIS more deals. BOVIS stated,

13

take care of him." CHS-87857 asked about other deals for their group; BOVIS responded that they could

l4 talk to NTIRU about that and BOVIS could

be the middleman. BOVIS said they have to be careful but

it wouldn't be a problem. BOVIS added, "He just, uh, can't ask you for

15

once NLIRU got to know them,

t6

anything. That's the rules. Like he can't ask you, 'I need this for free.' You need to make the offer."

l7

Based on my training and experience,

18

providing NIIRU something of value for his assistance with securing the lease at the airport or other

t9

public sector business opporhurities.

20

55.

I believe when BOVIS referred to making

an

"offer,"

he meant

At that point, NURU joined the group and they moved upstairs to a more private table.

2t

NTIRU explained that AIRPORT COMMISSIONER

22

health issues. BOVIS introduced NIIRU to CHS-87857, CHS-87856, and UCE-7982, and provided

23

NTIRU with some background about all of them. NURU then started discussing the Transbay Transit

24

Center, its size, anticipated concession opportunities there, and explained that he, NIIRU, was in charge

25

of the project. I am aware that NURU is the Chair of the Transbay Joint Powers Authority Board.

26

56.

1

could not attend dinner that night because

NURU explained that AIRPORT COMMISSIONER

1 was a commissioner at the

of

airport

27

and she was disappointed she could not attend the meeting that evening. (Telephone records confirm

28

NURU and AIRPORT COMMISSIONER
AFFIDAVIT
FILED UNDER SEAL

1 connected earlier that day
20

by telephone at approximately

 1

3:37 p.m.) BOVIS explained to the group that they attempted the first location, Lefty O'Doul's, and he

2

did not ask NI-IRU or anyone and he thought it was a "slam dunk." BOVIS later rcalized the winner had

J

secured a licensing agreement with COMPANY

4

kinds of places are pretty competitive, the politics, but she said she had done some legwork for you.

5

She'll do it." NURU explained that AIRPORT COMMISSIONER t had been at the airport for a long

6

time and she said she would help. NTIRU continued, "I didn't know you had this problem until

7

recently." Based on my training and experience, I believe NURU's reference to "this problem" was the

8

inability to have someone help them secure a lease at SFO.

57.

9

Y

so they could not beat them.

NIIRU added, "those

BOVIS explained that after they lost the first time, the late mayor said he would help.

10

CHS-87856 explained that when they lost the second attempt, they lost a significant amount of time and

11

money. NURU said he understood and BOVIS added, "Yeah, we didn't get through so this time I told

12

them, this time I would try to do it right. That's why I talked to you." NLIRU replied, "She said she's

I3

done some legwork."

t4

58.

NURU continued to tell the group about the Transbay Transit Center and said that at the

15

last board meeting "they" confidentially told him whom they were negotiating with to go into the space.

16

NURU identified the largest space

t7

information was confidential. Based on the context of this conversation, I believe when NURU said

18

"they," he was referring to members of the Transbay Joint Powers Authority Board.

59.

19

as being

for

a

specific entity, which he named, but said the

CHS-87856 asked NURU if he knew the group submitted a bid for the Gold Dust to go

20

into the airport a few months prior and BOVIS told NURU that this time they want to take care of the

2t

votes ahead of time.-NURU said you have to do the legwork. NIIRU said AIRPORT COMMISSIONER

22

1 is a

23

NIIRU

24

has already done some work on the project for them. UCE-7982 asked

25

I

26

said to let her handle that, meaning AIRPORT COMMISSIONER 1, and BOVIS added that AIRPORT

27

COMMISSIONER I previously told him that three of the five commissioners work together when

28

voting. NURU explained that it was unlikely they could meet with a commissioner without access

very good friend of his and he has never asked her for anything but they do other things together.
shared that he and BOVIS met

with AIRPORT COMMISSIONER

1 a few weeks ago and she

if AIRPORT COMMISSIONER

could handle everything herself or if they should meet with any of the other board members. NTIRU

AFFTDAVIT
FILED LINDER SEAL

2I

 I

because a commissioner would not meet with them "out of the blue." NURU advised to let her, meaning

2

AIRPORT COMMISSIONER 1, do all that work and "if we need to do something she will tell us."

60.

a

J

BOVIS showed the group photographs of the Transbay Transit Center on his computer,

Nt RU if there

was someone they cotld contact to lea:n more about the project.

4

and CHS-87856 asked

5

NURU suggested they call "out of the blue" and say they are interested in the Transbay Transit Center

6

and to let him know. NTIRU said the train has

7

heard about the project. NTIRU frrther offered,

8

because

9

training and experience, I believe NURU was saying they were late to be trying to get a location in the

10

Transbay Transit Center, but he was willing to use his position as Chair of the Transbay Joint Powers

11

Authority Board to help the group secure a location.

l3

"If

there is a slight window,

BOVIS also told NURU that he was doing

a licensing agreement

Lease #5 at SFO, and discussed whether AIRPORT COMMISSIONER

t4 group

I can get you in, for

sure,

I'm the Chairman for them." Based on the context of this conversation, and based on my

61.

12

"left the station" but they can try to tell them they just

I

with the Spinnerie for

has done any "research." The

discussed how busy SFO is and potential tenant spaces. BOVIS suggested UCE-7982, CHS-

I

of

15

87856, and CHS-87857 meet with AIRPORT COMMISSIONER

t6

AIRPORT COMMISSIONER 1 traveling to the city where Company X is based, to meet everyone.

t7 NURU

and also suggested the idea

said he had plans to meet with AIRPORT COMMISSIONER 1 later in the week and mentioned

INDIVIDUAL I

18

he needed to meet with

t9

confirmed the group would follow up with the Transbay Transit Center and NURU told them to call.

20

NTIRU asked about everyone's schedule for the following day and BOVIS suggested a tour of the

2l

project. NTIRU provided a contact to CHS-87856 (which CHS-87856 later used to schedule a tour).

22

62.

since he helps AIRPORT COMMISSIONER 1. BOVIS

UCE-7982 asked BOVIS about his comment about glving back to the community or

23

whether that was a conversation best handled with AIRPORT COMMISSIONER 1. BOVIS responded

24

that he had a nonprofit but he would talk to her. NURU added, "We'll let you know which groups she

25

wants." Based on my training and experience, I believe NLIRU was saying that he and BOVIS would let

26

UCE-7982 know the names of one or more nonprofit orgaruzations to which AIRPORT

27

COMMISSIONER

28

1's assistance with the airport lease. In summary, dwing this meeting, I believe BOVIS and NI_IRU
AFFIDAVIT
FILED UNDER SEAL

1 said they should make a donation

22

in exchange for AIRPORT COMMISSIONER

 1

were describing a scheme to offer AIRPORT COMMISSIONER 1 a bribe of a free trip to another city

2

and./or a donation to a designated charitable group

a

COMMISSIONER 1's honest services in the selection of airport bids.

J

in order to deprive the public of AIRPORT

4
5

(d)

6
7

63.

NIIRU Tells BOVIS to Provide a $5,000 Bribe for AIRPORT
COMMISSIONER 1

On March 21,2078, at approximately 1l:23 a.m., CHS-87857 made a recorded call to

8

BOVIS. CHS-87857 thanked BOVIS for the meeting
9

and

BOVIS mentioned he was meeting with

NTIRU and AIRPORT COMMISSIONER 1 on Thursday, March 22,2018 at 6:30 p.m. BOVIS asked if

10

CHS-87857 could fly AIRPORT COMMISSIONER

I

out to the city where Company X is based. CHS-

l1
87857 asked how BOVIS thought the meeting with NURU went. BOVIS responded that he thought the

l2
meeting with NURU went well, and stated, "So he told me, he goes, 'just give me, between me and you,
13

I didn't want to say it front of the other people,' he said, 'if you give me like $5,000 bucks cash for her
t4
and send her

offto [the city where Company X is based] to meet you guys and I'11 get it taken

care of.'

15

And I said'OK."'
16

64.

BOVIS then told CHS-87857, "So,

I'll

take care of that and get her out there to you."

t7
BOVIS also said AIRPORT COMMISSIONER I was "frne to talk straightforward to, so it's not

a

18

t9

problem" in order to get some assurances on the lease. Based on my training and experience, I believe
the reference to "$5,000 bucks cash for her" was an instruction from NURU to BOVIS to provide a

20

2t

$5,000 cash bribe for AIRPORT COMMISSIONER 1, along with a free trip to another city, in exchange

for offrcial acts which would ensure that BOVIS, CHS-87857, CHS-87856 and Company X won the
22

Z)

contract for a restaurant concession at SFO. I believe this constitutes a scheme by NTIRU and BOVIS to
bribe AIRPORT COMMISSIONER 1 and defraud the public of AIRPORT COMMISSIONER

24

l's

honest services. ln addition, based on my training and experience, I believe BOVIS's comment that
25

AIRPORT COMMISSIONER I was "ftne to talk straightforward to" meant they could trust her and
26

could be direct in their conversation about the exchange of the $5,000 for securing the lease.
27

65-

28

On March 22,2018, at approximately 12:43 p.m., CHS-87857 made a recorded interstate

AFFIDAVIT
FILED LINDER SEAL

23

 I

call to BOVIS. CHS-87857 asked BOVIS to deterrnine AIRPORT COMMISSIONER 1's expectations

2

for the trip to the city where Company X is based. BOVIS replied that he thought it should be a one or

J

two night trip so CHS-87857 and AIRPORT COMMISSIONER

4

to see CHS-87857's operations, and go to dinner. BOVIS instructed CHS-87857 to text him with any

5

other questions for AIRPORT COMMISSIONER 1. BOVIS believed that if the meeting with AIRPORT

6

COMMISSIONER 1 went well, she might provide assistance for other projects. BOVIS told CHS-

7

87857 that when he meets AIRPORT COMMISSIONER 1, he should "be straightforward to make sure

8

we win the vote." Based on my laining end experience, I believe when BOVIS told CHS-87857 to "be

9

straightforward to make sure we win the vote," he was instructing CHS-87857 to ask AIRPORT

10

I

could meet, take a quick airport tour

COMMISSIONER t how they can be guaranteed to win the vote.

66.

1t

Telephone records confrm the aforementioned call between CHS-87857 and BOVIS on

t2

BOVIS' cellular telephone. In addition, telephone records show BOVIS' next call on the

13

was to NTIRU a few hours later.

t4

(e)

15

67.

16

BOVIS,llURU, and INDfVIDUAL

Grill

1

same phone

Meet at the Broadway

Later on March 22,2018, agents surveilled a dinner meeting at the Broadway Grill.

t7

Agents observed NIIRU and an unidentified male at a table and saw BOVIS join them shortly after and

18

say,

"Hi IINDIVIDUAL 1's first name]." The group proceeded to have dinner

t9 intermittently

showed

INDIVIDUAL

1

and BOVIS

information on his phone and computer. After the dinner

20

meeting, agents observed NIIRU and INDIVIDUAL 1 depart the restaurant and enter a silver Mercedes

2l

registered to INDIVIDUAL 1 and his business. Agents have reviewed driver's license photographs for

22

the registered owner of the Mercedes, INDIVIDUAL 1, and have determined that he is the individual

23

with whom NURU and BOVIS had dinner.

24

68.

On March 23,2018, at approximately 1:55 p.m., CHS-87857 made a recorded call to

25

BOVIS. BOVIS stated he met with INDIVIDUAL

26

COMMISSIONER

27

had already spoken to

28

ahead of time they know who is going to
AFFIDAVIT
FILED LINDER SEAL

1, the

1, an architect and associate of AIRPORT

night prior. INDIVIDUAL

INDIVIDUAL I

about

1

told BOVIS that AIRPORT COMMISSIONER

BOVIS'project and explained, "The way it works is that

win" and "she said she's
24

abeady been working on

it,"

BOVIS

1

 1

also said they had discussed meeting with the Director of SFO ISFO DIRECTOR]. BOVIS offered to

2

call NURU to check on AIRPORT COMMISSIONER 1's health issues and schedule a meeting with

J

her. Based on my training and experience, I believe the reference to "she's already been working on it"

4

means that, according to BOVIS and

5

securing the votes to ensure BOVIS, CHS-87857, CHS-87856 and Company X won the contract for a

6

restaurant at SFO.

7
8

(D

I
I
69.

9

INDIVIDUAI

1,

AIRPORT COMMISSIONER

1 was

working on

BOVIS Arranges a Meetingwith AIRPORT
COMNTSSrONER I

On March 27,2018, at approximately 8:56 a.m., CHS-87857 made arecorded call to

10

BOVIS. BOVIS said he was working on the appointment and CHS-87857 suggested April 3 or April

11

BOVIS said NIIRU told him AIRPORT COMMISSIONER

t2

asked

13

said they could talk "freely" with AIRPORT COMMISSIONER 1, but he was not sure

t4

as open

15

Based on my training and experience, I believe BOVIS' reference to talking "freely" with AIRPORT

t6

COMMISSIONER

if

1 was

home and doing better. CHS-87857

SFO DIRECTOR would be at the meeting. BOVIS replied that he was working on

it.

BOVIS

if they could

with SFO DIRECTOR. BOVIS said he would call CHS-87857 to conIirm the meeting

1 meant that

4.

be

date.

UCE-7982, CHS-87856, and CHS-87857 could discuss their desire for

t7 the lease and inquire about what AIRPORT COMMISSIONER 1 wanted in exchange for guaranteeing
18

t9

they would win.

70.

On March 29,2018, at approximately 1 :25 p.m., CHS-87857 made a recorded call to

20

BOVIS. BOVIS and CHS-87857 werc discussing a potential meeting date when BOVIS received a call

2l

on the other

22

meeting was confirmed for

23

AIRPORT COMMISSIONER I to confirm the meeting

24

71.

line. When BOVIS returned to the call, he stated that the call was "perfect timing"

April4,

2018 at 6 p.m. at the Broadway

Grill. BOVIS stated

and the

he would text

Telephone records confirm the call between CHS-87857 and BOVIS. In addition,

25

telephone records show BOVIS received a call on the same cellular telephone from NURU on March

26

29,20!8 at 1:26p.m. The content of the telephone call bemreen BOVIS and NURU was not captured,

27

but based on BOVIS' comment that CHS-87857's call was "perfect tirning," I believe that BOVIS and

28

NIIRU conJirmed a meeting to discuss the assistance to be provided by AIRPORT COMMSSIONER
AFFIDAVIT
FILED UNDER SEAL

25

1

 I

to secwe the lease. A review of telephone records also shows NURU called AIRPORT

2

COMMISSIONER l just before cailing BOVIS.

a

J

72.

On March 30,2018, at approximately 9;56 a.m., CHS-87857 made a recorded call to
potential meeting with SFO

4

BOVIS. They confirrned the meeting on April 4,20l8and discussed

5

DIRECTOR. They also confirmed the meeting with AIRPORT COMMISSIONER

6

BOVIS said he would talk to NIIRU that day and

7

thatNURU had asked BOVIS what CHS-87857 thought about opportunities at the Transbay Transit

8

Center. CHS-87857 said they could discuss the Transbay Transit Center at their upcoming meeting.

9

Based on my training and experience, I believe that arranging this meeting furthered the scheme to

see

if

a

1

would be at 6 p.m.

he could schedule that meeting. BOVIS shared

10

defraud the public of AIRPORT COMMISSIONER 1's honest services, by creating an opportunity to

11

meet with AIRPORT COMMISSIONER 1 outside the public competitive bidding process in violation

l2

the RFP Rules and also by setting up an opportunity to discuss potential bribe payments in exchange for

t3

favorable treatment in the awarding of leases at the transit center and airport.

t4

73.

On April 2,2018, at approximately 72:37 p.m., CHS-87857 made a recorded call to

15

BOVIS. BOVIS explained that SFO DIRECTOR could not make the upcoming meeting, but that he

16

was "aware of what was going

on." BOVIS confirmed AIRPORT COMMISSIONER

t7 meeting. BOVIS added that the rooftop
18

of

space became available in the "Salesforce

1

would be at the

building" and CHS-

87857 could talk to NIIRU about it. Based on the project description, I know the Salesforce Tower

t9 adjoins the Transbay Transit Center,

and that the two buildings are often referred to interchangeably.

20

(e)

2t

The April4 Meeting at the Broadway Grill Involving BOYIS,
UCE-7982, CHS-87856, CHS-87857, NURU, and AIRPORT
COMNtrSSIONER 1.

22
23

74.

On

April 4,2018,UCE-7982, CHS-87856, and CHS-87857 met with BOVIS

at the

24

Broadway Grill. This meeting was recorded. BOVIS saidNURU and AIRPORT COMMISSIONER

25

would be joining the meeting. BOVIS explained that AIRPORT COMMISSIONER

26

before they make the decision on airport bids. UCE -7982 and BOVIS talked about whether payment

27

was needed for NURU and./or AIRPORT COMMISSIONER 1. Specifically, CHS-87857 brought up the

28

$5,000 payment for AIRPORT COMMISSIONER 1 that BOVIS said NURU had previously told

AFFIDAVIT
FILED UNDER SEAL

26

I

1

knows the vote

 I

BOVIS to provide. BOVIS asked, "It's alright to all talk, right?" UCE-7982 said yes. BOVIS replied,

2

"I was going to... you don't

J

like to get this done for you..." BOVIS also said, "I've failed twice so I want to get this one."

4

Additionatly, BOVIS said "Moharnmed is real private about that stuff so don't let him know I said

5

anything... He said just give her an envelope.. . and that will be between me and ...you know, better no

6

one knows.

7

some things for

8

an envelope. Based on my training and experience,

9

BOVIS was prepared to make the above-described $5,000 bribe payment to AIRPORT

I'll

need to worry about that.

I'[

I'd

get all that stufftaken care of. I'11 do that...

take care of that and then I'11work out with Mohammed on my side, I'm going to do

him." BOVIS then showed UCE-7982thatBOVIS

had a significant amount of cash

in

I believe BOVIS was showing UCE-7982that

NIIRU, and that when BOVIS was saying he would also "do some

10

COMMISSIONER

11

things for" NLIRU, BOVIS meant he would also provide money or oiher items of value to NURU in

t2

exchange for NURU's

t3

bribe AIRPORT COMMISSIONER 1, provide items of value to NURU in exchange forNURU's

t4

assistance, and ultimately to defraud the public of AIRPORT COMMISSIONER 1's honest services in

15

connection with the airport bid.

t6

75.

1 as instructed by

help. I believe that these statements described BOVIS's

and

NURU's scheme to

At that point NURU arrived, joined them at the table, and started conversing with CHS-

t7

87856 and CHS-87857. At the same time, UCE-7982 asked BOVIS how they should approach the

18

money situation. BOVIS replied,

t9

it's not for, you have to, you can't take something, to do something for her, like for me... [OV] to do it

20

right, to do it properly. Like, I can't accept [OV]." UCE-7982 asked for clarification and BOVIS

2t

responded,

22

said they would see what she says.

23

"I don't think

there is any, um, this would just be the way to do

"It's just how you word it, right?" They acknowledged it was a delicate topic

76.

and

it...

BOVIS

NURU totd BOVIS ,\JCE-7982, CHS-8785 7 andCHS-87856 that the Transbay Transit

24

Center rooftop was still available for development. The group discussed an earlier meeting and tour

25

the Transbay Transit Center. NTIRU mentioned that over 500 buses would go through the transit center.

26

The group also discussed the possibility for a train station in the future, and that there was potential with

27

Salesforce employees at lunchtime. They continued to discuss restaurants

28

was alerted that AIRPORT COMMISSIONER

AFFIDAVIT
FILED LTNDER SEAL

t had arrived.
27

in

San Francisco until

of

NURU

 77.

1

As soon

as

NURU left to meet AIRPORT COMMISSIONER

1,

UCE-7982 and BOVIS

2

returned to the discussion about the $5,000 bribe payment to AIRPORT COMMISSIONER

J

Specifically, BOVIS said AIRPORT COMMISSIONER 1 did not ask for anything, no one asked for

4

anything, but NTIRU recommended they do something for her. He said NURU never asked her for a

5

favor before but she'Il gladly do it as a favor so she may not even take anything. BOVIS told UCE-

6

7982, "Let's ask her direct, what are our odds, can you make srue we get the votes, just without

7

anything." BOVIS continued, "And then I'11 do that on my own, I think is probably the best way, as a

8

thank you, that's all.

9

told me this.as a suggestion. [NURU] won't ever take nothing from me neither, never. I give it but

If

she doesn't accept

l0 tNItIRtIJ never asked for anything,

1.

it, then that's fine. It wasn't asked for though. [NLIRU] had

so that's the whole, he can never ask but

I can offer. That's why I

11

figured I would fLIIl." CHS-87856 asked BOVIS if he thought that would work and BOVIS replied,

12

"After direct tonight, you

13

want some sort of guarantee that we are going to get this one.

14

why,

15

COMMISSIONER

t6

they all vote together." BOVIS said AIRPORT COMMISSIONER 1 previously told him three of the

if

ask her,

she says no problem, but

if, we want to make, we've lost two times

and we

don't want to, we

I'll ask her direct, in front of you. That's

I want you to hear it from her." BOVIS explained that AIRPORT

1 controls the board so

"if

she says yes, and she has three or four of the votes, and

l7 five board members vote together. AIRPORT COMMISSIONER 2

may ask her for a favor and they

18

work together or she may ask AIRPORT COMMISSIONER 2 for a favor and they work together.

t9

BOVIS told the group AIRPORT COMMISSIONER 1 was nice and they could ask her questions.

20

BOVIS had dinner with AIRPORT COMMISSIONER

21

asked her for any favors before so whatever he wants because he does a lot of things for her. AIRpORT

22

COMMISSIONER

23

to the group that AIRPORT COMMISSIONER

24

78.

1

1

previously and she told him NURU has never

told BOVIS she got SFO DIRECTOR his job at the airport and BOVIS explained

t

has been around for a long time and is well connected.

BOVIS also explained that AIRPORT COMMISSIONER 2 and,AIRpORT

25

COMMISSIONER I "always stick together" and AIRPORT COMMISSIONER t had previously told

26

BOVIS that no one asked for the chicken place yet. BOVIS suggested they ask her questions
and added,

27

"but I'm pretry sure we'd get the chicken place. Ask her direct. We don't want to
waste, we don,t want
to do, don't want to do another RFP if we are going to lose to second place
again.,,BOVIS said they

28

AFFIDAVIT
FILED T]NDER SEAL

28

 that they lost money and have lost twice. BOVIS

1

could explain to AIRPORT COMMISSIONER

2

stated that the late mayor promised him and

a

J

may be able to explain why they lost iast time. BOVIS confirmed COMPANY Zwonthe last bid and

4

said COMPANY

5

79.

Z

claimed to have

1

it didn't come through

it "in the bag"

I

so AIRPORT COMMISSIONER

ahead of time.

Shortly thereafter, NURU retumed with AIRPORT COMMISSIONER 1 and they joined

l's presence at the dinner

violated the R.FP rules

6

the table. I believe AIRPORT COMMISSIONER

7

prohibiting contact outside of the public competitive bidding process with members of the Airport

8

Commission regarding the selection process for the lease. AIRPORT COMMISSIONER 1 said they

9

want "good people" at the airport and added, "I've got to figure out what your particulars are to make

in order to work with me." AIRPORT

10

sure they're in place. That's what you have to do, you know,

11

COMMISSIONER

t2

she and AIRPORT COMMISSIONER 2 went through the process but knew they were going to choose

13

SFO DIRECTOR.

l4

80.

1 said she got SFO

DIRECTOR his job. AIRPORT COMMISSIONER 1 also said

CHS-87857 then mentioned to AIRPORT COMMISSIONER 1 the fact that BOVIS,

15

CHS-87857, CHS-87856, and Company X had lost bids for restaurants at SFO to a COMPANY Y

t6

affrliated restaurant, and then to COMPANY Z. AIRPORT COMMISSIONER

t7

swe she has everyone on board and will find out who will be on the selection committee. The group then

18

discussed the fact that Lease #5 in Terminal 1 was due in

t9

she would brief herself on that and "make sure that nobody is already primed for that, ok, so that

20

push them out of the way

2l COMMISSIONER l's
22
23

if I have

to."

I

stated she has to make

May. AIRPORT COMMISSIONER

1 said

I can

Based on my training and experience, I believe AIRPORT

reference to no one being "primed" meant that no other group had been promised

the contract for Lease #5.

81.

CHS-87857 asked AIRPORT COMMISSIONER 1, "How do we get primed?"

24

AIRPORT COMMISSIONER 1 said she would bring SFO DIRECTOR and other people over to

25

BOVIS' restaurant, Spinnerie, on Polk Skeet, so they can "rave about it." AIRpORT COMMISSIONER

26

1 stated that they are

27

they deserve to be in San Francisco, so she will share that with SFO DIRECTOR.

28

COMMISSIONER
AFFIDAVIT
FILED LINDER SEAL

not asking for anything and they have enough complexities and a proven entity so

1 asked what happened and

AIRPORT

BOVIS responded that they "lost to [COMpANy
29

yl

,

the

 1

first time and it was ICOMPANY A] came in and... [OV]" AIRPORT COMMISSIONER

2

"Ok, because [AIRPORT COMMISSIONER 3] is very tied in to [COMPANY Y] so that's probably

J

what happened but I didn't know that because I probably could have talked to [AIRPORT

4

COMMISSIONER 3] and we could have worked out a deal." CHS-87857 responded, "Really?"

5

AIRPORT COMMISSIONER 1 continued, "He and um, the guy who has [COMPANY Y],

\6

1 replied,

IINDIVIDU AL 2], are like this, they do everything together." CHS-87857 said, "Then they cooked it
7

outside before it came out." AIRPORT COMMISSIONER 1 responded, "Oh, they cooked it outside.

8

know they did."

9

82.

I

NURU later said "Let's make sure we work this correctly... after June things will get

10

yery qazy... we need to lock this in." AIRPORT COMMISSIONER 1 explained to the group she wants

11

SFO DIRECTOR to be fair since Company X thought they would win the last bid and she is "not really

12

asking for anything that is not right." AIRPORT COMMISSIONER 1 continued by citing "the fact that

13

Mohammed is asking me" and noted that "he never asks me for anything." Based on my training and

t4

experience, AIRPORT COMMISSIONER 1's reference to "the fact that Mohammed is asking me"

15

indicates NURU had already discussed guaranteeing the concession lease with AIRPORT

t6 COMMISSIONER I prior to the meeting.
T7

18

83.

There was also discussion about whether AIRPORT COMMISSIONER

to arange to extend the bid deadline in order to give Company X more time. AIRPORT

t9 COMMISSIONER
20

1 stated,

"Stuffcan always be pulled from the calendar. You'd rather me pull from

the calendar than for them make the wrong decision." UCE-7982 asked if that was a possibility.

2l AIRPORT COMMISSIONER i
22

it... if I findthat..."

Z)

AIRPORT COMMISSIONER

24

I might be able

84.

responded,

"It could

be pulled from the calendar

if there's an issue with

BOVIS intemrpted and said: "Thatthe votes aren't goingtheright way?"
1 responded:

"oh ... you got to pull it, because we got to fix it."

AIRPORT COMMISSIONER 1 said, "I'm going to go back through and look at where

up.... I'm going to make

25

we are and what is ready to come

26

to do.... I want to make sure somebody hasn't been promised something, I want to make sure, I might

27

have to threaten them. No really, I don't like the fact that he [pointing towards BOVIS] lost before...

28

you shouldn't be spending any money, no, really, seriously, that's not even necessary... it,s got
to get
AFFIDAVIT
FILED LINDER SEAL

30

sure nothing is in place, that's what

I've got

 1

I

approved." AIRPORT COMMISSIONER 1 said, "I think I got [SFO DIRECTOR] where I want him."

I

2

INURU then said, "Yeah, [AIRPORT COMMISSIONER 1], we're gonna make this happen for them."

J

AIRPORT COMMISSIONER I responded, "Oh, we got to." Based on my training and experience, and

4

based on previous conversations

5

believe when AIRPORT COMMISSIONER 1 said she thought she had [SFO DIRECTOR] where she

6

wanted him, AIRPORT COMMISSIONER 1 meant she believed SFO DIRECTOR would support the

7

bid by BOVIS, CHS-87857, CHS-87856, and Company X for Lease #5 at SFO.

85.

8

involving AIRPORT COMMISSIONER

1,

NIJRU, and BOVIS, I

Later during the same meeting, CHS-87856 discreetly brought up with NURU the idea

of

9

paying $5,000 to AIRPORT COMMISSIONER 1. CHS-87856 said, "Hey Mohammed, [UI] we have

10

the $5,000 for you said [UI] so that's a start." NURU responded, "Oh, no, no, no, no, no, [UI]." CHS-

11

87856's response could not be heard but NURU stated, "Yeah, I'11 call you tomorrow... I want to make

T2

sure

13

make it happen for both of us." NIIRU said, "Ok... ok, we're good. [UI]" CHS-87856 stated, "Man, you

t4

make me carry $5,000 in my pocket for nothing. [U[]" NTIRU said, "Man, I did you a favor [OV].. . I

15

know, I know, but that's ok. That's ok. I'11have Nick put it in the safe for you." CHS-87856 asked,

[UI]." CHS-87856

t6 "Really?" NURU

said, "We want to make sure that we sit down and discuss how we are going to

said, "Have Nick put

it in the

safe

for you. He can do that." CHS-87856 said, "Yeah?"

t7 NLIRU responded, "Yeah, he can. Yeah, that way you don't feel like you're, you're, I know how that
18

feels so..." and the two laughed. CHS-87856 said, "So we'll talk next time then?" and NTIRU replied,

I9

"Yeah, yeah, we're good." CHS-87856 said, "Yeah?" and NURU replied, "No, we're good. Yeah. Let

20

[AIRPORT COMMISSIONER

2l

87856 through facial expressions and body language that CHS-87856 should discontinue that aspect

22

the conversation. AIRPORT COMMISSIONER 1 may have noticed the conversation as she stated,

23

"You don't need to do anything. I mean, please. This is what we're supposed to do... I'm only doing

24

what I'm supposed to do, so I don't have an issue, you don't even need to feed me, this is what I'm

25

supposed to do... this is exactly what

26

commission for a long time. This is insane."

27
28

86.

l]

get, let's get on with everything else." BOVIS then indicated to CHS-

I'm

supposed to do. And

I'm getting old, I've

of

been on that

Toward the end of the meeting, CHS-87856, CHS-87857, anducB-79821eft, so UCE-

7982 could get them to the airport. AIRPORT COMMISSIONER 1, NURU, and BOVIS remained
AFFIDAVIT
FILED UNDER SEAL

31

 1

behind at the restaurant. As CHS-87856 departed, CHS-87856 told AIRPORT COMMISSIONER

2

how they hoped she could help them. AIRPORT COMMISSIONER 1 replied, "Oh, I'm going to do

J

everything I can." AIRPORT COMMISSIONER 1 and BOVIS then exchanged contact information.

4

AIRPORT COMMISSIONER 1 did not say her number aloud as BOVIS noticed that he already had her

5

phone number in his phone. UCE-7982 asked NURU

6

Transit Center and NURU responded, "Oh, yes. You just tell me what's up. The way I want... just go

7

through, if you feel like there is a hurdle or something then you tell me and then

87.

8

9

April 4,2078,

On

1

if they could contact him regarding the Transbay

I'll

turblock it."

at approximately 9:01 p.m., CHS-87857 made a recorded call to

BOVIS. CHS-87857 thanked BOVIS for the meeting and BOVIS asked CHS-87857 to put infonnation

10

together for AIRPORT COMMISSIONER 1 including background on the last two failed bids and details

11

regarding the place they were interested in. CHS-87857 agreed, and asked if he could provide UCE-

t2

7

982

withBOVIS' telephone number. BOVIS agreed.

(h)

13

t4

88.

BOYIS Meets with UCE-7982 onApril5,2018.

Later on April4, 2018, at approximately 9:57 p.m., UCE-7982 sent a text message to

15

BOVIS. The message

t6

you tonight but i had to get them to the airport. Are you available to meet for coffee in the morning to

17

continue our discussion?"

18

89.

At

stated the

following: "Hey Nick. This is [UCE-7982]. Sorry we had to run out on

10:06 p.m., BOVIS called UCE-7982. That call was recorded. UCE-7982 and BOVIS

t9

discussed meeting the following moming in order to continue the discussion from earlier that evening at

20

the restaurant. BOVIS explained briefly that he had hopes of expanding his chicken restawant known as

2T

"The Spinnerie" and hoped to talk to UCE-7982 about it the following moming. BOVIS stated that he

22

would call UCE-7982 at approximately 8:30 a.m. the following morning.

23

90.

April 5,2078,

On

at approximately 7:57 a.m., BOVIS agah called UCE-7982. UCE-

24

7982 did not answer the call, but placed a return phone call to BOVIS at approximately 8: 14 a.m.,which

25

BOVIS did not answer. BOVIS sent UCE-7982 atext message at 8:15 a.m., which stated, "I will call

26

you back in ten minutes".

27
28

91.

On

April 5,2018, at approximately 8:06 a.m., CHS-87857 made a recorded call to

BOVIS. BOVIS told CHS-87857 he would take care of everything so it "doesn't get any strange, you
AFFIDAVIT
FILED UNDER SEAL

32

 1

know, for them." He added, "I'll take care of all that with the people." BOVIS said AIRPORT

2

COMMISSIONER

J

92.

1

would start working their project after they provide her with infonnation.

Shortly after, at approximately 8:18 a.m., BOVIS called UCE-7982. The call was

4

recorded. During the call, BOVIS explained to IJCE-7982 fhatthere was no longer any need to pay

5

$5,000 to NIIRU and/or AIRPORT COMMISSIONER

6

previous night. BOVIS stated that after dirurer, he had a discussion with NURU and AIRPORT

7

COMMISSIONER

8

brought with him to dinner. BOVIS stated that AIRPORT COMMISSIONER 1 did not want the money

9

and was going to award the contract of Lease #5 at the SFO airport to BOVIS, CHS-87856, CHS-87857,

1 and offered

i,

as had been discussed over dinner the

AIRPORT COMMISSIONER I the $5,000 cash payment he had

it was the right thing to do. BOVIS apologized for bringing up the subject of

10

and team, simply because

11

the $5,000 payment and again said it was not necessary. UCE-7982 asked BOVIS if he still wanted to

l2

meet for coffee that morning. BOVIS stated he didn't know of a reason to meet unless there was

13

anything else UCE-7982 wanted to discuss. UCE-7982 explained that s/he wanted to explain to BOVIS

t4

how slhe had come to meet CHS-87856 and CHS-87857 and do business with them, and some of the

15

services that UCE-7982 might be able to offer

t6 conversation. BOVIS
17

BOVIS. BOVIS indicated that he would like to have that

and UCE-7982 agreedto meet

for coffee at a Starbucks restaurant located in

Burlingame, California, at approximately l0:45 a.m. that morning.

93.

18

UCE-7982, BOVIS, and BOVIS' wife, then met at the Starbucks in Burlingame,

t9 Califonria. That meeting

was recorded. UCE-7982 explained their business and relationship with the

20

CHSs. BOVIS stated, "San Francisco is very careful and it's not pay-to-play, you have to know people

2t

and do

22

here

23

very good people and [LII] and as long as you work together but they don't expect, a lot of these people

24

have a lot of money and

stuff. They just need to know that you are a good person to work with and you

25

are not going to let them

down... That's mainly, like, we have all the criteria, we have the San Francisco

26

brands, we have everything for them, it's just a matter of them, getting in front of the

27

explained that AIRPORT COMMISSIONER

28

a good person. He continued, "They do like, there is things

it correctly." When UCE-7982 mentioned that everyone was different, BOVIS replied, "Out

it's about relationships and friends and stuff.

AFFIDAVIT
FILED UNDER SEAL

I

So

I've known people for

a long time and they are

vote." BOVIS

is fine with money and does not need anything and she is

JJ

I can do, like

the restaurant, I can use

it to

 1

entertain for them and do stuff. That way it is not a direct conflict or anything. They just have to be

2

careful of doing anything that is not right. Their jobs are more important than us." UCE-7982

J

acknowledged BOVIS' concerns and that every situation and every person is different in how they need

4

to be helped. BOVIS reiterated AIRPORT COMMISSIONER 1's position and stated, "I didn't mean to

5

say that about the money.

6

she

7

guess, so,

8

below them are doing all this hanky-panky stuff. See, if she was involved in the begiruring, she would

9

have pulled

was

just, giving them an example, I would just, she said no, that's not what

wanted. She feels the mayor died, he wanted this done, the last one, and they didn't listen to him. I

it's funny, when you have a position like that and you ask for a favor, sometimes the guys

it and she says

10

I've been through

11

I'11 handle that but

t2

I

94.

a

she would have gone back and got the

votes. I'm not

a novice in the area

but

lot of votes and lost a few. So now I know if you want to win, you have to prepare.

if you're backing [CHS-87857] with whatever, the airport financing thing..."

This statement by BOVIS was a deparhre from what BOVIS had previously said about

13

giving $5,000 to NURU, per NTIRU's instruction, in the recorded conversation with CHS-87857 on

t4

March 21,2078. It also stands in contrast to the Aprii 4, 2018, meeting when BOVIS brought a

15

significant amount of cash in an envelope and said NURU told him to "just give heran envelope... and

16

that will be between me and ...you know, better no one knows." Finally, this statement conflicts with

t7

another statement BOVIS made to CHS-87857 and CHS-87856 on January 24,2018 that NURU

18

"knows how to cover his back on all this stuffso it's not a conflict or nothing."

t9

95.

Based on my haining and experience, I believe the change in what BOVIS was saying to

20

UCE 7982 was likely precipitated by conversation(s) between BOVIS and others, most likely NURU

2t

and/or AIRPORT COMMISSIONER 1, regarding suspicions about IJCE-7982. As discussed below,

22

this belief appears to be confirmed by subsequent recorded conversations between BOVIS and CHS-

23

87857, and an associate of BOVIS's (INDIVIDUAL 3) and CHS-87857, in which BOVIS and

24

INDTVIDUAL 3 each questioned CHS-87857 about UCE-7982's background. It is possible that

25

NURU, AIRPORT COMMISSIONER 1, and BOVIS discussed those suspicions when they remained

26

behind after CHS-87857, CHS-87856, and UCE-7982left.the restaurant on

27

Toli records also show severai calls between BOVIS and INDIVIDUAL 3 on April 5,2018 after the

28

meetingwithNURUandAIRPORTCOMMISSIONER I andaftertheApril 5,2018 Starbucksmeeting
AFFIDAVIT
FILED T]NDER SEAL

34

April4 to go to the airport.

 1

with UCE-7982 and BOVIS.

96.

2

During the April 5,2018 meeting, BOVIS also told UCE-7982 that he has known NURU

time and NTIRU "comes tlrough." When asked about the cash they intended to pay the

J

for

4

previous night, BOVIS said NURU did not want anything. BOVIS stated the goal was to get into the

5

airport. BOVIS said if AIRPORT COMMSSIONER 1 said it was still open, "that's all we need to

6

know." If someone were ahead of them, they would have to wait for another location. Regarding the

7

money, BOVIS said,

8

because they

9

construct payments and BOVIS responded, "That was my mistake. I'm sorry about that. That was sort

a long

"I don't want to do anything until we get this deal...

then that again would be me

don't feel comfortable doing anything with you." UcB-799zlisted multiple ways to

of

10

my mistake to say that to [CHS-87857] because I shouldn't have... that's what I thought would ... I was

11

just going to do a little thank you thing. It wasn't a, like a..." BOVIS did not complete his sentence.

t2

97.

BOVIS said that

as far as his relationship

with them was concerned, hopefully he could

13

get the deal through that. Later on they can deal directly with them but it takes a while to get to know

14

people. BOVIS reiterated "it had to be a relationship kind of thing and someone can't just come in from

15

the outside." UCE-7982 acknowledged BOVIS' statement but said spending money to guarantee a

t6

proposal is "smart business." BOVIS replied, "You're absolutely right but I want to see it to make sure

t7

there is a smooth path ahead of us. Not that there is already someone else, Iike last time, and they are

18

powerful. I don't want to fight that."

t9

98.

UCE-7982 said another concem is "a lot of times, the thank yous, they want on the back-

20

end and sometimes that is a percentage, like a two percent fee, or what have you, right. And so, you

2t

know, we'd like to try to know that upfront in order to budget that in because at some point the money

22

kind of slides and it doesn't work." BOVIS stated, "I told [CHS-87857], normally it was a three percent

23

licensing fee, so I said this one will be a four, that's all. . . and then that would take care of all that. So I

24

would handle all, everything." UCE-7982 clarified, "Ok, so you'lIbe handling everything out of the

25

back-end of your fee." BOVIS stated, "Yeah, that way we don't have to worry about
[UI]. But we have

26

to get this job done. So, that's the most important. I think that normally licensing fees range from

27

anywhere from, like, two to eight percent... so we're right in the range so we wouldn't be outside,

28

wouldn't [UI] your bottom line for anything." UCE-7982 said s/]re wrote
AFFIDAVIT
FILED LINDER SEAL

35

a pro forma

it

for Company X

 in accounting. BOVIS said, "So with the three million dollar ayear

1

and that their background is

2

whatever, what is it, a thousand tUI] 1300 square feet?" UCE-7982 responded, "It's somewhere in that

J

range,

4

million dollars or around there at the airport because you have union contracts... you have, you know,

5

because your price point is high so everything goes up.. .

6

Francisco." UCE-7982 agreed, "Sure, yeah, and most of the costs are on a sliding scale as the revenue

7

goes up."

8

not a big number. When we are talking 10, 13 million dollar ones, then it's, that makes me happier, but

9

I'm going to provide, I have the, I'm going to send you my package for the concept

I forget exactly without looking

BOVIS said,

"pI]

at the

[UI]." BOVIS said,

"So it has to perform above three

it's a lot more expensive here in San

so in that range you're talking about a whole btrnch of licensing fees,

and I have a plan

10

there [LII] that one too... that's on the outside,

11

licensing agreement in the airport, so that helps me too... I'm open to other... I'm flexible."

12
13

99.

[tII] airport. It would

it's

be perfect for us to show we have a

UCE-7982 said, "Ok, so the fee on the back-end, it's making a little bit more sense to me

now because, you know, honestly, I thought, if all they are asking for is $5,000, that doesn't really make

l4 any sense, right?" BOVIS replied, "That was just me, to take care of things, like, when dinner tUU... I
15

don't need that, I can get it." UCE-7982 stated, "The percentage fee on the back-end makes sense, that

t6 that's what they

are looking for. And that is where

I can offer companies..." BOVIS offered to find out

I7

more and UCE-7982 said he "didn't want to go into it blindly thinking that there wasn't any of that and

18

then get hit with that on the back-end, you know." BOVIS responded, "No. I just told [CHS-87857]

19

upfront before it was four, instead of three percent of the... it's not much but it's enough to take care of

20

all that... so... and I would have to take, do that myself." UCE-7982 asked, "Is that already arranged

2t

between you and, is that through, Mohammed?" BOVIS confirmed, "Yeah, yeah... that way everybody

22

is separated, you know." UCE-7982 sud, "Well so, you know, where that becomes important is going

23

down the road. If we

24

intemrpted, "So I don't have to act like a lobbyist." UCE-7982said it was important so slhe knows what

25

the expectations are.

26

100'

pI]

them here, you know, I need to kind of be able to factor that

in." BOVIS

Based on my training and experience, I believe BOVIS was saying he was going to

27

charge a4Yolicensing fee instead of tris usual 3% fee, that this would not raise any red flags because

28

licensing fees typically range fromT%oto yYo, and that he would pay AIRPORT COMMISSIONER
I
AFFIDAVIT
FILED UNDER SEAL

36

 (and potentially NURI-I), with the payment being provided though NTIRU out of his extra licensing fee

1

2

lpercentage

in exchange for help with securing the lease. Moreover, in my training and experience, when

I

3

BOVIS said he would not have to "act like

4

advocating for the lease but could rest assured that it was guaranteed.

101.

5

a

lobbyist," I believe he meant he would not have to continue

BOVIS and UCE-7982 also discussed the Transbay Transit Center. BOVIS offered to

itthrough" and instructed UCE-7982to "make it like it's legitimate in whatever

6

assist UCE-7982 to "get

7

way you can do

8

more complicated. That one, he runs it, he's on the board and everything."

102.

9

it."

BOVIS added, "Mohammed said he would, that one is not

a favor, the

airport is

Based on my training and experience, I believe BOVIS intended this to mean that NURU

10

has more direct control over contracts at the Transbay Transit Center and can more easily award

11

concession contracts to whomever he wishes.

103.

l2

UCE-1982 said s/he would be surprised if "to get to the top deck there wasn't something

13

on the back-end of that" and BOVIS said he would find out. UCE-7982 asked if BOVIS would be

l4

interested in putting one of his brands there and BOVIS said, "Yeah, yefr, and if there is some other

15

brand that would work better,

t6

UCE-7982 said he understood, but BOVIS has "all the connections here" and BOVIS replied, "I'm not a

17

lobbyist. Where I need to make

18

is my main focus."

104.

t9
20

I'm ok too, I'm not, you know, here to... I have my other businesses."

pll

connections [UI] I want to work with them in the airport..

BOVIS offered to contact AIRPORT COMMISSIONER

87857 know the status of the airport lease. BOVIS said,

2l don't

need any help with

"I would

..

That

1 and let UCE-7982 or CHS-

never not do

it right, I just want, I

that. I should not have said anything about that. I'll take care of that side,

it makes her more comfortable." BOVIS said, "I can't guarantee anything

I'll

22

be the,

23

thought it was in the bag and it wasn't." TJCE-7982 asked if people were taken care of ahead of time,

24

and

25

always necessary. It's a surprise when it's not, put it that way." BOVIS said,

26

I don't like to promise something I can't do, so,I can't, like,I don't,
IAIRPORT COMMISSIONER

27

is not my good best friend. Mohammed I know well so I have to make sure
[AIRpORT

because last time

I

BovIS replied, "No, but it wasn't necessary. It was just rike a. ..- IJCE-7gg2 added.,..It,s almost

28) CoMMISSIONER 1] [n] this is the closest I've
AFFIDAVIT
FILED UNDER SEAL

"[U!

was based on results.
1]

come to the airport, now, with her, so that,s the closest

5t

 1

I can get. I mean, the mayor is farther away from, the airport was like Siberia to, the, you know." UCE-

2

7982 said,he imagines the mayor may have pull at the Transbay Transit Center. BOVIS replied, "Oh,

J

definitely. Moharnmed is in control of it, so that's a different story... that's 4 he tells you do this, do

4

that, it's done, deal. He's not going to not come through for that... that's an easy one. But the airport is,

5

the new person, and I have to know, I just need to know from her

6

know, and you forget when you're older. I don't want to promise you guys, 'Hey, I got the deal done' so

7

I need to be, hear from her that there is nobody in the way, let's do it, and I'11 feel real comfortable with

8

that."

9

105.

pI]. I'm worried she's older, you

BOVIS' wife added, "I think what happened in the past was Nick feels like 'I don't want

10

to promise anything that I don't know what is going to happen.' Like the last two, he thought for sure,

11

again the mayor and nothing happened. But they didn't want anything from him. They didn't want

t2

anything to secure it. And they're saying, and I get what you're saying, if you have some security at the

13

beginning, then you feel like it's going to go through. He can't promise that because already two times

t4

did not go through. And now this time there is a difference."

15

t6

106.

it

BOVIS stated, "Last time I put up money for a campaign, I did it through some site, it

was..." BOVIS' wife added, "and it didn't work but you didn't know that the mayor. .." BOVIS said, "I

t7 put up the money upfront... I put up 15 last time." BOVIS' wife said, "... they said for sure. I remember
18
19

him saying it's

107.

a sure

thing. Don't worry, don't worry."

BOVIS' wife added, "this time like Mohammed said, 'Why didn't you talk to me? What

20

did you go to the mayor for? You should have been talking to me.' Mohammed told him, 'He didn,t

21

know, he is [UI] mayor.' So there's, now, so this one, I would think, I would be shocked if it doesn,t go

22

through to be honest with you. There is no way this isn't going to happen this time. [f it doesn,t I,d be,

23

because it's

24

know..." BOVIS frnished, "Yeah, he's involved directly." Based on my training and experience, I

25

believe BOVIS and BOVIS' wife meant that NURU has more ability to get contracts pushed
through the

26

airport via his connection vrith AIRPORT COMMISSIONER I than BOVIS could
in the past solely

27

through BOVIS's connection with the late mayor.

28)

just been too many times and this is the third one and now Mohammed is going to, you

108' BovIS
AFFIDAVIT
FILED UNDER SEAL

told UCE-7982, "This is just regular business and we'll find
out about the airport.
38

 1

As far as the transit one,I'11 ask him what is required for that but it's very, it's not a big deal." UCE-

2

7982 sar,d, "So, I mean, I can't imagine that you'd be looking for a percentage on this, right? At the

J

airport? But not anything like Transit Center? Like, that's a bigger, kind

4

BOVIS said he would "find out but I don't think, yeah, can do a one-time thing. But I can handle that,

5

like,

6

want to do anything wrong or anything." UCE-7982 explained that sometimes people look for an equity

7

stake and gave examples and BOVIS asked

8

UCE-7982 confirmed. BOVIS replied, "I want to do everything right so let's, I've never done [UI] or

9

straightforward, like, business." UCE-7982 explained, "So they're not really offering anything, it just,

I'11 be the

lobbyist... I don't know if I need to get

if

a

ol

more complicated [UI]."

lobbyist license or anything... whatever. I don't

s/he knew "how to make that work all properly,

right?"

10

you know, when it all comes out on paper, you know, it legitimizes everything on paper, you know what

11

I mean? It takes the stink out of

12

is, I have another company we can buy a couple shares or something..." UCE-7982 expluned that

13

companies could be created to send, for example, consulting invoices, which can then be paid through

I4

the norrnal course of business. BOVIS commented, "So you're saying you can help us set up legitimate

15

ones, that way of doing

t6

109.

it."

BOVIS replied, "Yeah, no, we don't want to do that. I'11 see if there

it." UCE-7982 sud yes and BOVIS replied, "Yeah, that would be better."

UcE-TgS}described that the $5,000 payment could be hidden as an entertainment

l7

expense. BOVIS apologized again for telling CHS-87857 to bring S5,000. UCE-7982 thought the trip to

18

the city where Company X is based may have been a helpful thing to do and BOVIS explained he

I9 thought of the idea so AIRPORT COMMSSIONER

1 could see Company

X's operations. BOVIS said

20

he wanted "to keep everything clean as possible, you know, because

21

anybody to get in trouble for anything that is not right. So we always .. .

')')

correctly, like, if you know how to do a thing where it's not a, whatever you want to call it, service.,,

23

BOVIS continued, "But, see, we just met right now so I don't want to get, start talking about things that,

24

I'm going to take money tUI]. . so I have to make

25

so, yeah, I

sure that

I'm, and you too, we don't want

if you know how to do it

I don't get in trouble or do anything wrong,

just want to get this thing in the airport." IJCE-7982 acknowledged
his statement and said

261 those were the services that could be offered. BOVIS' wife referred to this as ,,creative
accounting.',
27

Based on my training and experience, BOVIS, his wife, and UCE-7982were
referring to the need to

28

cover up the payments by creating a fake consulting agreement,
or a fake purchase of stock, in order to
AFFIDAVIT
39

FILED UNDER SEAL

 1

avoid detection by law enforcement.

110.

2

BOVIS said, "Just give me a little while for me to feel more comfortable and then we can

J

do whatever we want to do. Just takes, I just need to be careful not to make any mistakes.

4

promise anything I can't deliver... I just want to get this one thing here done, whether I lose a little

5

something something it's not important but I want to produce this one and from there we can build a

6

relationship..." BOVIS continued, "As far

7

have to make money during the deals but

8

if I can

9

my goal, I wanted [CHS-87857] to get involved with them, get to know all of them and stufi that way

as helping you guys,

I don't want to

I like to intoduce you to people, I don't

I'd like to get this one, my brand, in the airport. Then after that

connect you to people who can help you at the airport,

I'd rather do that too...

So that would be

too..." UCE-7982 said

10

he has, because you are going to be doing other stuffat the airport

11

grateful BOVIS organized the meetings. BOVIS said, "To be honest with you, Mohammed does favors

l2 for people all the time and gets nothing out of it, so it's
11

13

1.

s/he was

not tulcommon."

BOVIS said he would make sure AIRPORT COMMISSIONER t has a "green light" and

"I'll

it." UCE-7982 asked BOVIS if "that" was

l4

then he

15

going to NI-IRU, AIRPORT COMMISSIONER 1, or split, and BOVIS replied, "I'd rather just deal with

16

Mohammed, he's my friend." BOVIS requested UCE-7982's help to design a consulting structure and

17

said he would check with NLIRU to see

18

has, he's never, he said no one ever, he doesn't take money, but sometimes we can do

19

something, yeah, maybe like a nonprofit or something... I can ask him. I've got to be real careful about

20

that kind of stuff because of the position he is in." UCE-7982 said, "A donation to a charitable cause is a

2t

pretfy easy expense to put on the books, you can pay [UI]. If he's looking for.that one percent fee, was it

22

one percent he was looking for, right? Is that the bump from three to four?" BOVIS confrmed. UCE-

23

7982 conttnued, "So if that's where it gets a little more complicated, if it's going direct to someone,

24

sometimes it has to do one of these, you know, to get to somebody, so construct that 'creative

25

accounting,' ight? But if he wants it to go to a charitable cause, that's pretfy easy to do. But you know,

26

that usually doesn't get to him, you know." BOVIS said he would find out what NI-IRU wants and

27

matters to him. BOVIS stated,

28

would handle anything I need to do with him, you know, that was the simplest way. But if
we are going

will feel comfortable

AFFIDAVIT
FILED UNDER SEAL

and said,

"I

if

handle that part of

he has an existing company, adding, "he is very cautious, he

it to

if it

came up with the idea of this whole four percent thing for me and

40

or

a cause,

I

 1

I

to do something in the future with others, then I don't know if he can do that or not, it might not even..."

2

Based on my training and experience, I believe BOVIS was explaining that the easiest idea would be to

J

just pay NURU directly out of BOVIS' licensing fee, for NURU to give to AIRPORT

4

COMMISSIONER

5

payments through NURU for others.

6

112.

1,

but in the future, he was not sure if that a:rangement would work for channeling

UCE-7982 explained that if the payments were discovered, it could cause trouble for all

7

involved, including BOVIS, NIJRU, AIRPORT COMMISSIONER 1, CHS-87857, CHS-87856, UCE-

8

7982, and UCE-7982's lender. BOVIS said he needs to know more about UCE-7982 and

9

comfortable letting UCE-7982 handle that. UCE-7982 explained that being straightforward is easier than

10

speaking in riddles. BOVIS replied, "Well, in my brain, what

11

something?"

t2
13

113.

BOVIS then said, "my friend was looking

UII

will feel more

if this is some sort of FBI sting or

companies [Ln] and they can talk direct."

BOVIS reiterated he does not want to "do it wrong" and NTIRU does not want pro,blems. BOVIS shares

l4 his relationships "always

do

it for favors, I never do it for profit or anything,

so that way

I'll

never be in

15

trouble... but the other thing is that, it concerns my brand and stuff, and I want to do everything right.

16

But to be honest with you, like the airport deal, it's not really a pay-to-play thing because it's, she, we

t7

have brands that, like

18

Dust in the Lefty O'Doul's, this are famous instifutions that deserve to be in there, just like the other

19

ones. The other ones got in there however they got in there, you know, that aren't that. There are other

20

ones that are, like the Buena Vista is a legitimate historical thing

2t

other brands that aren't really San Francisco brands in the airport, so, however the professionals do it,

22

like, your, another brand comes in and they hire the people to go smooth the way, however it's done, I,ll

23

follow those guidelines, fine.

24

114.

I was telling you before, I have

So

if this is standard

a legacy bar,

I have the old, historical... the Gold

in San Francisco. Then you see some

business practice, that's flne.,,

BOVIS told UCE-7982thathe now understood things more clearly and ,,it was

25

uncomfortable for me to talk anything that's not, like,
tUI] with someone I don,t know because I don,t

26

want to get in any trouble or do anything... I'd like to do everything right
so if you,re familiar with the

27

way those things work, I'm glad to work with you." BOVIS apologized
again for mentioning the $5,000
and said he told cHS-87857, "I was going to do that myself you
know, and she didn,t even accept it

28

AFFIDAVIT
FILED LTNDER SEAL

41

 I

 
I

2

I

pI] she ended up calling me back and to be honest with you, believe it or not, some
neonle do stuff pll because they think it's the right thing to do too, you know? I know that sounds a
*y*uy...

no, she

I

) I tittte far-fetched

but it is true... I've done things, I really have a lot of time and money to helping the

I

4

Chinese hospitals for the city and these people do believe in community, you know? In the business

5

world you don't really believe in that." BOVIS continued, "I just wanted to be careful how I presented it

6

because

7

know, benefit for that, that's ok. It's just how you word it."

115.

8

9
10

if you say you

are going to do this for that, you're in the danger zone. But

if I say this for, you

ln my training and experience, I believe BOVIS was telling UCE-7982 that they needed

to be careful with their language in order to retain

a

plausible basis to deny that their payments were

made in exchange for offrcial acts.

116.

11

April 6,2018,

On

at approximately 3:39 p.m., CHS-87851made a recorded call to

t2 BOVIS. BOVIS told CHS-87857 thathe

spoke with NURU and others and they want to do the project

13

for them and there is nothing involved where they need to help. BOVIS thought UCE-7982 was

l4

aggressive with money and BOVIS stated

15

fault for mentioning the money and it was his ide4 not something NLIRU needed, and BOVIS wanted to

t6 "make

sure

it was not necessary

at that level.

BOVIS stated it was his

I don't get anyone in trouble or something." BOVIS said, "They don't need any, you know,

t7 money up front or anything like that. I thought that would help but it's not necessary." BOVIS said it
t8

was a mistake he mentioned the money idea and that he should have never said that "because it gets a

t9 little weird"

and they "have really big positions." BOVIS added, "You know, I take them out to dinner

stufflike that, that's all. You know, normai business stuffis fine. They like that." The

20

and do

2t

conversation concluded with BOVIS asking CHS-87857 questions about UCE-7982 and explaining his

22

concerns. This conversation stands in contrast to BOVIS's statements to UCE-7982 about providing a

23

palmtent to NURU on the "back end" that would be deducted from his licensing fee. In my training
and

24

experience, I believe BOVIS had become worried CHS-87857 and UCE-7982 might be working
with

25

law enforcement, and wanted to cover his tracks by claiming no payment would be made.

(iii)

26
27
28

117.

On

BOVIS Distances Himself From UCE-79g2

April 10,2018, at approximately lO:32 a.m., CHS-

INDIVIDUAL 3' INDIVIDUAL 3 stated
AFFIDAVIT
FILED UNDER SEAL

87857 made a recorded call to

he had been speaking with BOVIS and would like some
42

 I

background onlJCE-7982. INDIVIDUAL 3 mentioned that the source of the money is always a concem

2

because he wants to make sure

J

about UCE-7982 because UCE-7982's holding company is very new and was forrned as of this year,

4

and CHS-87857 saidthey had worked with UCE-7982 for about

5

ask UCE-7982 questions,

6

have worked with you last year, and as we are going forward here, I want to make sure, you know, this

7

is a new person that was inte{ected. And Nick was having some hard time trying to explain who he is,

8

what he is, what his role was. But I understand very clearly the private equity issue. I understand the

9

funding issue from the banks very clearly. I just want to get, kind of, a gnp on pCE-79821 here and his

it's clean money. INDIVIDUAL 3 also stated that he was concemed

"[b]ut I was just concerned

because

ayear.INDtVIDUAI 3 said he would

I want to make swe that, you know, we

10

company..." INDfVIDUAL 3 said he would call UCE-7982but he wanted to speak with CHS-87857

11

first.

118.

l2

INDIVIDUAL

3 summarizedfhe information CHS-87857 provided regarding UCE-

13

7982. CHS-87857 asked if there was a problem and INDIVIDUAL 3 said they were checking because

14

they looked into UCE-7982's inforrnation and couldn't find anything. For example, his company was

15

filed this year, the company was brand new (which would make sense if it was a private family) his

r6

telephone number was cell phone only, there was no office number or office number on the website, and

t7

his website was brand new.

119.

18

INDIVIDUAL

3 stated,

INDIVIDUAI

"ft's kinda like an invisible person and I wanted to know

a

little

t9

more about him."

20

"greatest.suspicion is that his telephone number is a pre-paid cellphone number with a billing address in

2t

[out-of-state city] to an apartment complex with no apartrnent number... so that means no bill is mailed,

22

he

23

biggest concem." INDIVIDUAL 3 said BOVIS was nervous and asked, "'Who is this guy?,, Based on

24

my haining and experience, I believe INDIVIDUAL 3 was concerned that UCE-7982 was not who s/he

25

claimed to be, and was concerned that UCE-7982 mightbe working for law enforcement.

26
27

3 again refened toUCE-7982 as an invisible man and said his

just reloads the phone with a private, reloads the phone when he needs to have service. And that's
my

r20.

INDTVIDUAL 3 continued with his concems and told CHS-87857 they had a private

investigator look into UCE-7982. INDIVIDUAL 3 will speak with UCE- 7982

withBovls

and wants

28t "to be sure of what we got coming in, and that it's all, you know, legitimate, and, you
know, done above
AFFIDAVIT
FILED LINDER SEAL

43

 1

lboard, and legally and all that stuff. So, that, um, which is my focus." INDIVIDUAL 3 said BOVIS

IINDIVIDUAL 3], I met thir goy and I ran out the company,

it doesn't

2

came to him and said "Hey

J

seem to be there." BOVIS wanted to know a

4

intense. Per

5

more comfortable with him." INDIVIDUAL 3 said he would call UCE-7982 and ask him about his

6

business, which he did on

INDIVIDUAL

l2l.

7

little more about him because he was a bit pushy and

3, BOVIS said to himself,

April

and

"H.y, what

is this?

I

need to know more and be

13, 2018.

On April I 8, 2018, at approximately I :00 p.m., CHS-87857 made a recorded call to a

8

conference call line with BOVIS and INDTVIDUAL 3 already on the line. CHS-87857 asked for an

9

update and BOVIS said AIRPORT COMMISSIONER

10

t

has not called back and said they ran out

of

time. Also, UCE-7gLZwas conceming them.

122.

11

BOVIS stated, "In order to do this airport thing, you have to show the finances, and he's

l2

as a broker, whatever he's doing, he's not even a legitimate business. He has no, he's a, he's a ghost.

13

There's no, he just has a recently new number, a new domain name, a new email. Just created in March.

l4

So

15

frnance." CHS-87857 explained he was not concerned about the finances and bidding process.

t6

it's

sort of hard to, we're going to waste our time

123.

if we

go before the airport with him as our

BOVIS replied, "This IUCE-79821 guy got me nervous, the way he was doing this. I just

T7

don't feel comfortable working with him. I'm sorry about that but he's uh, like, fake business card, fake

18

things, started asking a lot of questions, made it seem a little bit squirrely." CHS-87857 said he would

19

still like to work with BOVIS. BOVIS responded, "Yeah, me too. So if we can do it without him, but

20

I'd like to know more, a little more

2t

blue, from nowhere, and no, he doesn't exist. So it's a little frightening to work with someone who is

22

like that."

23

124.

about him just to clear the table, because this guy came out of the

CHS-87857 asked INDIVIDUAL 3 if he researched IJCE-7982. INDIVIDUAL 3 said he

24

did' "He did call me, because I called him and left

a message. When he talked to me

25

are you located, where's your business office? He

didn't want to give it to me, he said .I,m in Florida

I

asked him where

26) but I'm never there.' I asked him, I said, 'what's the source of the funding?,
I asked him if he was
27
28

a

placement agent; and he got a little upset by that. I said
where's your funding coming from, and then he
says 'a private, a wealthy private family in Florida.'
And I asked him, I said .ooh, great,would you be
AFFIDAVIT
FILED UNDER SEAL

44

 1

lwilling to share that information?' He says 'no they want to remain anonymous.'

So, you know,

I was

2

trying to, because I want to verify who he is, you know, we're very concerned reputation-wise that

J

money would be coming from you know, a cartel or any situation like that, and he just, kept, more

4

saying

5

things to me. And I explained that [BOVIS] and I work together on other projects and we're partners

6

and [BOVIS] had asked me to look into him. And I wanted to get more information. So we know his

7

website was opened in March in [another city] and in fact it was opened after [BOVIS] had fust met

8

with him, and the phone is, according to the private investigator, the phone is like I told you before is

9

just one of those pre-loaded phones. We can't, the investigator's databases couldn't find on the

'I don't know you, I haven't met you, where did you come from, who are you?'

those kind

of

10

information they had, could not find a location for that company or anything listed for ACE-79821. And

11

basically, he's a ghost. If we had a social security number, or a driver's license number, or date of birth

l2 we could probably do a lot more." BOVIS
l3

added, "Or the name of the business."

INDIVIDUAL

3

continued, "Yeah, what is the real name of the business? And where is it registered as a business?"

125.

t4

CHS-87857 said he would contact UCE-7982 to see if he can respond to their questions.

15

CHS-87857 asked if there was still room for an extension. BOVIS replied, "Yeah, I believe I can do

r6

that,

t7

have a number you've talked to him before from, like an old another phone number before he got this

18

number, or an email or anything, like, how you met him or anything like that?" CHS-87857 said he

if it's just with

t9 would
20

us. But

if you could do me one favor just to clear this up, all we need, is like, do you

get BOVIS that information and BOVIS said, "then

I'll

work on extending it...

I'll work on

trying to extend the thing for at least three weeks." CHS-87857 asked BOVIS and INDIVIDUAL 3 what

2l inforrnation they wanted. INDIVIDUAI

3 replied, "Who are we dealing with is the issue. And that's

22

what was the concern. I have not met him, so ... that was the concem." BOVIS added, "you can do your

23

money thit g. But we need to clear up it's not like we said some kind of fi.rnny money or something,

24

because we have to go into the airport you know

25

problems with that, that's all." CHS-87857 said he would contact rJCE-7982 and asked
BOVIS to

26

determine the status of the project. BOVIS said he would do that and stated, ..If you can just
find out

27

about that and make us a little more comfortable with what happened with
him. Got a little worried,

28

that's all."
AFFIDAVIT
FILED LTNDER SEAL

it's the govemment

45

and we

don't want to get any

 126.

I

On Aprit 23,2018, at approximately 1:49 p.m., CHS-87857 made a recorded call to

2

BOVIS. BOVIS told CHS-87857 that INDIVIDUAL 3 was also present during the call. CHS-87857

J

asked about

4

good chance of doing it" but they can't extend the May 2 deadline. CHS-87857 was disappointed

5

because they missed the opporhrnity and said he is going down to Florida to check out UCE-7982's

6

address. BOVIS stated he was concemed about UCE-7982's address, the "throw phone from, you

7

know, Metro PCS," and that the domain name was recently created. CHS-87857 said he would obtain

8

information and provide it to BOVIS. BOVIS was appreciative because he wanted to know whether

9

UCE-7982 is legitimate businessperson and stated, "it gets a little squirrely when you know, when we

INDIVIDUAL 3's recent text and the status of the lease. BOVIS

said "we have a really

will definitely work with CHS-

10

deal with someone who's, uh, going to be a ghost." BOVIS stated he

11

87857 on the next RFP, and if he can qualifu UCE-7982 they'll work with him too, but right now it's a

t2

"little strange." BOVIS apologized but said to work with people they need to know they

.

127

13

On

April 27,2018,

are

"all right."

at approximately 7:02 a.m., CHS-87857 made a recorded call to a

t4

conference call line with BOVIS and INDTVIDUAL 3 already on the line. CHS-87857 said he met with

15

UCE-7982 in Florida and described his office space. CHS-87857 said he was comfortable with UCE-

16

7982

T7

that BOVIS was uncomfortable with UCE-7982 and asked, "'Who really is this guy? What is his history

18

and who does he represent?" CHS-87857 explained that UCE-7982 worked like an account

t9

representative for multiple wealthy families. BOVIS was concemed because he was not registered and

20

that there was nothing in UCE-7982's name.

2l

afi

s/he answered a lot of the questions BOVIS and

128.

INDIVIDUAL 3 had. INDIVIDUAL 3 stated

CHS-87857 said he was disappointed because it was too late for this RFP, but said he

22

was interested in working with BOVIS and INDIVIDUAL 3 either with UCE-7982 or with traditional

23

financing. BOVIS said he felt uncomfortable and INDIVIDUAL 3 said that although he did not meet

24

UCE-7982, he had a short conversation with UCE-7982 and believed s/he was not forthcoming. BOVIS

25

told CHS-S7857 that "working with you has been a pleasure, I mean, and I want to do it. I just got

26

little worried with UJCE-79821, that's all."

27
28

129.

a

BOVIS said it was not his business if CHS-87857 wanted to work with UCE-7982but

that he, BOVIS, did not feel comfortable working with UCE-79l2because UCE-7982 was
not licensed
AFFIDAVIT
FILED L]NDER SEAL

46

 1

or registered as a placement agent. (This stands in stark contrast to BOVIS' previous concern that he

2

expressed to the UCE on

J

see whether Lease

4

uncomfortable about UCE-7982. INDIVIDUAL 3 said the current situation is that UCE-7982 should

5

never have come out to San Francisco, and thatUCE-7982 acted in a manner that caused BOVIS to

6

become suspicious, which led to them discovering thatUCE-7982 "has no fooprint."

130.

7

April 5, 2018, that it might

be part of an

"FBI sting.") BOVIS said they would

#5 gotpostponed for now, or if they would wait for the next one, but he still felt

CHS-87857 responded that if they were not comfortable they did not have to use UCE-

8

7982. INDIVIDUAL 3 said the headline risk was that if there was

9

was financed by the president's family, it would be big news.

a deal at the

airport andUCE-7982

INDIVIDUAL 3 further explained that

10

they did not want it to be cartel or organized crime money either. CHS-87857 said he did not think any

11

of that was an issue and asked BOVIS to talk to AIRPORT COMMISSIONER

t2

opportunity so they can get a head start. BOVIS concurred.

t3

(rD

 

I
I

T4

 

to identify the next

Renewed Contact: NIIRU Meets with the Confidential Sources in his

office

I

15

1

13

1.

Notably, the confidential sources renewed contact with NIIRU in February 2019 and

I

16

I

NURU agreed to meet with them. After CHS -81857 texted NURU about setting up a meeting to discuss

t7

business opporrunities in San Francisco, NURU responded and suggested CHS-87857 meet NLIRU in

18

his office in San Francisco City Hall. NURU met with CHS-87856 and CHS-87857 onFebruary 13,

19

2019 inside NTIRU's office, which is inside the Department of Public Works office suite in City Hall.

20

The meeting lasted approximately forry-five minutes. Based on my training and experience, I believe

2l this shows NURU had not withdrawn from the SFO Scheme by the time of the April

4, 2018 meeting

22

(discussed above) and was not bothered by the discussion of a bribe with one of the confidential sources

23

on that date.

24

meet with the confidential sources again, and certainly not in his office in City Hall.

25

If he had objections to bribing

132.

a

public offrcial, I believe NURU would not have agreed to

During the meeting CHS-87856 and CHS-87857 asked how they could expand their

26

business in San Francisco, specifically as to the San Francisco Airport and the Transbay Terminal. CHS-

27

87857 said he talked to the executive director and a real estate person regarding the Transbay Terminal

28

and NTIRU said CHS-87857 should continue to talk to the real estate people "because
they,re the people
AFFIDAVIT
FILED LNDER SEAL

47

 1

that are handling the leases and spaces...that's who we hired to do that." NI-IRU said he does not run the

2

day-to-day operations of the terminai, but

J

a

'H.y, you know, help

4

CHS-87857 asked "So you get in there? You can help?" NLIRU responded "A little bit, yeah,

5

there."

6

133.

"if you need help, I will call [TJPA EXECUTIVE 1] and say

these guys' or or 'what's going on, why can't they get what they want?"'

'When

if it's

When they discussed possible airport concession contracts, NURU said he had another

7

possible contact at the airport, rather than AIRPORT COMMISSIONER 1, because he had not seen

8

AIRPORT COMMISSIONER 1 except for at one event recently. CHS-87857 said "the airport is our

9

main focus, right? And we wanted to kind of talk to you and see if you can, there's anybody you can

if there's anything that you can do to help

just get back into that, into the winning circle

l0

send us to, or

11

over here. You know, I know they [new concessionaire bids] are going to be coming up. I know there's

t2

going to be opportunities coming up and." NIIRU cut offCHS-87857 and said "so let me know when

13

you." CHS-87856 then cut off NURU and said "We need to plan before." NTIRU responded "I know,

t4 but when it
15

t6

us

comes up...you need to know what you're doing and follow it...the good thing about this

city is we're transparent, so I guess you know what's happening."

134.

Later in the meeting, CHS-87857 said he needed "someone on the ground here to kind of

17

help us with local brands, so we need to hire somebody. Do you have

18

uh, that can be our eyes and ears down here...like our consultant down here?" NURU responded "Yeah,

t9

you know, I kind of know what you need, but I need to." CHS-87857 then said he would send NURU

20

some inforrnation on his business and NURU responded "Then

2I

get somebody who you can trust." Later in the meeting NURU reiterated this and said "Let me get you

22

the right partnership."

23

NTIRU responded "personal email" and provided his personal email address. Based on my training and

24

experience, the context of this meeting, and the prior contacts between NURU and the conJidential

25

sources that involved discussion of a $5,000 bribe, I believe NURU was telling CHS-87856 and CHS-

26

87857 that they needed to hire a consultant who they could trust because that person might have to

2l

provide benefits or pay bribes to officials in order to get certain city contracts. Furthermore, I believe

28

NURU was trying to conceal his involvement with CHS-87856 and CHS-87857 from public disclosure

AFFIDAVIT
FILED LINDER SEAL

'When

au;ry,

a good person we can hire,

I can figure it out, like...'cause I want to

CHS-87857 asked where he should send NI-IRU his business information,

48

 1

laws that applied to his official email address because he knew he should not be involved in this kind of

2

conduct and, for that reason, was instructing the conJidential sources to use his personal email rather

3

than an official govenrment email that would be subject to public disclosure.l0

135.

4

Toward the end of the February 13 meeting, CHS-87857 said "next time we gotta make

will,

5

sure to go out to dinner" and NLIRU responded "no, we

6

advance, that's the problem...I wanted to go, and you know,

7

been crazy. I've been up since seven o'clock."

136.

8

9

yeah, it's just, we have to book way

in

it's like God man, I can't figure it out. It's

As the meeting concluded, NTIRU asked CHS-878576 and CHS-87857 how their

relationship with BOVIS was and they responded that it was good, but BOVIS was too busy for them.

10

NURU said BOVIS had been busy opening Lefty's Ballpark Buffet, but "we're trying to get it to work.

11

It can't really now...it's not the season." I believe this statement means NURU has an ongoing

t2

relationship with BOVIS and is still attempting to help BOVIS financially with his business, likely

13

through NURU's offrcial position.

137.

t4
15

Based on my training and experience, I believe NURU has no legitimate offrcial capacity,

either in his position as the Director of the Department of Public Works, or as the Chair of the Transbay

t6 Joint

Powers Authority (TJPA), to seek to help outside buSinesses obtain concession contracts in San

17

Francisco. As detailed above, the bidding process at the airpot is required by law to be a competitive

18

process and any contact with airport commissioners or city offrcials, like NURU, with the intent to

t9

influence the process, is prohibited. Similarly, there is no legitimate reason for NURU to be using his

20

offrcial position to steer individuals (who have asked for his improper assistance in securing airport

21

concessions) to invest in the Transbay Transit Center.

22
23

138.

I believe NURU met with CHS-87856 and CHS-87857 becatse NURU believes he can

benefit financially from helping them. This was the second time that NURU tried to push CHS-878576

24
25

26
21
28

r0

On February 22,2019, CHS-87857 sent NTIRU an email that provided a link to a documents
re^garding CHS-87857's business. CHS-87857 sent NIIRU a follow-up t-ext message on February 28,
2019. NURU did not respond, but I understand (frorn other agents and my own eiperience with this

invcstigation) that delayed communication was not out of the ordinary for comrnunications between
CHS-87857 and NLIRU. No further contact with NURU was attempted at the direction of law
enforcement. I learned about these email and text contacts on April 9,2019, after aconversation with
another FBI field offrce.
AFFIDAVIT
FILED UNDER SEAL

49

 in

I

and CHS-87857 toward business opportunities in the Transbay Transit Center. The first occured

2

connection with discussion of a $5,000 bribe to an airport commissioner (which BOVIS reported was

J

a

NURU's idea) dwing meetings and conversations in March and April2018. The March 19,2018

4

meeting underscores NURU's intent. Although the apparent purpose of the meeting was to help CHS-

5

878576 and CHS-87857

6

the Transbay Transit Center, its size, and anticipated concessions opportunities. He also explained that

7

he,

8

about recent negotiations for commercial space, and helped arange a tour of the Transbay Transit

9

Center for UCE-7982 and CHS-87856 (which occurred on March 20,2018). NURU again pushed

igtheir bid for an airport concession, NURU

began by telling the group about

NURU, was in charge of the project, shared confidential information from the last board meeting

10

opportunities at the Transbay Transit Center during a meeting on April 4,2018, with BOVIS, UCE-

11

7982, CHS-87856, CHS-87857, aId.AIRPORT COMMISSIONER 1. Based on this prior conduct and

t2

the February 2019 meeting, and my training and experience, I believe NLrRU intends to use the

13

Transbay Transit Center and his role as chair of the TJPA, and more generally his official position as the

t4

Director of DPW, as opporrunities to comrptly exert his official inJluence to obtain benefits for himself

l5

and his associates.

t6

2.

l7

139.

Multimillion-DollarMixed-UseDevelopmentScheme

Agents have intercepted numerous corrmunications between NURU, BOVIS, and others,

18

regarding NURU abusing his official position as director of DPW for material gain, in exchange for

t9

official actions. These commturications about additional schemes firrther corroborate NIIRU's intent to

20

comrptly use his official position in relation to the airport scheme, as well as underscore his pattem

of

2l fraudulent conduct. In particular, NURU appea$ to be attempting to use his official position to benefit

a

22

billionaire developer in China who is developing alarge,multimillion-dollar mixed-use project in San

23

Francisco, Califonria. This individual has been identified by agents and is referred to here as

24

DEVELOPER 1.rr In exchange for travel and lodging, hi-end liquor, and other gifts and benefits, NTIRU

25

claims to be working behind the scenes using his official position to help DEVELOPER 1 with getting

26
27
28

1l

The identification of DEVELOPER 1 is based on open source information, the name used in
NURU's address book for this individual, and a personal photograph of NURU and DEVELOPER 1
together in China.
AFFIDAVIT
FILED UNDER SEAL

50

 1

I

the necessary city approvals to open the multimillion-dollar development.

I

2
a

140.

 

DEVELOPER 1 first surfaced in the investigation in the late fall of 2018 when agents

I

J lbegan

to leam more aboutNURU's then-upcoming trip to China. During a call utilizing his cell phone

4

on October 21,2018, NURU talked to his girlfriend, GIRLFRIEND 1, about his pending trip and how

5

he had to have a serious conversation with CONTRACTOR 2 regarding finances. CONTRACTOR 2 is

6

a

7

investing. I mean

8

know, [CONTRACTOR 2)

9

shrewd businessmen, so you have to be careful with them. They're very (silence)... Yeah, but people

10

like [INDIVIDUAL 4] and [CONTRACTOR 1], like if they made a hundred thousand, they'll give you

11

like

t2

very shrewd. I mean IIND[VIDUAL 4) and [CONTRACTOR 2) are like that... Yeah, that's how they

l3

are, they're just, that's just, I mean they're nice people but that's how the business model in their head

building perrnits expediter who is affrliated with NURU. NURU said, "I don't know, just keep on

two...

I'11

be having a serious talk

afi

with [CONTRACTOR 2] on this trip... Yeah, but you

[INDIVIDUAL 4], those two, they're nice people, but they

are very

Yeah, because they just ethically, they just you know, that's how they make money. They're

t4 works... Well you have to be um, you have to be clear on the dealings and when you start having

(UD...

those

15

conversations with them they start getting nervous and they try to stay away from

t6

both of them get along very well because they have the same type of thinking... And ICONTRACTOR

t7

1], he used to work, he's worked for both of them and he wasn't, he wasn't a (UI) until he left them."

18

Based on my training and experience, and the context of this call, I believe NURU wants to be as

t9

successful as CONTRACTOR

20

China. As discussed in further detail below, I believe CONTRACTOR 2 has paid for or subsidized part

2t

of N[-IRU's trips to South America and China in 2018. I believe that CONTRACTOR 2 provides these

22

benefrts to NURU so that NURU

l4l.

23

2

and believes that he can

will

That's why

talk more freely with CONTRACTOR 2 in

use his offrcial position to help CONTRACTOR 2 when needed.

OnNovember 4,2018, at approximately 9:2lPM, NURU called GIRLFRIEND l. NURU

just took with his daughter and CONTRACTOR

24

told GIRLFRIEND

25

NURU described for GIRLFRIEND

26

on the way to China where he flew in fust class, this time NURU flew business class back to San

27

Francisco. NTIRU began by telling GIRLFzuEND 1 about a wealthy friend of his who lived in China

28

and

1 about his

trip to China that
1

he

the many gifts he received during this trip. NURU said that unlike

howNIIRU and CONTRACTOR 2 stayedat his resorts during their vacation. NLIRU said, "Oh

AFFIDAVIT
FILED TINDER SEAL

2.

5l

 I

I

boy, oof. We had a great time. Are you kidding? We had a great time. It was great. The last few days

just, it was almost, it was almost

little scary

because we had agents you know, like when we went

2

was

)

to the to, outside our hotel room, they had guards outside our hotel room. (laughs)... You know my

4

friend that has the plane?... Well I have a friend that has a, he's the fifth richest guy in China... I know

5

him through [CONTRACTOR 2f,but anyway, so he's really rich, I mean, he's like, anyway we went to,

6

we had uh we had dinner with him on, what day was that? On Friday, oh no we had lunch with him on

7

Friday and they ask 'so hey, what are you guys doing for the rest?' We told him we were going to this

8

little hot spring town where they have these hot springs and stuff... And he's like 'No, you're going to

9

my hot spring.' (UI) his people on the phone making phone calls and he has his

a

QI)

he says

'My

van is

10

outside to take you to my resort'... And we get there and they're like all these people, all these like

11

agents with things in their ear and

l2

[CONTRACTOR

13

they're, everybody's in their room and then as soon as I come out, they're like still outside our room. I'm

stuffall waiting for us. We like 'oh shit, what's going on

2]?' (UD... Yeah, thing is we get there,

they take us to our rooms and everything and

t4 like 'Oh man, what's going on?' And then they're like 'LIh, in ten minutes we're going to go take a tour
15

of the whole place' You know, then we took a whole tour and everything. They gave us (tII) it was a

t6

big, they have like a whole community center and basketball courts, swimming pools, yoga... Yeah, he

t7 owns the whole, the whole spa and the hotel. Yeah

and he has

many. He has a hundred and five, five-

in China... Yeah, we stayed, we stayed in uh we stayed at uh Seven Star Hotel, he owns it,

18

star hotels

19

Conrad, and then we stayed at the Park Hyatt, he owns that one. And the last time I went with grandma

20

we stayed at the Ritz-Carlton, yeah... Yeah actually, he even told us, he told us, you know, 'did I send

2t

you some pictures of like this mansion that we went to?"' NURU continued, "Oh, no this was uh,

22

artyway, we went to this mansion. He has like a mansion, it's like the White House. It's worth billions

23

dollars, like

24

about a guy that bought 2,000 acres in [Bay Area city]? He wants to

25

Anyway, he's got a lot of real estate in America. He the guy we uh, when we had we had dinner at his

26

house, we had like the Vice President of [FOREIGN COI-INTRY 1] there, when we had, we sat at...

27

Yeah that's IDEVELOPER 1's] house, but apparently he doesn't live there because it's too, you know, he

of

(JI) and art and Chinese paintings... This is the guy that uh, bought the, did I tell you

28) lives on, he has four floors on the top of the Ritz-Carlton.
AFFIDAVIT
FILED TINDER SEAL

52

build...

He wants to build a

(UI)...

He told me the other day, when we had lunch

 I

with him. He says 'Oh I live here. (UI) four floors on the top here.' I was like, 'Oh.' 'This is where I

2

live, but people think I live in that place. I don't live in that place.' (laughs)."

142.

J

NIJRU said he uses WeChat to communicate with DEVELOPER 1.12 NTIRU then told

GIRLFRIEND

5

very nice guy. We're helping him, I'm helping him with a project here, San Francisco. So whenever he

6

comes,

7

was until

8

DEVELOPER 1, 'No we uh, we uh, we so when we arrive, we had a dinner with him and that night he

9

gave us a tour of his house, uh me and uh [individual from FOREIGN COLINTRY 1] and everybody.

10

His house, his house is just like a museum. He likes art. He's got like, in fact, he gave us, he gave us

l1

some stone. I don't know how much they're worth, I, you know,

t2

you know, they're gonna come in the ship. They're tons of money. I don't know what he, he he brought

13

it to us. He gave me one and [CONTRACTOR 2]

74

saying 'look at this, look at that.' He was showing things, I don't know what he was (laughs)... A little

15

bit, oh oh let me tell you this. The night we were at his house, the drinks that we drank... that bottle

r6

was worth ten thousand

1 about

how he is helping DEVELOPER 1. NURU said,

"I'll

4

I always go to see him. I didn't know

and

he received from

I put theT in the ship to, I shipped them

one and he had

like

a

little flashlight and he was

again, the bottle of wine was worth two thousand plus

wine... I was like 'yeah' I was like 'Woh.'

18

dollars. It was

t9

thousand seventy dollars. " I 3

143.

a

dollars... Yeah, it's Maotai, but it's fifty-year-old Maotai... Yeah, and then and

l7 then on Saturday when we had lunch with him

20

picture. He's

I know he has this plane, I didn't know that, how big he

I got to China." NLIRU then listed some of the gifts and benefits

a French

send you a

So

I looked it up. It was like two

NURU continued to talk about the free hotels DEVELOPER t had provided him on prior

2l
22
23

24
25

26
27
28

WgChat is an application made by a Chinese company that allows for messaging and voice
and video calls between users, Ermong other features.
13

State and local ethics and disclosur-e la,y^s require officials like NURU to (among other things)
report potential conflicts of interest and list the gifts they have received, including meats and travel,
9yery year on a document known as a Form 700. If NURU were to follow these iequirements, he would
list, fo^r ex_ampbr_41 of the meals BOVIS pai{
{or, the subsidized vacations he appeirs to have received
from CONTRACTOR 2,rh9gifts he received from DEVELOPER 1, and what dplpears to be free oi
subsidized work he has received on his vacation home. Agents reviewed the Fonn 700 that NLIRU filed
with the*City electroni.^ullv o"1aarch26,2019 at 5:38 PM. The disclosure covers January l, 20i8
through
3,1:?018. The only. gift listed is a bottle of red wine from Clark
valued
-Dec9pp9r
at $89.99,
yfiich NTIRU stated he receiied on De^cemb er 6,2074. gaseA on."/irui"i"g
I believe NURU's failure to disclose the many.giftr
received in2018 is kno'winf*i
further evidence of his intent to defraud the pirbiic of!9honest services as well as
of ,ri"a.

AFFIDAVIT

FILED LTNDER SEAL

C;rtilii;",
*a.#ri.o..,
*llfiii;;],
hf;;ptrirtZ

53

 1

occasions. NURU said, "Yeah, but you know, this guy who stay at his hotels, you know, he's the one

2

that gave us the hotel with uh grandma... Yeah this guy, you know he's, the guy with the hotels, he's

J

been hooking, uh he's the one hooking us

4

any hotel or anything. They take care of

5

eat good breakfast (UI)

6

then asked, "But the ones we stayed in in South America? He owns those?" And NI-IRU answered,

7

don't know, I don't think he, I don't know if he has those ones. (UI) Yeah."

144.

8

9

up... We don't,

yeah, we don't uh we don't um we don't pay

us. They give us good rooms and good service. You know we

morning... No all over the world. He owns some in America." GIRLFRIEND

1

"I

At this point in the conversation I believe NURU confirmed his recent vacations to China

and South America were largely subsidized, and that he had received free hotel and resort

10

accommodation, free food, and transportation throughout China, because of his assistance to

11

CONTRACTOR 2 and DEVELOPER 1. I also believe, because GIRLFRIEND 1 asked

t2 DEVELOPER 1 owned the hotels that

she and

if

NURU stayed at during their previous South America

l3

vacation, that those accommodations were similarly subsidized or free of charge. I believe that is why

l4

she assumed DEVELOPER 1 owned them.la

145.

15

In the next part of the conversation NURU discussed the offrcial actions he would take as

t6

Director of DPW to benefit DEVELOPER 1's project in San Francisco. Specifically NURU said that

t7

DEVELOPER 1, "he's the owner of uh [the multimillion-dollar mixed-use development], the project that

18

he

19

NURU continued, "Yup, and he's very upset about because he's, you know, he thinks he's lost, he's spent

20

so much money and he's, you know, can't see the end of the

2l

meeting we had with him on Saturday. He had a whole list of things that we need to get done. We have

(JI)."

And GIRLFzuEND

1

replied, "That ICONTRACTOR 2] was working on, yeah." And

tunnel... No, it's not done.

So that was the

22
23

24
25

26
27
28

la

Agents are analyztng bank accounts for NURU and one of his daughters. A preliminary
analysis has shown multiple cash deposits into the daughter's account. The daughter has also written
checks and pai{for multiple payments on NURU's San Francisco home mortgage, as well as making
payments for NURU's construction costs for his vacation home in Lodoga. NURU also wrote two
checks dated 9ll8l20l8 to another individual. One check was written f& $4,707.41 with the memo
written as "s. america trip" and the other check was written for $2,914.19 with the memo written as
"China trip." Agents are investigating the identity of this individual and additional financial evidence
related to these trips. However, based on my training and experience and the general cost of first class
and business international airfare, I believe these checks do not fully cover thE cost of NURU's trips to
South America and !h!1 In addition, neither one of these trips hai been disclosed on NIIRU's most
recent Form 700 (Schedule E of the Form 700 is used to discloie travel payments, advances and
reimbursements).
AFFIDAVIT
FILED LINDER SEAL

54

 I

to...

2

he's got a

J

trying to make sure the windows are, the windows were made in Mexico and there's some kind of

4

defect...

5

of Building Inspection (DBI OFFICIAL 1)l shop and Planning, a whole list of things that we need to get

6

done... Oh yeah, but I mean, he doesn't you know, he doesn't give money or anything. He lets us stay

7

in his hotels and stuff. He makes all the arrangements for us, which is good. And nice places." Later in

8

thg conversation, NURU said that during the trip "we didn't have to do anything. We just, they just say

9

'Hey nine o'cIock, you know, meet downstairs' and when we come there, there's a Mercedes waiting for

He's bringing in a

[RETAIL STORE 1] in there so they frnally (UD... Yeah, so he's you know,

[RETAIL STORE 1] going in there now. They've worked out

So we're

a lease

with them. He's uh

trying to get that all resolved with the, [senior official with San Francisco Department

l0

us or a nice luxury van waiting for us." GIRLFzuEND 1 asked

11

used to

t2

about money not one day." Based on this call and previous intercepted calls, I believe GIRLFRIEND

t3

was referring to the trip to South America that she went on with NURU and CONTRACTOR 2

it like I got used to it?" NLIRU responded "Oh

if NIIRU's daughter "start[ed] to get

she she got used to

it.

She didn't have to

think
1

in

t4 October 2018. I believe that CONTRACTOR 2 arrd others subsidized NLIRU's and GIRLFRIEND I's

trip.

l5

expenses for that

t6

reservation was under GIRLFzuEND 1's name and that the room was paid for in cash. The room was

t7

occupied by two people. I believe the other person was NURU. The cost of their stay at the Ritz-Carlton

18

was 800,400 Ctrilean Pesos, which is approximately equal to $1,176 US Dollars.

Records received from the Ritz-Carlton in Santiago, Chile, show the hotel

t9

146.

20

DEVELOPER

2t

benefits) was corroborated that same day by an encrypted WeChat message sent from NTIRU to

22

DEVELOPER 1 on November 4,2018 at l:41AM PST, shortly after NURU had received luxury

23

accommodations from DEVELOPER 1 during NLIRU's stay in China. The message from NURU

24

stated: "Thank you very much for all your generosity while we were in China. We had

25

and my daughter had a wonderful time. I

26

Look forward to seeing you in San Francisco when you come." DEVELOPER I responded the next

27

day: "You're welcome and thank you so much. Looking forward to seeing you in San Francisco.,,

28

147

-

NURU's description of his arrangement with DEVELOPER
1

1 (that he helps

with his San Francisco project in exchange for high-end accommodations and other

will

a greatvacation

do my very best to see that your project gets completed.

Based on open-source information, the project is a condominium complex
with retail

AFFIDAVIT
FILED LINDER SEAL

55

 1

lplarured for the fust floor. According to publicly available documents the project experienced various

2

construction delays. When NTIRU referred to "Planning," I believe he was referring to the San

)

Francisco Planning Department or San Francisco Planning Commission. These entities handle approving

4

various parts of construction projects in the city.

5

148. While NURU was in China, on October 24,2018,

at approximately 12:56 pm, NURU

6

received a call from DPW EMPLOYEE 1. During this call, NI-IRU asked "What's going on with

7

[address for DEVELOPER 1's mixed-use project]?" and the individual responded that he heard the

8

developers were dragging their feet. NURU said

9

"there's an issue with the glass...Yeah, it's the glass, something about, uh, some detail that they were

"I don't think so" and continued later by saying

10

concerned about that was not safe or something." The call was minimized near this point. However,

11

based on my training and experience, I believe NI-IRU, in his official capacity as the Director of DPW,

l2

was using this call with a DPW employee to check on DEVELOPER 1's project in order to assist

13

DEVELOPER

t4

1.

149. A search of communications

in NURU's personal email account also indicates he

15

remained involved in moving DEVELOPER 1's project forward, both before and after his trip to China.

t6

These communication include: (i) a December 9, 2018 email from CONTRACTOR 2 advising NURU

t7

that DBI had provided notice that a temporary certificate of occupancy for DEVELOPER 1's

18

multimillion-dollar, mixed-use project was on hold until the project sponsor completed installation of

T9

additional items; and (ii) a February 8,2019, email from the personal email address of DBI OFFICIAL

20

to CONTRACTOR 2, ccto NURU's personal email address, indicating that the offrcial would attend a

2t

dinner with DEVELOPER 1 at a San Francisco restaurant later that month.

3.

22
23

150.

Transbav T

Center

As noted above, NTIRU is also the Chair of the TJPA. The Office of Community

24

Investment and Infrastructure (OC[) (the successor to the San Francisco Redevelopment Agency)
and

25

TJPA are developing the Transbay Transit Center through a competitive bidding process.
In order to

26

lease commercial space at the Transit Center, prospective tenants must submit
an online Tenant

27

Application. Following the application, the prospective tenant will need to
submit a Letter of Intent

28t which should include
AFFIDAVIT
FILED LINDER SEAL

a resume, concept description, business plan,
56

proof of capital, and two years of

1

 1

I
I

2

I

business or personal tax returns. Deals are to be evaluated on a point system based on

if

a tenant is a

local business, if it fits within the merchandising plan, and if the tenant has the operating experience,

J

financial capital, and if the product ofFering will enhance the neighborhood. The TJPA has primary

4

jurisdiction regarding matters concerning the financing, design, development, construction, and

5

operation of the Transbay Program.

151.

6

Intercepted communications onNURU's cell phone showthatNLIRU and BOVIS have

7

discussed NURU helping BOVIS receive a contract for one of BOVtrS' restaurants at the new Transbay

I

Transit Center (alternatively referred to as the Transbay Terminal). The paragraphs below summarize

9

certain intercepted communications related to the scheme.

152.

10

On November 13, 2018, at approximately 6:09 PM, NURU called BOVIS. During this

l1

call, they discussed the Transbay Terminal. BOVIS said "Um, but I was gonna ask you to about uh um

t2

wondering, I sent you the stufffor the uh (UI) let me port it over to the new email too. I'11 send it to yq

13

from the ah real estate people at um Transbay Terminal." NLIRU said,

14

1]." Based on my training and experience and the context of this call, I believe NURU was saying he

15

would talk to TJPA E)GCUTWE

153.

t6

1

"I'll

talk to [TJPA E)GCUTIVE

to help BOVIS.

On November 30, 2018, at approxim ately 5:49 PM, BOVIS called

NURU. NURU and

t7

BOVIS discussed

18

Terminal. BOVIS said, "Doing good, um,

19

at uh,

20

to him. I see the dialog going backwards and forwards, so." They then discussed the leases and spaces

2t

available at the terminal. NLJRU said when he tatked to the people at the terminal they told him for

22

what BOVIS wanted to do, certain spaces would not meet his requirements. I believe this shows NURU

23

is taking an active role in trying to get BOVIS a space at the Transbay Tenninal. NTIRU said to BOVIS

24

when talking about his dealings with the Transbay people, "Yeah, I don't know, I don't know how
to

25

handle it because he, you know, he knows that I'm pushing on it..." Based on my training
and

26

experience,

27

for BOVIS and wanted to avoid raising red flags that might draw unwanted attention
to his relationship

28

with BOVIS.

a

variety of topics starting with a lease BOVIS is trying to get at the Transbay
a couple things

to ask you. Did you ever talk to the guy over

the." NURU then interjects "Transbay?" BOVIS then affinned

and NLIRU said, "Yeah, I talked

I believe that NTIRU was trying to be careful about pushing too hard for

AFFIDAVIT
FILED TINDER SEAL

57

a lease

opportunity

 1

I
I

2

I

tSq.

BOVIS that TJPA DGCUTIVE

I

J

I

On December 6,2018, at approximately 1:30 PM,

and TJPA

E)GCUTIVE

1 were

1

NIIRU called BOVIS and explained to

was also on the phone. The audio from the call indicates that NURU

utilizing the speakerphone function of NIIRU's cell phone. It also

office. Cell-tower location data shows that

4

appears that the call was made from the privacy of NTIRU's

5

NfIRU's cell phone was in the vicinity of

6

TJPA EXECUTfVE 1 was seen leaving the DPW office suite after the meeting in NIJRU's office would

7

have concluded.

8

9

San Francisco

City Hall: Agents have also confirmed that

155. On the call, NURU explained to BOVIS that, "Okay, so, so ITJPA EXECUTIVE

1]'s

here, so I guess we're trying to figure out what your situation is and trying to resolve it." BOVIS and

I

10

TJPA DGCUTTVE

11

explained, "Yes, as of, as of right now the 119 is the preferable. That 121 was the one we really wanted

12

but um they uh said they already signed the lease papers on that or they're in the process of doing it, and

13

so they wouldn't present our

t4

sent in an offer, but was concemed the offer was never presented to TJPA

15

DGCUTIVE

t6

on my, I have it on my sheet, so let me follow up."

t7

thereafter discussed BOVIS'top three choices for spaces to lease. BOVIS

1 reassured

offer...So 121, 119,135." BOVIS also told TJPA DGCUTIVE I they

DGCUTTVE 1. TJPA

BOVIS, "Ok, I'm I'm aware of uh, I'm aware that you've submitted...I have it

156. Based on the investigation

and the substance of this call,

I believe NURU is using his

18

official position and inJluence

19

securing a corlmercial lease for one of his businesses in the Transbay Transit Center; namely, by

20

arranging a direct meeting between BOVIS and TJPA EXECUTIVE 1. In exchange, I believe BOVIS

2T

was continuing to "take care

22

that he alluded to as part of the Airport Scheme when, for example, he said during a recorded call on

23

March 7,2018, with CHS-87857, "I'll just, take care,

24

the one who introduced us ... so

25

19,2018, meeting at the Broadway Grill with \JCE-7982, CHS-87856, and CHS-87857. When CHS-

26

87857 asked BOVIS

27

BOVIS replied that BOVIS would do something for NURU, and that NURU was giving
BOVIS more
deals like the bathroom contract. BovIS stated, ..I,ll take care of
him.,,

28

AFFIDAVIT
FILED UNDER SEAL

as Chair of the Board of Directors of the TJPA to assist

BOVIS in

of'NIIRU through kickbacks, free meals or other benefits in the same way

I'll

I'll do it on my side with the, the head of DpW,

take care of that." BOVIS repeated the same thing during the March

if NURU would want something in return for his help with the airport concession,

58

 1

157.

On December 10, 201.8, at approximately 4:40 PM, BOVIS again called NURU. During

"I

sent that guy our information. He's helping me. [TJPA

E)GCUTIVE 1]."

2

the caII, BOVIS said,

J

NIIRU responded, "Oh good, good." NLIRU and BOVIS discussed how when [TJPA DGCUTIVE

4

called BOVIS, he said BOVIS' phone was not answering. After that BOVIS and NTIRU discussed the

5

danger of the FBI monitoring their calls:

1]

6

NURU: Every time he called you, he says "Guys doesn't answer. The phone doesn't answer.

7

I was like, what do you mean the phone doesn't

8

BOVIS: Huh,I don't know, maybe I have something wrong with my phone.

9

NIIRU: Yeah, and then, I said, "Well I wanna call him right now from my phone."

answer?

10

BOVIS: As long as, as long as nobody, nobody at the FBI is looking, listening to me, that's

il

cool.

l2

NTIRU: (laughs)

13

BOVIS: (laughs) Maybe (JI) my phone's protected

t4

NURU: (laughs) You make me paranoid man

15

BOVIS: I know, no, no, I'm joking.

I6

NURU:

I]

158.

I'11 send you that

information. I'11 send it to you right now.

I believe this shows BOVIS and NURU know what they are doing together is illegal. As

18

described above in corurection with the Airport Scheme, this is not the frst time BOVIS expressed

19

concern about the FBI investigating his conduct.

20

159.

The same conversation continued when NURU asked BOVIS, "IARCHITECT 1] ever

you?" BOVIS responded, "Yeah, he did, and I told him, uh, yeah,

I, I, I'll tell

2I

get back to

22

you about it... He has a solution now too for you... He said um, he said he figured out how to do it

23

correctly... That way he can be um, uh, 'cause he won't be the architect orL um, the paper... 'cause he'll

24

be the design, the right, uh the design consultant for

25

somebody to stamp the drawings. Tell him not to

26

I can get people to stamp it for him... yeah, he shouldn't worry about that." Based on my training and

27

experience, and the context of this call, I believe NURU asked BOVIS if ARCHITECT 1 contacted

28

BOVIS again. Previous intercepted communications reveal that ARCHITECT
AFFIDAVIT
FILED UNDER SEAL

so I told him,

you." NTIRU said "I like that, yeah...

oh

I can get

worry... I can get somebody to stamp it, yeah, I got it,

59

1 is an architect

working

 city contract. Intercepted communications also

1

with BOVIS to design temporary homeless shelters for

2

indicate that he is supposed to be involved in work on NURU's vacation home. I believe this call shows

J

NLIRU and BOVIS attempting to hide ARCHITECT 1's involvement as an architect because of the

4

benefits NIIRU is receiving.
4.

5

6

160.

a

Bathroom Trailer Scheme and

eless

In November 2017, San Francisco DPW released

a

Container Shelter Scheme
new set of portable public toilets

7

designed to look like the iconic San Francisco Painted Ladies houses. In 2018, DPW was funded to

8

purchase more bathroom trailers. As described below, NLIRU gave BOVIS inside infonnation regarding

9

the specifics of the project and had one of his DPW employees, DPW EMPLOYEE2, deal with BOVIS

10

regarding the specifications.15 Dwing this call, BOVIS assured NIIRU that he never sends any emails to

11

NI-IRU at his government email address. NIIRU then told BOVIS to always use NURU's personal email

t2

address, which could be "anybody." NURU then directed another DPW employee, DPW EMPLOYEE

t3

3, to assist BOVIS with the project. DPW EMPLOYEE 3 told BOVIS that NURU put him in charge

l4 it and that DPW EMPLOYEE

of

2 was still the main guy but DPW EMPLOYEE 3 would oversee

wife construction/designer

15

everything. To complete the project, BOVIS is working with

t6

team. BOVIS and the team have discussed the specifications and requirements from the email sent from

t7

DPW EMPLOYEE2 at DPW. Notably, during one conversation with BOVIS, one of the members of

18

the team asked about other bidders and the due date of the bid. BOVIS replied the bid was'Just a

t9

formality."

20

161.

a husband and

NURU and BOVIS appear to have a similar a:rangement for

a

project involving the

2l

construction of small container-type portable housing for the homeless. A summary of pertinent

22

communications regarding these schemes follows below.

23

162.

On July 3,2078, at approximately 5:42PM,BOVIS received a call from NURU. Both

24

were using their cell phones. NURU and BOVIS talked about the project for providing the city with

25

portable public toilets for the homeless. BOVIS said, "Good how are you, I got my email from [DPW

26

EMPLOYEE 4], so I responded back to him." NURU replied, "Oh good, but also I need you to. I'm

21
28

ls As a restauranteur,
BOVIS has no apparent construction expertise that would be relevant to
these projects

with DPW.

AFFIDAVIT
FILED LINDER SEAL

60

 1

confused on the specs for the bathroom. Have you talked to John? I don't know if it's a wooden one, he

2

asked me

J

made it uh more cost effective, we modified

4

of the one...the spec that you have... I can give it to him because he's sayin' is it the wooden one or is it

5

the metal one?

6

need five right now." BOVIS said, "Yeah, no I wrote the spec perfect for you.

7

replied, "But we have to send it over to [an associate's] shop." BOVIS laughed and said, "Yeah, alright

8

no problem. Aldght.. . Yeah, yeah sorry if I didn't cc you on it I thought I did, but do you want it to

9

[NIIRU's personal email address] or to the department?" NI-JRU said, "Well if you're goflla put me on

if it's

a

it's

a wooden one or a metal one

(UI)?" BOVIS replied, 't{o, it's the same one we just

it a little bit." NURU said, "Yeah, yeah I need to get a copy

I said, I don't know which one it is...

Cause I want to give

it to him

because

I need, I

I got'em all, uh." NTIRU

10

the e-mail..." BOVIS replied, "Okay don't put you on the email?" NIIRU said, "Yeah, just send it to

11

IDPW EMPLOYEE 2] just tell him you know, here are the specs for the new trailers, I heard you're

t2

going to be needing frve." BOVIS said, "Okay, and that at the same time

13

email address] right?" NTIRU replied, "Yeah, you can do that. Yeah." BOVIS said, "Okay, that way it's

l4 the family

one. Okay, got

I'll (UD to [NURU's personal

it." Based on my laining and experience, and the context of this call, I believe

15

BOVIS and NIIRU are working on a project to supply the city with portable public toilets for the

t6

homeless. I believe NURU has influence or control over these contracts and the reason he does not want

t7

BOVIS to email him on his work email is because NURU wants to conceal his involvement in the

18

project because he is receiving items of value from BOVIS in exchange for offrcial action.

19

163.

Later dwing the call NURU discussed the funding available for the portable public toilets

20

project. NTIRU said, "Okay well, I guess they definitely need five and I have the money out." BOVIS

2t

replied, "Y.p, we're ready, I'm ready. As soon as they get that. I'll send over the specs to you again. I put

22

a separate letter to

23

for five new locations (UI)." BOVIS said, "Twenty minutes, you'llhave it."

24

154.

hjm." NLIRU said, "Yeah, we need them now because we have uh, we have funding

BOVIS and NURU then talked about another project, where BOVIS would be providing

25

the city with portable homeless shelters. BOVIS said, "And I talked to [DPW EMPLOYEE 4] twice now

26

on the email, so uh. He asked me

27

costs more to do solar and stuff." NTIRU said, "Okay that's

28

you. .. I think on Mission Street in the courlyard (UD... and we'Il let homeless sleep in it and test it out."
AFFIDAVIT
FILED LINDER SEAL

if I need electricity

61

at the site. I'd rather have electricity because

it

fine... Yeah he's going to find a piace for

 1

BOVIS said, "Yep, that's what you got to do and make sure everything works good... I, I got to write, I

2

think I can do it myself but I write

J

if I had a letter from you guys that's like a letter of intent that we're looking into this

and we may buy

4

but I can do it from the SMTM company, so that'll probably be easier." NURU said,

"(Uf can write

5

a letter

6

look like that were more... ah... that we got a serious, uh they can donate the, um, panels so we can build

7

the

8

letter."

of intent to the companies they may give it to me for free but

if you need one. That's fme." BOVIS said, "Okay

frst

if I have

yeah, because

it

you

one from him then we

one for a lot cheaper." NTIRIJ replied, "Okay yeah he can write you a letter. He can write you a

165.

9

a letter

On July 5,2018, at approximately 4:33 PM, BOVIS received a call from NURU. BOVIS

10

told NURU that DPW EMPLOYEE 2 wrote the specifications for the portable public toilets and that he

11

'Just copied it for the old camper ones, you know they didn't say anything about the Victorian, they just

12

copied the old um spec from the older one so, uh, I'm having them red-line it, and make it so it's for the

t3

Victorian." BOVIS asked NLIRU if DPW EMPLOYEE 2 wanted metal studs or if it would be alright to

T4

use wood, and NLIRU responded,

15

need you to work with

"Well follow him. He's kind of

him... well talk to him

an equipment guy so... that's why

because once you and him agree then... then you

I

know

t6 I'm already moving the money around so, yeah, yeah." BOVIS said, "Yeah, the one he wrote is um for
t7 the camper, you know fiberglass outside and for the ones that (UI)"

and

NURU responded, "Change it,

it." BOVIS stated, "Okay I'll change it all." And NLIRU replied, "Yeah change it, yeah." BOVIS

18

change

19

said he would submit a proposal with wood studs and NURU responded,

20

this is the one that you have, you know, um yeah, but you need to work it with him, I guess that...to be

2t

able to move it forward, yeah, yeah, because

22

this is a preferred one, yeah." Based on my training and experience, and the context of this call, I believe

23

BOVIS may have improperly received information on this contract and NURU is helping push the

24

contract toward BOVIS. To date, although agents have been unable to find any open RFPs or any

25

contracts regarding this project, as discussed above, I believe NURU has influence or control over these

26

contracts and the reason he does not want BOVIS to email him on his work email is because NURU

27

wants to conceal his involvement in the project.

28

166.

I'm pushing right now,

"Well give him, yeah, tell him

so yeah, yeah...TelI him uh, this is

On July 5,2018, at approximately 4:49 PM, BOVIS called an individual believed to be

AFFIDAVIT
FILED UNDER SEAL

62

 1

J

DPW EMPLOYEE 3. DPW EMPLOYEE 3 told BOVIS he just left NURU and that NURU told him

I

2 Ithat
I

"you and I should get together and discuss, you know." BOVIS asked if DPW EMPLOYEE 3 was

J

writing the specifications for the portable public toilets and DPW EMPLOYEE 3 responded "I, I, yes.

4

He's put me in charge of it so I'm gonna work with you so that uh, yeah, we get all the right material,"

5

BOVIS asked about DPW EMPLOYEE 2 and DPW EMPLOYEE 3 said, "[DPW EMPLOYEE 2] is...

6

he's the main guy, but I'm gonna oversee everything.. . so he just wants me to, uh, to act in the middle."

7

BOVIS responded "Excellent.

167.

8

9

DPW EMPLOYEE 3 then told BOVIS "Please send me everything that you and [DPW

EMPLOYEE2I

are

working on so I know exactly what is going on so we get it right, you know?" Based

10

on my training and experience, and on the context of this call, I believe NURU told DPW EMPLOYEE

11

3 that he should work with BOVIS to ensure that BOVIS won the contract.

168. On July 5,2018, at approximately

l2

4:52 PM, BOVIS called one of the people working on

13

the design for him. BOVIS began the conversation by saying, "Hey...uh, you guys must have been

t4

praying because I've got some better news. I talked to Mohammed...Yeah, and I, I told him that the

15

specs that you got, you

t6

EMPLOYEE 31, not [DPV/ EMPLOYEE 2f,bri the other guy who is overseeing.. . IDPW EMPLOYEE

t7 2] is his
18

boss, but,

just copied and pasted from before right.. . So I talked to his other guy [DPW

I said we are going to rewrite the specs and

send them to ya and use those specs, so

um, he's gonna help me do that so, put it back to wood, so um, if they push back, then we'll go to

t9 metal." The individual

responded, "Okay, so we're, so we're kinda pushin' back right now with our

20

answer and it's becoming a dialogue kind of. That's what I wondered what was happenin' because the

2t

whole (UI)." BOVIS asked the person if he had talked to anyone about it and he said he had not talked

22

to anyone yet. BOVIS responded "Oh good." Based on my training and experience, and on the context

23

of this call, I believe BOVIS used his possible inside knowledge about the portable public toilets project

24

to his advantage in designing his proposal.

25

169'

On July 6,2018, at approximately 1:15 PM, BOVIS sent an SMS Text Message
to DpW

26

EMPLOYEE 3. BOVIS said, "Can you send me your email Thank you nick Bovis.', DpW
EMpLOyEE

27

3 responded with a reply SMS Text Message at approxim ately l:28 PM
with his official sfgov.org email

28

address' BOVIS then replied, "I just sent you correct specs" DPW
EMPLOYEE 3 then texted back, .,ok
AFFIDAVIT
FILED TINDER SEAL

63

 1

- will take a look soon as I get into office - thx" Based on my training and experience, and the context

2

of this text message exchange, I believe DPW EMPLOYEE3, atthe direction of NURU, is assisting

a

J

BOVIS with the portable public toilets project. Based on my training and experience, and the context of

4

this communication, I believe BOVIS and DPW EMPLOYEE 3 emailed each other about this project in

5

order to enhance the chances that BOVIS' bid was accepted.

170.

6

On July 9,2018, at approximately 8:33 AM, BOVIS received a call from one of the

7

individuals working on the design for him. They discussed construction specifications for the portable

8

public toilets project and whether they should be using wood or metal and the costs associated with

9

each. The person asked

17l.

10

if the price was "stuck at 65" and BOVIS said he would find out.

On July 79,2018, BOVIS called one of the individuals working on the design for him

11

and they discussed project specifications. The individual asked

t2

date as far as, I mean, we'll get

13

if they're going to?" and BOVIS responded, 'Nobody

BOVIS, "... And when is the bid due

it right back, but when is it due as far
else

will

as everybody else having to submit

be able to do

it once I uh, um, it's just, it's

t4 just a formality." The individual stated, "A formality." BOVIS replied, "But I have to, I have to make
it's like

a, like you want it

just say yes and exempt if it's anything. If they ask for the guy flying out

15

sure

r6

there and all that bullshit just say exempt or someone will send pictures or whatever..."16

t7

172.

l8 project.

Based on intercepted communications, BOVIS appears to have reached an agreement

t9

I believe BOVIS has a similar arrangement with NTIRU regarding

with

NIIRU where NURU will ensure BOVIS wins the bid to construct homeless housing shelters.

173.

20

For example, on August 10, 2018, at approximately 12:31PM, an individual working with

2l BOVIS on the homeless
22

a homeless shelter

shelter project, ARCHITECT 1, called BOVIS to discuss a presentation for the

container shelter project. ARCHITECT

I

expressed his concems about disclosing too much about their

23

24
25
26

27
28

.

onpublig so-urce inforrnation, I believe BOVIS has worked on the portable toilets
]u Eased
project in th9 past. Specifically, a press release :.rr.2017 stated "...the custom-made, solar-foweiportaUt.
toilet was a desig+ and manufactuiing collaboration between Public Works and Tiny potti'.s,
lntelpris5: owned by San Francisco entrepreneur Nick Bovis..." The website ***.ii"ypotti6scom t -us
Dignity.Spaces listed o1 thgJop,^1ari_ous Victorian style
luilding drawings ana a.scriftio"r, *a
email address associated with BovIS's restaurant, copyright
Di"gnity Spic* zol8 at ihe Uoitonr Fe,
searches of the California Secretary of State Businessieb"site, tli'e S'* Fr*.i."o gor".r-ent
website,
and open source searches, agents have not identified finy fotties
Dig"rly-Sp*Er
i";;rp";;t.eentities.
";

*

;

AFFIDAVIT
FILED I.]NDER SEAL

64

 I got ah an email from [DPW

1

design with others. ARCHITECT 1 said, "oh no worries no yeah

2

EMPLOYEE 4l yesterday, and ah IDPW EMPLOYEE 4] and a tetrJn actually, and then I called and they

J

desperately want the material, here's my only concern is uh, you know you met

4

part of our presentation, and he was with ah, some of the senior officials in the Oakland site reviewing

5

the TuffSheds and SIP panels came up there, and so I'm just, are you sure they're going to act in good

6

faith if we share all of our information?" BOVIS said yes and ARCHITECT

7

DPW won't be shopping around or looking to other." And BOVIS replied, "No, Mohammed will give it

8

to me if ah ah." And ARCHITECT 1 said, "Ok, alright I just wanted to be sure because the SIP panel

9

stuffstarted coming up with all them too. So we definitely don't want." Based on my training and

1

[INDIVIDUAL 5], ah

then said, "You sure

10

experience, and the context of this caIl, I believe BOVIS and NURU had already agreed to grant BOVIS

11

the contract, and BOVIS had no concerns about competition or sharing information with others because

12

he knows he

174.

t3
t4

will win the bid.
BOVIS and NURU continued their contact concerning the bathroom trailer project later

in 2018 as well.

175.

15

On Novemb

er 27,2018, at approximately 8:04 AM, NURU called BOVIS. After

t6 discussing other topics, BOVIS mentioned the batlroom trailer project. BOVIS said, 'No, um, we're
t7 just waiting for the bathrooms right? Haha... They're waiting for the budget right." NURU answered,
18

"Yeah, we're trying to free up our money. You know the city changed financial systems so we're trying

19

to figure out exactly how much money we have and what we don't have. Yeah... But we're close, we're

20

close."

2l

176. On November

30, 2018, at approximately 5:49 PM, BOVIS called

NtlRU. NLIRU

and

22

BOVIS discussed

23

Center (discussed above). BOVIS and NURU also discussed the bathroom trailer project. BOVIS said,

24

"Oh and then um, my guys in Minnesota, I mean, uh not Minnesota, in uh, they were asking me about, I

25

can tell them about uh the order,

26

"Yeah, no, I'm tying, I'm gonna, yeah, I'm gonna get the money especially now that [the mayor's] got

27

this new money that they've found... I think I'm gonna be, make sure I get, I'm gonna try get some'of

28

that for sure." The two then discussed how long BOVIS should tell his builders it would take for the

a

AFFIDAVIT
FILED TINDER SEAL

variety of topics starting with a lease BOVIS is trying to get at the Transbay Transit

I told them in couple months, probably." NTIRU then responded,

65

 1

city to get the funding so they could start the construction. They both decided to give it six months. I

2

believe this shows NI-IRU continuing to use his official position to steer financial opportunities to

5

BOVIS.

177.

4

The last topic BOVIS and NURU discussed during this call was a Thanksgiving Day

5

voucher deal where BOVIS gave vouchers to NURU. NLIRU then gave the vouchers to his employees

6

who had to work on Thanksgiving. The employees could then eat for free at BOVIS' restaurant, Lefty's

7

Ballpark Buffet. BOVIS would then give the vouchers that were turned in for the free meals back to

8

NURU and NTIRU would pay for the meals out of DPW funds. NTIRU said, "(Jf) Yeah so, prepare that

9

invoice for me and put the discounts on it." And BOVIS said, "Yeah,

I

did 50yo." NURU then replied,

10

"(UI) Ok, oh good, perfect perfect.. . Yeah, then give it to me and I'[

11

processed." BOVIS then thanked NURU, "Thank you so much Mohammed." And NLIRU said, "Yeah,

T2

no problem, no problem. And then we'll do the same thing for Christmas or any other holiday coming

13

up. You let me know... Yeah, so any other holiday or like or any day you think you'Il have low

t4

attendance, you let me know,

15

conversation by talking about The Broadway Grill, which had been closed for months due to a fire.

t6 BOVIS

said,

I can do the

sarne

have

it processed, yeah I'11 have it

thing, my friend, you know." BOVIS then ended the

"Alright, oh um Broadway Grill will be opened up pretfy soon too. I'm working with the

now." And NURU

said, "Ok, yeah that would be nice

(tJI)." BOVIS replied, "Yeah,

T7

chef right

18

whatever you need, yeah whatever you want to bring there, I'11take care of

t9 alright, that sotinds good." Based on my training

it."

And NURU said, "Ok,

and experience, and the context of this

call,I believe

20

this is another example of how NURU grants BOVIS financial opportunities as Director of DPW and in

2t

retum, NTIRU gets perks such as free meals from BOVIS' restaurants. Agents have previously seen

22

NI-IRU eat for free or at a discount at The Broadway Grill.

23

178.

On January 29,2019, at approximately 7:00 PM, NURU called

BOVIS. BOVIS and

24

NTIRU were discussing their schedules and trying to find some time to meet. BOVIS asked NURU,

25

"No no. I got to stay down here tonight, can uh, should we meet tomorrow then? Would that be better?,,

26

NTIRU said he would try for Thursday. The two then joked around about BOVIS going to meet NURU

27

in City Hall. BOVIS said, "Let me get ya on Thursday, or you want me to come by down to your

28

office? See ya

d9*

AFFIDAVIT
FILED UNDER SEAL

there?

Or?" And NTIRU answered, "No don't come by to my office (laughs).,, And
66

 1

BOVIS laughed as well, "Ok No No. Ok I know. O1c Oh god I'm sony (laughs)." BOVIS then laid out

2

why he could not meet NURU tonight and said, "The only problem tonight is that um earlier I was

J

gonna meet ya

4

continued, "Yeah. So

5

and BOVIS continued) They they got to

6

this call, I believe BOVIS and NURU were going to meet to talk about one of the schemes they are

7

currently involved in, such as the bathroom trailer project, homeless shelter project, or another money

8

making scheme. NTIRU eventually went to BOVIS' restaurant, The Broadway Grill. I further believe

9

NURU wants to hide his relationship with BOVIS from his coworkers since he does not want BOVIS

10

going to his office. It is unknown what BOVIS was talking about when he said he "didn't get enough

11

for me," "someone got to me," and "They they got to me," but based on my training and experience, and

t2

the history of this investigation, I believe it may possibly be a reference to cash.

13

179.

I didn't get enough for me, right now." And NURU said no problem and BOVIS

I'll

go in the morning and

uh... Someone got to me before... (NURU then laughed

me." Based on my training and experience, and the context of

On February 13,2019, at approximately 6:12 PM, BOVIS called

NIIRU.

The two

l4

discussed the batlroom trailer and homeless shelter schemes. BOVIS told NURU he had attended a

15

meeting earlier in the day where they discussed temporary homeless housing shelters and that his

r6

contractors could build the shelters in eight weeks and it needed to be completed by June 31, 2019 "so

t7

it's pretly crazy." NURU responded "'We can, they can knock it out and get it done. I mean those are the

18

good kinds of projects, ilght?" BOVIS went on to say that in order for his contractors to be paid quickly,

t9

he needed to have

20

business's description with the city. After saying he sent his final proposal for the bathrooms to [DPW

21

EMPLOYEE 5], BOVIS said he "sent the other thing to the uh lawyer and uh he's looking into that area

22

there to see

23

responded he would like to set up a meeting with BOVIS and "the lady

24

my contact, I'm a build, she's my contact who's getting me all the information through those guys, these

25

guys...These guys, they own casinos in uh China."

if it's

it

set up

with the city and that he needed to add "temporary structures" to his

doable. ..'cause he's uh, they're lobbyists and um lawyers just for gaming." NLIRU

26

27
28
AFFIDAVIT
FILED UNDER SEAL

67

I'm dealing with...because

she's

 1

180.

NIIRU switched to another call and called BOVIS back shortly thereafter.17 During the

2

follow up discussion, BOVIS said "And then um, the bathroom thing too, I'm good with that too now...I

J

a

got it all, he's gonna build it even better, so I'm happy by that." NURU responded "Ok, well, we're all

4

good. We're all good man. We're do some good stuff there and, you know, take care of everything,

5

yeah." BOVIS said he needed to get his restaurant Lefty's going (which opened in a new location near

6

Fisherman's Wharf in November 2018) and NURU responded "'W'e're gonna do that too. We're gonna

7

figure that out, yup, we're gonna figure that one out." NURU said that GIRLFRIEND

8

working on finishing up a project for BOVIS regarding BOVIS' restaurant. BOVIS and NURU returned

9

to the subject of building a casino and they discussed the photograph of the site NURU sent BOVIS.

1

was still

10

NURU said the pictures showed "a hundred and forty-seven acres. It's huge" and "they own that

11

land...yeah so you know, anything we can do there, and they're willing to come up here, so they're

12

starting to look at some land up here." BOVIS responded, "Yeah, I can get, I can get the guys to help

13

them with the fcasino] license for sure." BOVIS went on to say his lobbyist/attorney contact works in

t4

Los Angeles and Sacramento and specializes in gaming in Califomia on non-Native American land.

15

181.

On February 14,2019, at approximately 6:49 PM, NfIRU called BOVIS. BOVIS said

"I

16

just wanted to uh, so I've been working with uh, they're working really fast on this emergency contract

t7

thing" and asked if there was

18

plans and proposals. NURU responded, "You have to get, you have to get the contract first, when you

t9

get the contract...when you get the contract." BOVIS then switched topics to helping NLIRU and said

20

"So um, then I got the other guy, uh, for that site down there, I think that area there, he can uh, work

a way

2l with them for that um, thing, so if

to get a deposit for the work that his contractors have done on the

you wanna um, I can introduce or we can put that together for the lady

22
23

24
25

26
27
28

17

It bears notin_g_that NURU was not honest with BOVIS about the person he was talking with
on the other line. NIIRU was_talking with CONTRACTOR 1 about the delivery of a tractor
CONTRACTOR 1 was coordinating,.roRu told BOVIS he bought a new traitor and that the company
YT_qy_inglo get directions to NURU's vacation home and was confused as to where to go.
CONTRACTOR 1 did not ask for directions and there were no-records of any other call "awing this
period. Based_on_my_training and experience and the context of this call, I beiieve NURU knoivs his
conduct with CONTRACTOR 1 and others in connection with the Vacition Home Scheme is illesal
-- --^-D*'
and, even thourgh he is engag.Illl.g"l conduct with BOVIS, NTIRU is atemfting
compartmentalize how much BOVIS knows about NIIRU's other schemes. This cdnclusion
is
supported by-another intercepted call between NURU and GIBLFzuEND 1, discussed
Uefow, wirere the
two discuss the need to limit how many people know about N[lRU's vacatiLn trome.

i;

AFFIDAVIT

FILED UNDER SEAL

68

--

 1

down in Los Angeles too." N{IRU said "but I need to sit down with you to lay everything out...because

2

yeah, that way, that way...when we meet with my person, the few of us can, can lay

J

I82.

it out."

BOVIS then switched the conversation back to the bathroom trailer proposal. BOVIS

4

said that DPW EMPLOYEE 5 was out, but he sent his proposal to her this moming. NURU responded

5

"she told me, she told me something, uh like, uh, like uh, 79,000 or something like that?" BOVIS

6

responded "Yeah,

7

just wanted to, they added all the solar stuffin there and all this stuff, uh, I had to uh, they added

8

delivery." BOVIS said he can'Just lower it" if he has to." NLIRU responded "Let's see. Don't worry."

9

BOVIS and NURU then had the following conversation:

if you

need

it different, just let me know and I'11 change whatever, uh, I need to do, I

10

BOVIS: Just if you want to tell me what to do and I can do it.

11

NI-IRU: I don't know. I don't know because of how we, let's just go with it and see, yeah, yeah."

l2

BOVIS: Oh shit, I should have asked you first, sorry.

T3

NURU: Yeah (laughing). That's ok.

t4

BOVIS: Um, ah fuck, oh.

15

NURU: That's ok

t6

BOVIS: (Laughing) Oh boy, I haven't learned all these things, I'm sorry Mo.

t7

NURU: Don't worry, don't worry

18

BOVIS: Ok

19

NURU: Ok

20

BOVIS: Next time I'll do it the other way

2t

NURU: Yeah

22

183.

23

24

At the end of the conversation NURU said "Ok, let me work, let me work on this big one

because that's the one we need to get

184. On February

in."

19,2019, at approximately 10:32 AM, NURUreceived a call from BOVIS.

25

BOVIS said DPW EMPLOYEE 5 was not answering her telephone, but that BOVIS wanted to ask "if,

26

um, the guy that's doing the um, bid, uh whatever, the proposal for um, the sprung unit, and all of those

27

things, he wanted to know

28

"Yeah, they can...yeah they should, I mean they should be able to, I mean, just go ahead and
do it with
AFFIDAVIT
FILED UNDER SEAL

if

if they could

award the contract to my company." NTIRU responded

69

 I

I

yo*

company name. Don't, don't (UI)...if there's a problem, we'll cross it, but right now, that's where
roadblock, we'll figure out how to unblock

it."

2

we're going...yeah, if we run into

J

training and experience, and the context of this call, I believe NTIRU was telling BOVIS that he would

4

conect any problems with BOVIS' bid to enswe that BOVIS wins the contract

5.

5

6

185.

a

Based on my

Vacation Home Scheme

Agents have also intercepted numerous calls indicating that NLIRU is remodeling his

7

vacation home in Stonyford, California. The home has been extensively remodeled largely by

8

contractors from San Francisco. It is approximately a three and a half hour drive from San Francisco to

9

Stonyford. As noted above, in this economic climate and given the considerable extra expense to a

10

customer, it is remarkable that NLIRU has contractors from San Francisco driving three and a half hours

11

one way to work on his vacation home.

12

with the City and County of San Francisco for this work. He also appears to be using his official

13

position to obtain discounted work from a DPW employee [DPW EMPLOYEE 6] who has promised to

t4

charge NURU a discotrnted rate for concrete work and assured NTIRU that he would not put him

15

harm's way" by bringing other city employees to work on the vacation home.

T6

186.

NURU appears to be using specific contractors with business

"in

One of the contractors who is sending workers to work on the vacation home,

l7 CONTRACTOR 1, is the CEO

and Vice President of a company that has received numerous contracts

18

with the City and County of San Francisco, including a2018 contract with DPW worth more than $2

t9

million (according to publicly available information). CONTRACTOR

20

NURU with construction equipment to use in grading projects at NTIRU's vacation home. At the same

2t

time that CONTRACTOR

22

home, it also appears that he was receiving behind-the-scenes support from NURU to resolve issues with

23

city projects, including a project to replace sidewalks on Van Ness Avenue in San Francisco.

24

187.

I

1 also appears

to have provided

was communicating withNIJRU about assisting him with the vacation

For example, during a recorded call on September L4,2018, CONTRACTOR 1 and

25

NTIRU discussed one of CONTRACTOR 1's employees who would be arriving with equipment to work

26

on NTIRU's vacation home. Later in the same conversation, CONTRACTOR

27

for assistance with a city project, saying "sounds really good, so, hey, um, keep in mind that, you
know,

28

the properby with [street in San Francisco], right, that piece of land
there, right so
AFFIDAVIT
FILED LTNDER SEAL

70

I

appeared to ask NURU

if you can do

 I

something." NIIRU intemrpted and said "Promise...yeah um [DPW EMPLOYEE 1], has been injury

2

duty this whole week, so he hasn't been here, but he is working on that for me to figure out how we can

J

make it all clean and legit and yeah, so there is no long-tenn problem." CONTRACTOR 1 responded

4

"Perfect, perfect, perfect, okay Mo...thank you man."l8

188.

5

Based on a number of intercepted communications and emails, CONTRACTOR 2 (who

NIIRU in South America and China

6

arranged free or subsidized travel and lodging for

7

above), also appears to be providing free or subsidized work on NURU's vacation home, including a

8

"crew" of workers that was coordinated with CONTRACTOR 2's son and sent to the home in February

9

20t9.

10

i89.

as described

Along with CONTRACTOR 1, CONTRACTOR 3 also appears to be helping NURU

11

with his vacation home. CONTRACTOR 3 is the owner of a separate construction engineering firm

T2

based in the Bay Area that is focused on govemment contracts that has performed work on a number

t3

projects for the City and County of San Francisco. CONTRACTOR 3 is an associate of NURU's and

l4

has traveled internationally with

15

CONTRACTOR

16

1 arranged

190. For exarnple,

t7 CONTRACTOR

him. lntercepted communications indicate that CONTRACTOR

of

3 and

to deliver a new John Deere tractor to NURU in February 2019.
on February 7,2079 at approximately 4:32 PM, NURU called

1. CONTRACTOR 1 told

NURU that he "spoke with ICONTRACTOR 3]

re

and the

18

John Deere is ready. You need to give me two days, available days, on weekdays in the next two weeks,

t9

he uh, John Deere have to deliver and teach you how to operate

20

they'llpick one of those days to make it work for you."

2t

1

91

.

On February

ll , 2}l9,at

approximately

11

:28

it,

so you need to give me two days and

AM, NTIRU called CONTRACTOR

1.

22
18

During another call, on September 26,2078, at approximately 8:55 AM, NTIRU called
CONTRACTOR 1. In the call, CONTRACTOR 1 discussed a contracihe had with the City and was
asking-NURU for help. CONTRACTOR I said, "Hey, so I sent you an e-mail on the other-e-mail. Um,
24 that...tha..._[9opstry9ti9lgompany] is working on theJob on Van Ness. And the...
And, there were three
h:.*-ql [UnintelligilleJ_I need !o_cut. -I'm. doing the-side work. And the, and the, andyou know the
25 sidewalks. And the
[UI]. It's significantly, it s a liule different so they're putting in all new trees similar
size everythin_g.-B_gt
lhey ag"i:4 the removal of the trees at ftqlq*fig ,ira t ,[ r.nd you th"pup".*o.t,
26 yoq know." NIJRU then
asked for the address and CONTRACTOR I'continued btpir-di"g'"iutar.rt
and said "4!4, uqL!-o-I send it tq y91r, See.if you_could take a look at and r.. iftf,trib fi-;?hid;;
27 he.lp out with." NlIRu.rgsponded
i';Okuy,let me look at it." NLIRU then foliow.Jrp *itf, u n*iU., of
calls to other city officials and employees about sidewalk issues with the Van Ness
project.
28
23

Ie

Based on other intercepts, agents believe this is a reference to CONTRACTOR
3.
AFFIDAVIT
71

FILED LINDER SEAL

 I

CONTRACTOR I confirmed that NURU would be at his vacation home on the following Tuesday so

2

that he could receive the delivery of something. In later intercepted conversations, it was revealed that

3

CONTRACTOR

4

that he will nail down the delivery and that [CONTRACTOR 3] might want to visit the ranch with

5

CONTRACTOR

192.

6

1

I

was coordinating the delivery of the new John Deere tractor. CONTRACTOR 1 said

during the weekend. NLIRU said CONTRACTOR 3 could come to the ranch as well.

On February 18,2019, at approximately 11:56 AM, NURU called CONTRACTOR 3.

"I am going to

7

They discussed how beautiful NfIRU's new tractor was and CONTRACTOR 3 said

8

make another hip um probably next week to bring the attachments....so I got one more attachment that

9

is a bore attachment, another attachment that is a grading attachment for spreading rock and leveling

10

things, ok, I'm glad they made it over there." NURU responded "Nice, nice. I just furished my training

11

coluse (laughs)" and CONTRACTOR 3 replied "Good. That is the only reason I wanted to coordinate.

t2

Otherwise, I wouldn't have told them to deliver it, but uh, there are a few things that need to be, go over,

t3

and how things connect and that stuff."

193.

t4

NURU had a similar conversation with CONTRACTOR I the following day. On

l.

15

February 19,2019, at approximatelyT.46 AM, NURU called CONTRACTOR

16

discussedNllRU's newtractor and CONTRACTOR 1 asked if NLIRU was happy with it. NURU

t7

responded "Yeah, yeah, very nice.

18

sure."

194.

l9

It's a nice tractor. Very nice, you know, it's

The two of them

a modern tractor

for

Between July 2018 and February 2019, Agents also intercepted numerous calls between

20

NLIRU and DPW EMPLOYEE 6 about providing concrete work on NIIRU's vacation home. NURU

2t

has intervened with the employee's supervisor on separate occasions to make sure the employee has

22

authorization to visit NURU or take time to work on the vacation home. DPW EMPLOYEE 6 appears

23

to be providing NURU with a discounted rate for the labor. Both have acknowledged the need to keep

24

the arrangement confi dential.

195.

25

For example, on December 5,207g, NURU called Dpw EMpLoyEE 6, at

26

approximately 5:07 PM, to ask about the work on NURU's home for the upcoming
weekend.

27

Describing the crew he will have working on the home, DPW EMPLOYEE
6 stated, ,,I,ll have,

28

myself,

I'll be there, and then I'll

AFFIDAVIT
FILED TINDER SEAL

have four, four guys and one apprentice, so
72

we,ll

be there.,,

I,ll

have

NURU

 1

then inquired, "Okay good and uh, these people are not uh, they're not City people are they?" DPW

2

EMPLOYEE 6 replied, 'No, no...You don't have to worry, you don't have to worry about none of that

J

stuff." NURU

4

reassured NURU,

5

context of this call and prior intercepted communications, I believe NLIRU is attempting to limit

6

knowledge of his vacation home scheme to specific trusted City employees or associates.

196.

7

stated "Okay, no that's good I just wanted to make sure." DPW EMPLOYEE 6 then

"I wouldn't put you in harrn's way."

Based on my training and experience, the

Regarding the discounted rate, on December 8,2018, at approximately 5:18 PM, DPW

8

EMPLOYEE 6 called NIIRU. During the call, they discussed the cost of the concrete work and had the

9

following interaction :

NURU:

10

So um, ok, well,

just let me know, let's look at it, you know, and work the

11

numbers man, you know,

12

man.

13

L4

'

Employee:
NURU:

t7
18

t9
20

done

I hear ya. I'm just charging you per guy, that's all I'm doing.
I know, but you gave me a little estimate for, you know, before,
remember? So

15

t6

I'm a little broke. I'm just trying to get this

Employee:
NIIRU:
Employee:
NURU:
Employee:

That estimate was $6,700, to set it up.

No no no. It was $4,400. I wrote it down in the book
No it was sixty-seven. I have it in my book, but I told you
Ohhlrh

I'm

gonna do it for less, but I just don't know how much less.

27

Based on the context of this call and my training and experience,

22

discounted price for DPW EMPLOYEE 6's concrete work because ofNI-IRU's position as the Director

23

of DPW. Such evidence further underscore's NURU's intent to improperly use his official position
for

24

personal gain.

25

197

'

f beheve NTIRU is getting charged

a

The investigation has also analyzed.known financial accounts for N1IRU.
Although the

26

investigation identified more than $200,000 that NURU has spent on
home improvement (between

27

approximately January 2017 andMay 2Ol9), to date no payments to
CONTRACTOR

28

CONTRACTOR 2, CONTRACTOR 3, or DPW EMPLOYEE
6 have been identified. Based on my
AFFIDAVIT
FILED LTNDER SEAL

t)

1,

 1

training and experience, and based on intercepted communications, I believe these contractors are

2

providing labor and equipment for construction on NURU's vacation home for free or at a subsidized

J

rate so they can continue to obtain city contracts, as well as receive NIIRU's support in resolving any

4

issues that may arise with existing and future contracts with the City or, in the case of the DPW

5

EMPLOYEE 6, any issues that may arise with his future employment.

6

198. On February

19,2019, at approximately 9:55 PM, NIIRU called GIRLFRIEND

1.

7

During this call, NURU explained how the six workers building his new barn did all of their own

8

cooking. Additionally NURU and GIRLFRIEND

9

limiting the number of people who know about NIJRU's vacation home:

10

NURU:

lt
GF

1:

t2
T3

t

had the following exchange where they discussed

(call minimized)...back on my projects again and I just need to be careful, I don't,
need to watch myself carefully.

I

Yep, don't tell a lot of people. That's what you really need to be carefrrl

of

because that's what's gonna get you in the end.

NURU:

t4
GF

1:

15

What do you mean "That's what's gonna get me in the end?" Everything is legit.
What are you talking about?

Well all these people are gonna start saying stuff and speculating and this and
that. You don't need that headache.

16

NURU

No, I don't, I don't need that headache.

t7

GF

So you don't run your mouth. That's what

18

NURU

That's true, that's true. I'11 stay away from these people.

t9

GF

Yeah, 'cause I mean random people have been like, maybe like a year ago, or
eight months ago, telling me about your ranch, and I'm like "How in thJhefl do
these people know?"

1:

1:

20

2t

I'm

saying.

NI.IRU:

Yeah, they'll never find it, even people that have the address carurot frnd it.
(laughs)

GF

I know, right?

22
1:

23

NIIRU:
24

The lumbeT t r.5 guy who was delivering lumber twice today could not find it.
He was an hour late because I had to go look for him.

25

26

27
28

199-

Based on my training and experience, and the context of this call, although
NURU

initially said his projects were legitimate, I believe he would not be concerned
with people finding his
vacation home if all of the work was legitimate and paid
for by legal income.
AFFIDAVIT
FILED LINDER SEAL

74

 1

IV.

CONCLUSION

200. Based on the foregoing facts and my training and experience,

2

I respectfully submit there

J

is probable cause to believe that NURU and BOVIS committed honest services wire fraud, in violation

4

of Title i8, United States Code, Sections 1343 and 1346,

5

kickback to secure arestaurant lease at San Francisco lnternational Airport.

6

V.

7

as

part of their scheme to use a bribe and/or

REQUEST FOR SEALING

201. Because this investigation is continuing, discloswe of the Complaint, this affidavit,

8

and/or the arrest warrant will jeopardize the progress of the investigation. Discloswe would give the

9

targets of the investigation an opportunity to destroy evidence, change pattems of behavior,

notiff

10

confederates, or flee from prosecution. Accordingly, I request that the Court issue an order sealing the

11

Complaint, this affidavit, and the arrest warrant until firther order of the Court.

t2
13

fld*

t4

t9
20
21

'

Special Agent, Federal Bureau of Investigation

l6

18

EPg+

4!g{,m,sA. FOLGER

15

17

6

Sworn to and subscribed before
me this _12_auy of January,2020

/or(HON. SALLIE KIM
United States Magistrate Judge

22
23

24
25
26
27
28
AFFIDAVIT
FILED TINDER SEAL

75