Case 3. 20- mj- 7-0028- MAG Document 1 Filed 01/15/20 Page 1 of 79 flaw n? u- s? . "r?f?ail . 3 . . . Th,? if: .- I 9' FEE?ner; J- LULU UNITED STATES DISTRICT COURT . sea-II: for the CLERK U. 8. BEST: COLIRT mom DISTRICT OF CALIFORW 91 (Rev. 1) Criminal Complaint Northern District of California United States of America v. MAG Case No. MOHAMMED COLIN NURU and NICK JAMES BOVIS Defendan?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) of March 22. 2018?__. in the counties of San Francisco 8: San M8190 in the Northern District of California the defendant(s) violated: Code Section O?ense Description 18 U.S.C. 1343, 1346 Honest Services Wire Fraud Honest Services Wire Fraud This criminal complaint is based on these facts: Please see the attached af?davit of Special Agent James A Folger. if Continued on the attached sheet. 4 a CONWIUIHGH Signature? Approved as to form 4 JamesA Fol er 8 ecial A ent FBI AUSA Scott oiner Primed name and ride Sworn to before me and signed in my presence. Dae: . MM Judge '5 signature City and state: San Francisco, CA Hon. Sallie Kim, U. Magistrate Judge? I'M?red? name c?m?d? mic I""?If7b U.) U1 Case Document 1 Filed 01/15/20 Page 2 of 79 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA. I AFFIDAVIT 0P FBI SPECIAL AGENT JAMES A. POLGER IN SUPPORT OF CRIMINAL Plamutf, COMPLAINT MOI-IAMMED COLIN NURU and NICK JAMES BOVIS Defendants. AFFIDAVIT Case Document 1 Filed 01/15/20 Page 3 of 79 A TABLE OF CONTENTS I. INTRODUCTION AND AGENT QUALIFICATIONS 1 II. COUNT 1: HONEST SERVICES WIRE FRAUD AIDING ABETTIN 3 FACTS ESTABLISHING PROBABLE CAUSE 5 A. Summary of the Airport Scheme 5 B. Summary of Additional Evidence of Corrupt Intent and Modus Operandi 8 1. Multimillion-Dollar Mixed-Use Development Scheme 9 2. Transbay Transit Center Scheme 9 3. Bathroom Trailer Scheme and Homeless Container Shelter Scheme 10 4. Vacation Home Scheme 10 C. Details of Airport Scheme and Additional Evidence of Corrupt Intent 11 1. San Francisco Airport Scheme 11 SFO Contracting Process 11 (ii) BOVIS Prepares Another Bid With CHS-87857 and CHS-87856 For a Restaurant at SFO 12 The January 24, 2018 Meetings at SF0 and Broadway Grill 12 BOVIS Arranges for BOVIS, NURU, AIRPORT COMMISSIONER 1, CHS-87856 and CHS-87857 to Meet. 15 The March 19, 2018 Meeting at the Broadway Grill With BOVIS, CHS-87857, CHS-87856, and NURU. 18 NURU Tells BOVIS to Provide a $5,000 Bribe for AIRPORT COMMISSIONER 1 23 BOVIS, NURU, and INDIVIDUAL 1 Meet at the Broadway Grill 24 BOVIS Arranges a Meeting with AIRPORT COMMISSIONER 1 25 The April 4 Meeting at the Broadway Grill Involving BOVIS, UCE-7982, CHS-87856, CHS-87857, NURU, and AIRPORT COMMISSIONER 1. 26 BOVIS Meets with UCE-7982 on April 5, 2018. 32 AFFIDAVIT i FILED Case Document 1 Filed 01/15/20 Page 4 of 79 BOVIS Distances Himself From UCE-7982 42 (iv) Renewed Contact: NURU Meets with the Con?dential Sources in his Of?ce 47 2. Multimillion-Dollar Mixed-Use Development Scheme 50 3. Transbay Transit Center 56 4. Bathroom Trailer Scheme and Homeless Container Shelter Scheme 60 5. Vacation Home Scheme 70 IV. CONCLUSION 75 V. REQUEST FOR SEALING 75 AFFIDAVIT ii FILED Ix.) Ix.) Ix.) Lu Ix.) Case Document 1 Filed 01/15/20 Page 5 of 79 AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT I, James A. Folger, Special Agent with the Federal Bureau oflnvestigation, being duly sworn, hereby depose and state the following: I. INTRODUCTION AND AGENT QUALIFICATIONS 1. I submit this affidavit in support ofa criminal complaint against Mohammed Colin NURU and Nick James BOVIS. As set forth below, there is probable cause to believe NURU and BOVIS committed honest services wire fraud in violation of Title 18, United States Code, Sections 1343 and 1346. by participating in a scheme to bribe a San Francisco Airport Commissioner (AIRPORT COMMISSIONER l) to vote to select a restaurant af?liated with BOVIS for an airport lease, and to have the same airport commissioner persuade two other commissioners, whom BOVIS said vote in a block with AIRPORT COMMISSIONER 1, to vote for it as well. Additionally, the intent and BOVIS is informed by several other ongoing schemes to deprive citizens of honest services by the two targets. 2. I am a Special Agent of the FBI and have been so employed since entering the FBI Academy in August 2012. I am sworn and empowered to investigate criminal activity involving violations of federal law. I am currently assigned to San Francisco Division Public Corruption Squad, which investigates abuse of public office in violation of criminal law, which includes fraud, bribery, extortion. conllicts of interest, and embezzlement. My investigative experience includes, but is not limited to: conducting wire communication interceptions; interviewing subjects, targets and witnesses: executing search and arrest warrants; handling and supervising con?dential human sources; conducting surveillance: and analyzing phone records and ?nancial records. Additionally, I received jm'is doctor and Master of Business Administration degrees from the University of San Francisco in 2012. 3. During my employment with the FBI, I have received formal classroom and field training at the FBI Academy in Quantico. Virginia and graduated from the New Agent Training Program. My training and experience includes, but is not limited to, public corruption, fraud against the government, drug traf?cking. gangs. organized crime. and RICO investigations. I have also received additional formal and on-thc-job training from the FBI, as well as from the United States Attorney?s Office and AFFIDAVIT 1 FILED DJ U1 Case Document 1 Filed 01/1?120 Page 6 of 79 other federal agents who have done extensive work in the areas of ?nancial crimes and public corruption. I have participated in several investigations involving public corruption, bribery, and fraud. and have been the lead agent on several ofthose cases. I have worked on multiple wiretaps while investigating public corruption and gangs. I have received formal training in wiretaps at the FBI academy in Quantico. Virginia as well as on thejob training while working on wiretaps in active investigations. 1 have also received training on phone records and cell tower analysis from members of the Cellular Analysis Survey Team (CAST) and have used this knowledge in numerous investigations. 4. To successfully conduct these investigations. I have utilized a variety ofinvestigative techniques and resources including, but not limited to. physical and electronic surveillance, witness interviews. various types ofint?iltration to include confidential human sources, and cooperating sources. I have utilized pen register and trap and trace devices. mail covers. pole cameras, stationary video recording vehicles, undercover operations. and audio and audio/video recording devices. 5. I make this Af?davit based upon personal knowledge derived from my participation in this investigation and upon information I believe to be reliable from the following sources. among others: a. my experience investigating honest services wire fraud and other illegal activity relating to public corruption; b. oral and written reports about this investigation that I have received from members of the 12 Bl; c. physical surveillance conducted by the FBI, the results of which have been reported to me either directly or indirectly; d. information obtained from undercover agents; e. recorded conversations; and f. con?dential human sources. 6. Because this af?davit is being submitted for the purpose of establishing probable cause in support ofthe requested Complaint. it does not set forth each and every fact that I, or others, have learned during the course ofthe investigation. Rather. I have set forth only those facts that I believe are necessary to establish probable cause and to provide the Court with an overview ofthe facts that 2 FILED Ex.) IQ to Lu Case Document 1 Filed Page 7 of 79 establish and pattern ofeorrupt conduct and intent to defraud. Unless otherwise indicated. where actions, conversations, and statements of others are described below, they are related in substance and in part. In addition, unless otherwise noted, wherever in this Affidavit I assert that a statement was made, the information was provided by another FBI agent, law enforcement of?cer. recording, or witness who may have had either direct or hearsay knowledge ofthat statement and to whom I or others have Spoken, or whose reports I have reviewed. 7. The conversations summarize below were largely derived from various meetings and intercepted communications. Collectively, these meetings. calls, and communications were documented in FBI reports and summaries. These reports and summaries describe recorded conversations involving subjects ofthe investigation, during which the subjects at times use code words and/or language to disguise conversations about their criminal schemes and related activities. The reports are summarized based on agents? interpretations of the conversations. Some of these reports and summaries contain interpretations of coded words, language, and vague identifiers. It may be that subsequent review of the recorded conversations and verbatim transcripts may show changes from the summaries initially prepared. Quotations from the recordings are based on informal transcriptions of portions of certain key recordings. which may not be exactly the same as formal transcriptions that are later prepared. 11. COUNT 1: HONEST SERVICES WIRE FRAUD AIDING ABETTING (18 U.S.C. 1343, 1346, 2) 8. Beginning in or about January 2018, and continuing through on or about April 4, 2018, in the Northern District of California and elsewhere, the defendants NURU and BOVIS, aided and abetted by each other, knowingly and with the intent to defraud, participated in. devised, and intended to devise a scheme and artifice to defraud the public ofits right to the honest services of public officials through bribery and kickbacks in breach ofthe officials? fiduciary duty, by means of materially false and fraudulent pretenses, representations, and promises, and by means of omission and concealment of material facts. On or about March 22. 2018, in the Northern District ofCalifornia and elsewhere. for the purpose of executing the aforementioned scheme and artifice to defraud and attempting to do so, the defendants did knowingly transmit and cause to be transmitted in interstate and foreign commerce, by AFFIDAVIT 3 FILED DJ 10 11 12 Case Document 1 Filed 01/15/20 Page 8 of 79 means ofa wire communication, certain writings, signs, signals, pictures, and sounds, Speci?cally, a telephone conversation that was transmitted in interstate commerce between a con?dential source and in violation of Title 18, United States Code, Sections 1343 and 1346. 9. Title 18, United States Code, Sections 1343 and 1346, prohibit honest services wire fraud. The elements of the offense are as follows: a. The defendant knowingly devised or participated in a scheme to defraud the public ofits right to the honest services of a public of?cial through bribery or kickbacks in breach of the of?cial?s ?duciary 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; c. The scheme or arti?ce to defraud involved a deception, misrepresentation. false statement, false pretense, or concealment that was material; and d. 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. 10. Title 18, United States Code. Section 2, provides that ?[w]hoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.? I l. Honest services wire fraud does not require the bribe or kickback be completed. or that official action was actually taken, because the criminal act is the creation of a "scheme" to defraud. See Pasquaniino v. United States, 544 US. 349, 371 (2005) (?the wire fraud statute punishes the scheme, not its success") (citations, quotations omitted): Sc/ireiber Disn'ib. C0. Sew?Well Furniture Ca, 806 F.2d 1393. 1400 (9th Cir. 1986) (for mail and wire fraud. it is not necessary to show that the scheme was successful or that the intended victim suffered a loss 01' that the defendants secured a gain); see also UnfiedSlales v. Kimbrew, 944 F.3d 810. 815 (9th Cir. 2019) (liability for bribery Ofa public of?cial. in violation of 18 U.S.C. ?does not depend on an outcome; the offense is complete at the moment of agreement, and that agreement need not even be accompanied by the bribe recipient?s genuine intentions to follow through?). In addition, ?anyone who knowingly and intentionally participates in the execution of fraudulent scheme comes within the prohibition ofthe mail and wire fraud statutes regardless of whether the defendant devised the scheme." United States v. Holden. 908 F.3d 395. 400 (9th Cir. 2018) (citation omitted). cert. denied, 139 S. Ct. 1645, 203 L. Ed. 2d 918 (2019). AFFIDA 4 FILEI Case Document 1 Filed 01/12/30 Page 9 of 79 A FACTS ESTABLISHING PROBABLE CAUSE A. Summary of the Airport Scheme 12. Mohammed NURU is the Director of Public Works (DPW) for the City and County of San Francisco, and Chair of the Transbay Joint Powers Authority Board. Based on publicly available data, the total DPW budget exceeded $500 million in both ?scal years 2018 and 2019.1 As Director, NURU has great in?uence over contracts and construction projects granted by DPW. The investigation to date has revealed NURU also uses his position as the director of DPW to attempt to in?uence other city agencies and of?cials. Agents have intercepted multiple communications relating to what appear to be a number of gi?s and bene?ts given to NURU in exchange for his in?uence as Director of DPW, including receiving cost-free or subsidized accommodations and travel to South America and China, and receiving packages of unspeci?ed goods from various individuals engaged in business with DPW. I believe this evidence shows that NURU has leveraged his position to assist individuals who may bene?t him ?nancially, including individuals who provide him with free meals, gifts, and travel, and in return ask NURU to use his of?cial position and in?uence to assist them with DPW approvals, contracts, and/or other City business 13. As described below, there is probable cause to believe NURU, along with San Francisco restauranteur Nick BOVIS, participated in a scheme to win a bid for a restaurant lease at San Francisco International Airport (SFO) by bribing and/or paying a kickback to a public of?cial, namely a member of the San Francisco Airport Commission. 14. The San Francisco Airport Commission is a public agency consisting of members appointed by the Mayor of San Francisco. Among other duties, the Airport Commission is in charge of contracting with restaurants and other businesses to lease space in the airport. By law, the process is required to be a competitive bidding process, in which the highest or best responsible bidder is awarded the contract. S.F. Admin. Code for the Airport Commission, 2A.173. 15. I believe the facts described below show a scheme by BOVIS and NURU to provide a See In FY 2018, the DPW budget totaled approximately $536 million. This was an increase of over $100 million from FY 2017, when the budget totaled approximately $422 million. In FY 2019 the total budget for DPW was approximately $525 million. AFFIDAVIT 5 FILED 16 Case Document 1 Filed 01/1520 Page 10 of 79 bribe to AIRPORT COMMISSIONER 1. The purpose ofthe scheme was to have NURU persuade AIRPORT COMMISSIONER I. who is one ofthe ?ve members of the Airport Commission and whom NURU helped obtain a position on the Commission, to vote to select a restaurant af?liated with BOVIS for an airport lease, and to have AIRPORT COMMISSIONER I persuade two other commissioners, whom BOVIS said vote in a block with AIRPORT COMMISSIONER I, to vote for it as well. As BOVIS explained to a con?dential source during a recorded call, in order to win the bid, NURU had instructed BOVIS to provide $5.000 to NURU for AIRPORT COMMISSIONER I as well as a free trip for AIRPORT COMMISSIONER to the city where the con?dential source?s company (referred to below as ?Company is based.2 More speci?cally, during the recorded call on March 21, 2018, BOVIS said: ?So he told me, he goes, ?just give me, between me and you, I didn?t want to say it front ofthe other people.? he said. "if you give me like $5.000 bucks cash for her and send her off to [the City where Company is based] to meet you guys and I?ll get it taken care of.? And I said BOVIS then told the con?dential source, ?So, I?ll take care ofthat and get her out there to you." I believe this conversation shows NURU directing BOVIS, in private, to provide a $5,000 bribe and arrange for a free trip for AIRPORT COMMISSIONER in exchange for help winning the airport lease. BOVIS agreed to the scheme when he said BOVIS and NURU then took concrete steps to implement the scheme by arranging a private dinner with AIRPORT COMMISSIONER I and bringing an enveIOpe full of cash to the meeting. 16. On April 4. 2018, BOVIS met with an undercover employee and two con?dential sources at his Burlingame restaurantjust prior to their dinner meeting with NURU and AIRPORT COMMISSIONER I. After being asked about the $5.000, BOVIS responded, ?Mohammed is real private about that stuff so don?t let him know I said He saidjust give her an and that will be between me and know, better no one knows. I?ll take care ofthat and then I?ll work out with Mohammed on my side. I?m going to do some things for him.? BOVIS then showed the UCE that BOVIS had a signi?cant amount of cash in an envelope. 17. As described below, personal efforts to implement the scheme and his 2 The company is referred to as Company in this af?davit to protect the identity ofcon?dential sources. AFFIDAVIT 6 I. .1 pun 1mm 8111100111 0141 01 pamoqs 101.112 mp 0111) 3103 ?g Indy 110 '61 011101105 0111551105113 01 pun 53111100111 01? 511121110 pup, 150312550111 1x01 ?sum 90qu ?51 113111? 011m pasn p111; SIA08 15011011 5.1 HHNOISSIWWOQ omnd 9111 81111111de anlaq], 59011105 [1311mm 1100 0111 pure SIAOH 01 051201 0111 [3.19.1113 0113B IBIOLUO ?13-10.! 0131113me I HHNOISSIWWOD 01 PUB SIAOEJ 0.101100 01 0511130 01012q01d 51 0.10111 ?1110100 [1910p 3.10111 11! paqposap 5V '55900.1d 0A11110c11uoo 12 u} pougulqns 0.112 up. 1013113 lappyq 150113111 .10 150q 0111 100105 01 pun ssopuas .150qu spy/10m 011(1np ?3 ouqnd 59"?0 I HEINOISSIWWOD ?19913.10 onqnd 3 3V '81 03135 13 111 111d 01 SIAOQ 01 KQLIOLLI 01p, 01 90.1n05 [Bumpguoa 9m p101 139015111 521111.101'11113 101110 .10 11101000101110.1101 01 1011131100 0111 101121 SIAOH .10 {13 113111 uopeogpuy ?ue 11101111.? pun 1n0q12 ?upnm 512m 0115/2111 1011.11 00.11105 0111 H59 ?mil 1811181 HEINOISSIWWOD 10.1 1113mm 0319 P914 A9111 3?11 0P pInoqs ?0111 11311111 moqte .Iauugp aq1?u1mp [[11:11 Kmamsgp 50011105 [13011013111100 0111.10 0110 uaqm ?1110111101 uaddml 0.19m? ?3111100111 0111125 0111 ?uymp 101121 1 HHNOISSIWWQQ 01 1119111011315 5111 Kq paouapyxe 10111411] 5! uouedgogued ?ugmom 5mg [1 .1014 amass 01 1013.10 111 (111113 11.11.1111 HHNOISSIWWOQ ?ugpgAOJd passnosgp saomos [Buuopguoo mp pun ?ag? 0111 uaqm 1u0501d 512m 1101111113 17 0111112 [391111.112 1 HHNOISSIWWOQ 910.198 0311913559 5.1 HEINOISSIWWOD 10.1 e?umloxa 111 9Q 51101112110p 110115 X1112 p0015.10pun 011 19111 'B?u111301pu1 ??s1u13m 0115 511110.18 qqum 1110113 no? 191 [1.3 m" *pappe HEINOISSIWWOD 01 31191 sq 1nq 1110.1duou ?3 DELI 19111 PQPUOGSO-I '1 HHNOISSIWWOQ 1111.111 palpueq 1500 11011125.10A1100 1? 512m 112141 10111911111 .10 9111 01>[01aq moqta 01312111 011 111911111100 12 moqp. 31 A08 1305513 33f] 01p ?.{ngpedg 0011131515513 .1011 e?ueqoxa 11! 3111500110 5? 1 HHNOISSIWWOQ 5110111221u13810 1130.1d-u0u 01 suogmuop 01113111 01 mad passnosgp Kenn 191111113 3103 ?61 qomw 0111 ?ugmq 'Jauugp 3103 ?17 [udv am 11?. aounpuaun 5111 512 ?am 512 ?53011105 paguapguoo 01p put; ?gg? 01,11 me 101111113 3103 ?61 110mm 13 113 sauepuaue 5111 &q pa113.10q0.1.100 0511a 51 1uaLu0A10Au1 31111110101 511?1 5011111 1u12A0101 01p 11: I put} SI A08 1111.? 131211100 pamadal 5?03 moqs 1131p 5010001 auoqd Kq pa1u.10q0.1.100 0.113 (EDD am pm; 50011105 paguapguoo 01 SIAOQ Kq 512) SI A08 1111M 51101112510111100 ?uywugulymug 6140 IT 3619cl 057917130 I 3519:) rd 0! Case Document 1 Filed Gilli/2?0 Page 12 of 79 .. AIRPORT COMMISSIONER 1 with an envelope full of cash), BOVIS told the UCE that, after the con?dential sources and the UCE left the dinner, he had a discussion with NURU and AIRPORT COMMISSIONER 1 and offered AIRPORT COMMISSIONER 1 the cash payment he had brought with him to dinner. BOVIS stated that AIRPORT COMMISSIONER 1 did not want the money. BOVIS also told the UCE (and later one of the con?dential sources) that he no longer wanted to move forward with the $5,000 payment and that he should not have suggested it. He continued to discus with the UCE, however, the possibility that the scheme could instead proceed through a kickback payment. Speci?cally, instead of an upfront $5,000 bribe, BOVIS could ?take care of? things through licensing fee, which would allow BOVIS to receive a percentage of the money from the restaurant at the airport, after they were awarded the contract. BOVIS told the UCE that he had already told one of the con?dential sources that he would make his licensing fee 4% instead of explaining ?it?s not much but it?s enough to take care of all and I would have to take, do that myself.? The UCE asked, ?Is that already arranged between you and, is that through, Mohammed?? BOVIS con?rmed, ?Yeah, that way everybody is separated, you know.? Such a payment would constitute a kickback, again depriving the public of AIRPORT COMMISSIONER 1?s honest services. 20. The scheme agreed upon by NURU and BOVIS, however, never came to fruition after BOVIS and others became suspicious the UCE was working on behalf of law enforcement. As BOVIS explained it to the UCE during a recorded conversation on April 5, 2018, ?Well, in my brain, what if this is some sort of FBI sting or something?? Despite apparent concerns about the UCE, and the discussion of a bribe on April 4, 2018, NURU remained willing to meet with the same con?dential sources and did so again in his of?ce at City Hall on February 13, 2019. During that meeting he again offered assistance securing an airport concession as well as a lease at the Transbay Transit Center. B. Summary of Additional Evidence of Corrupt Intent and Modus Operandi 21. The investigation to date has also identi?ed additional evidence of the defendants? corrupt intent and modus operandi. This evidence includes the following additional schemes: (1) Multimillion-Dollar Mixed-Use Development Scheme; (2) Transbay Transit Center Scheme; (3) AFFIDAVIT 8 FILED p?I'i?t r?a i?I i?l Case Document 1 Filed Dilly-2?0 Page 13 of 79 A . Bathroom Trailer and Homeless Container Shelter Scheme; and (4) Vacation Home Scheme.3 I summarize this evidence below and provide additional detail in the sections that follow. 1. Multim?illion?Dollar Mixed-Use Development Scheme 22. As part of this pattern of conduct, intercepted communications show that NURU has attempted to use his of?cial position to bene?t a billionaire developer in China who was involved with deve10ping a large multimillion-dollar mixed use project in San Francisco, California. This individual has been identi?ed by the FBI and is referred to below as DEVELOPER 1. In exchange for travel and lodging, high-end liquor, and other gifts and bene?ts, NURU admitted to working behind the scenes to use his of?cial position to help DEVELOPER with developing a large, multimillion-dollar mixed-use project in San Francisco. In own words, ?Yeah this guy you know he's, the guy with the hotels, he's been hooking, uh he's the one hooking us We don't, yeah, we don't uh we don't um we don't pay any hotel or anything. They take care of us. They give us good rooms and good 1 has] a whole list of things that we need to get Oh yeah, but I mean, he doesn't you know, he doesn't give money or anything. He lets us stay in his hotels and stuff. He makes all the arrangements for us, which is good. And nice places.? The corrupt nature of this arrangement was corroborated by an message sent from NURU to DEVELOPER 1 on November 4, 2018, shortly after NURU had received luxury accommodations from DEVELOPER 1 during stay in China. The message from NURU stated: ?Thank you very much for all your generosity while we were in China. We had a great vacation and my daughter had a wonderful time. I will do my very best to see that your project gets completed. Look forward to seeing you in San Francisco when you come.?4 2. Transbay Transit Center Scheme 3 This af?davit is limited to facts believed to be suf?cient for the requested Complaint and does not summarize all evidence known to investigators or every potential scheme uncovered by the investigation to date. 4 State and local ethics and disclosure laws require of?cials like NURU to (among other things) report potential con?icts of interest and list the gifts they have received, including meals and travel, every year on a document known as a Form 700. NURU never disclosed any of the travel, accommodations, or other gifts he received during his 2018 trip to China. I believe this is evidence of intent to defraud and his desire to hide the bene?ts he has received from DEVELOPER l. AFFIDAVIT 9 FILED Case 3:20-mj-7gg28-MAG Document 1 Filed Gilli/?0 Page 14 of 79 23. As noted above, NURU also serves as the Chair of the Board of Directors for the Transbay Joint Powers Authority (TJPA). The TJPA was created by a group of public agencies to oversee, among other things, contracting at the Transbay Transit Center. The TJPA has publicly stated that leases at the Transbay Transit Center would be evaluated based on a point system, determined by the tenant?s pr0posed product, experience, ?nancing, local ties, and other similar criteria. Similar to his efforts in furtherance of the Airport Scheme, NURU appears to have used his position as the chair of the TJ PA to attempt to secure a desirable lease for BOVIS in the Transbay Transit Center in exchange for bene?ts provided by BOVIS. As described further below, NURU also pitched investment in the Transbay Transit Center to FBI con?dential sources (in the Spring of 2018 during meetings about the airport scheme) and indicated he would also help them obtain a lease there. During those recorded conversations, NURU shared what he described as con?dential information about ongoing lease negotiations. During another recorded meeting at of?ce on February 13, 2019, NURU indicated his continued willingness to help FBI con?dential sources in a similar manner.5 3. Bathroom Trailer Scheme and Homeless Container Shelter Scheme 24. As the director of the DPW, NURU also has in?uence or control over contracts to purchase portable bathroom trailers. The bathroom trailers are being placed, or are intended to be placed, in various San Francisco locations to alleviate unsanitary conditions caused by the City?s ongoing homelessness problem. NURU also has control or in?uence over a project for the City to purchase tiny container-type portable housing for use by the homeless. NURU has assisted BOVIS with his bids for these projects by, among other things, providing BOVIS with inside information regarding both projects. For his part, BOVIS indicated to his business partners that the competitive bidding process for one of the projects was ?just a formality.? 4. Vacation Home Scheme 5 During this same meeting NURU also said he was again willing to help the con?dential sources with a 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 con?dential sources in April 2018 or (2) the fact that the Airport Scheme never came to fruition. AFFIDAVIT 10 FILED Case Document 1 Filed 01/1520 Page 15 of 79 25. NURU owns a vacation home in Northern California near the Mendocino National Forest on Lodoga Stonyford Road in Stonyl?ord. The home has been extensively remodeled by contractors largely From San Francisco. It is approximately a three and a half hour drive from San Francisco to Stonyford. Currently in San Francisco and the Bay Area, construction and remodels are very common. Local contractors typically have more work than they can handle in the immediate Bay Area. In this economic climate and given the considerable extra expense to a customer, it is remarkable that NURU has contractors from San Francisco driving three and a half hours one way to work on his vacation home. Notably, some ol?these contractors currently have business with the City and County of San Francisco. One contractor who is sending workers to work on the vacation home, referred to here as CONTRACTOR l, is the CEO and Vice President ol"a company that has received numerous contracts with the City and County of San Francisco, including a contract with DPW worth in excess of $2 million in 2018. As described below. CONTRACTOR 1 appears to have received behind?the?scenes support from NURU to resolve issues with a large?scale project to replace sidewalks on Van Ness Avenue in San Francisco. Based on my training and experience. and on intercepted communications, I believe these contractors are working on vacation home for free or at a subsidized rate sothey can continue to obtain contracts with the City and DPW, as well as receive support in resolving any issues that may arise with existing and future contracts. C. Details of Airport Scheme and Additional Evidence of Corrupt Intent 1. San Francisco Airport Scheme SFO Contracting Process 26. The SFO Airport contracting process is a competitive selection process that consists of multiple steps. During the planning stage. airport stal?l?determine the basic business terms, including type ofbusiness. location, length of lease. minimum bid, rental rate. required and optional merchandise or services. operational requirements. and construction/improvement requirements. 27. A Request for Proposal (RFP) is then issued that describes the business opportunity and Although the home is technically located in Stonyford, intercepted communications Show that NURU and other subjects olien refer to the vacation home as being in ?Ladoga? or "Lodoga" (Lodoga, CA is next to Stonyford. CA). For purposes ol?this af?davit. I use both Stonyford and Lodoga to refer to vacation home. AFFIDAVIT ll U.) 16 Case Document 1 Filed 01/1520 Page 16 of 79 establishes the quali?cation requirements for prospective proposers or bidders with directions on how to submit a proposal or bid. The document also includes the selection criteria that the airport will use in evaluating the proposal. Following the RFP, an Informational Conference is then made available to the public to explain selection process and agreement speci?cations. 28. The RF bids are then submitted by mail or in person. The proposals are then evaluated and ranked by a panel using the criteria previously outlined in the RFP. The highest bidder/top?ranking proposer then meets with the Human Rights Commission (I-IRC) representative and enters into a non- discrimination-employment agreement. The selection process then enters into the ?nal stages. The San Francisco Airport Commission. which is the Airport?s governing body. approves the award ol?the agreement. The Airport Commission is a public agency established by a San Francisco City Charter in 1970. The Commission consists of five members appointed by the Mayor ol?San Francisco to four?year terms. AIRPORT COMMISSIONER is a current member ot?the Airport Commission. If necessary, the agreement is then approved by the Board of Supervisors and rati?ed by the Mayor. The successful bidder or proposer then becomes an airport tenant. 30. The SFO RFP process is required by law to be a competitive process. The San Francisco Administrative Code sets forth the powers and duties of the San Francisco Airport Commission. Per Section 2A. 1 73, the San Francisco Airport Commission "shall also have sole power. subject to a competitive process and award to the highest or best responsible bidder or prOposer to lease out any concession wherein the concessionaire is to be given an exclusive right to occupy space on or in airport lands or buildings." (ii) BOVIS Prepares Another Bid With CHS-87857 and CHS-87856 For a Restaurant at SFO The January 24, 2018 Meetings at SF0 and Broadway Grill 31. On January 24, 2018, and attended an outreach meeting at SFO. At this time. both CBS-87857 and 87856 were cooperating with the FBI. As part ol'this cooperation. they made recordings oftelephone conversations and in?person meetings with BOVIS and other 12 Case 3:20-mj-7gg28-MAG Document 1 Filed Page 17 of 79 subjects. 7 32. The January 24, 2018 SF 0 outreach meeting provided information regarding a new SFO concession RFP. The RFP was for Terminal 1 food and beverage concession leases and included nine separate leases. The RFP and the Informational Conference were intended to ?inform interested parties about the competitive selection process for this Concession Opportunity? at SFO. The criteria were based on the Proposer?s concept, design intention, amount and source of capital investment funds, and customer service and quality control. One of the leases, Lease was for a chicken quick-serve restaurant. As set forth in the RFP, the submittal deadline for proposals was May 2, 2018. 33. The Terminal 1 Retail Concession Leases RFP Speci?cally prohibited any attempt to communicate with or solicit any City and County of San Francisco elected of?cial, member of the Airport Commission, and/or any other City or Airport Commission personnel, except as instructed by the RFP, with the intent to in?uence the outcome of the selection process. Per the Terminal 1 Food and Beverage Concession Leases, Request for Proposals, Addendum No. 2 dated January 29, 2018: 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 RFP or by ?nal action of the Airport Commission and the Board of Supervisors, Proposers and potential Pr0posers, and/or their representatives or interested parties, shall communicate with the Airport only as instructed in Part 112 of this RFP. Any attempt to communicate with or solicit any City and County of San Francisco elected of?cial, member of the Airport Commission, and/or any other City or Airport Commission personnel, except as instructed in this RFP, with the intent to in?uence the outcome of the selection process or award of the Lease is prohibited. Failure to comply with the 7 CHS-87856 cooperates with the government in exchange for consideration in a pending federal investigation of CHS-87856 and Company X. I am unaware of any indication that CHS-87856 has been untruthful or unreliable 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 Traf?cking in a Motor Vehicle with Altered Identi?cation 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 and reliable, another witness has provided information that suggests CHS-87857 did not disclose an incident involving a prior bribe to a public of?cial before CHS-87857 began cooperating with the FBI. Speci?cally, agents interviewed a witness in June 2018 regarding a separate public corruption case, and that witness stated that CHS-87857 paid for dinners, drinks, hotel rooms, and clothing/sport merchandise for public of?cials. In return, these public of?cials shared information with CHS-87857 about a Request for Proposal (RFP) before the RFP was publicly announced and while the public of?cial was writing the RFP. CHS-87857 was later awarded the contract. This happened before was cooperating with the FBI. CHS-87857 did not disclose this to the FBI. AFFIDAVIT l3 FILED Case Document 1 Filed 01/1512? Page 18 of 79 communications protocol of this RFP may, at the sole discretion of the Airport, result in the disquali?cation 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. 34. On January 24, 2018, after the SFO outreach meeting, CHS-87857 and CHS-87856 met BOVIS at the Broadway Grill, restaurant in Burlingame, California. The meeting was recorded. At the restaurant, BOVIS, CHS-87857 and CHS-87856 discussed the Terminal 1 RFP and, in particular, Lease They also discussed submitting a proposal to obtain the Lease #5 concession contract for a branch of the Spinnerie, a restaurant located in San Francisco that BOVIS owns. BOVIS told CHS-87 857 and CHS-87856 that he would ask his resources in San Francisco city government to determine how to guarantee the concessions opportunity at SFO. 35. One of the ?resources in San Francisco city government? that BOVIS identi?ed was Mohammed NURU, the Director of DPW. Regarding NURU, BOVIS stated, ?this guy here, he?s head of DPW, he?s come through.? After identifying another high-level city of?cial, he continued, . .they?re all, they?re all, on the, so it?s all good.? When asked for clari?cation, BOVIS ?irther explained, ?they all work, like, side deals.? BOVIS added, ?so that?s the ones that you need.? 36. Based upon my training and experience in historic and ongoing investigation of public corruption in the City and County of San Francisco, I believe that the term ?side deals? refers to paying bribes, kickbacks, and other favors in exchange for of?cial actions from city of?cials. 37. BOVIS told CHS-87857 and CHS-87856 that NURU was ?my best guy that come through for me. He?s never failed me. Like when he said he?d gonna do something he did it.? With respect to the SFO concession contracts, BOVIS said of NURU, ?I?m gonna ask him about the airport and I?ll get exact details.? BOVIS also said that NURU ?knows how to cover his back on all this stuff so it?s not a con?ict or nothing? and offered to set up a meeting with everyone at the Broadway Grill the next time CBS-87857 and CHS-87856 were in town. Based on my training and experience, I believe when BOVIS said NURU ?knows how to cover his back,? he meant NURU has possibly concealed illegal activity in the past. 38. Discussing their previous failed SFO restaurant bid, BOVIS told CHS-87857 and CHS- 87856 that he thought having the late mayor involved would be enough to get a public of?cial to award AFFIDAVIT 14 FILED Case Document 1 Filed Gilli/i0 Page 19 of 79 A them the bid, but he did not realize how political the process was. BOVIS said thought I did everything right but I don?t know what happened.? He continued, thought the mayor was the best I could do but obviously it wasn?t. See, the problem, in San Francisco too, the politics are just crooked, you know what I mean? And they can go sideways. They even undermine the people in charge.?8 BOVIS Arranges for BOVIS, NURU, AIRPORT COMMISSIONER l, CHS-87856 and CHS-87857 to Meet. 39. On February 8, 2018, at approximately 9:35 am, OHS-87857 made another recorded call to BOVIS. BOVIS said the previous night he met with AIRPORT COMMISSIONER 1, and she said she wanted to go with him personally and thinks she ?is going to talk about what she would take to do it.? I believe such a meeting was a violation of the RFP rules described above, which bar ?[a]ny attempt to communicate with or solicit any member of the Airport Commission with the intent to in?uence the outcome of the selection process or award of the Lease.? In addition, based on my training and experience, 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 airport lease. 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, arranged his meeting with AIRPORT COMMISSIONER 1 so he will meet with her privately and NURU said he would ?take care of her and she?ll make it happen.? BOVIS said he would ask AIRPORT COMMISSIONER 1 if they needed to get the lawyer involved since he knows the rest of the commissioners. BOVIS said he told AIRPORT COMMISSIONER 1 they want Lease #5 and after that, they may want to meet with the lawyer. BOVIS and CHS-87857 coordinated travel plans for late February. BOVIS said he was going to call AIRPORT COMMISSIONER 1 to make the appointment and CHS-87857 said he would ?y to the Bay Area for the meeting. BOVIS encouraged CHS-87857 to research AIRPORT COMMISSIONER 1 and reiterated that his friend, the head of DPW, apparently meaning NURU, was very close with her. BOVIS told 8 BOVIS also discussed paying a former elected of?cial to lobby for the airport lease, but expressed concern that it might be too expensive and/or might not be successful. According to BOVIS, NURU would know what to do to ensure they obtained the lease. AFFIDAVIT 15 FILED Case 3:20-mj-79g28-MAG Document 1 Filed 01/15/3120 Page 20 of 79 OHS-87857 that last night AIRPORT COMMISSIONER I told BOVIS to ?call me right away.? BOVIS told CHS-87857 he would call AIRPORT COMMISSIONER 1 and see what she says about the lawyer. 41. Telephone records con?rm the February 8, 2018, call between CHS-87857 and BOVIS. In addition, telephone records show BOVIS spoke to NURU on February 6, 2018 and February 7, 2018. Based on the February 8, 2018 conversation between BOVIS and CHS-87857, and my training and experience, I believe the purpose of these calls was to schedule the meeting with AIRPORT COMMISSIONER 1 and to discuss assistance she might provide regarding leases at the airport. BOVIS also spoke to NURU during a telephone call on February 13, 2018. I believe NURU was the conduit between BOVIS and AIRPORT COMMISSIONER 1 and this call was to request help to facilitate a meeting with AIRPORT COMMISSIONER 1, CHS-87856, and CHS-87857. 42. On February 22, 2018, at approximately 11:48 am, CHS-87 857 made a recorded call to BOVIS. BOVIS said he was likely meeting with her [believed to be AIRPORT COMMISSIONER 1] on Tuesday. BOVIS and CHS-87857 Spoke about a chicken restaurant?s suitability for airports. BOVIS said he was going to set up this upcoming appointment with her and then a meeting after. BOVIS said he would ??nd out what it takes to do it? and ask her ?straightforward? if he needs to hire the attorney ?to guarantee it.? BOVIS said he was going to ask her direct questions and ?get more of a guarantee.? BOVIS told CHS-87857 that ?she is the shot caller down there.? BOVIS stated ?his friend? knows all the airport commission members, so they ?have maybe four of the seven votes for sure. I just need to work on the other three and uh, I?ll see how many anybody else I can get to that knows the other three.?9 BOVIS explained he does not want to do this one like last time when he thought it was done and it was not. CHS-87857 told BOVIS to look into the lawyer and BOVIS said they might need to hire the lawyer ?just to cover everything.? BOVIS said he would call CHS-87857 after the meeting with AIRPORT COMMISSIONER 1. 43. On February 28, 2018, at approximately 10:19 am, CHS-87857 made a recorded call to BOVIS. BOVIS said he had a meeting that night and asked if CHS-87857 had any speci?c questions for 9 Based on the SFO Airport Commission website, the Airport Commission consists of ?ve members appointed by the Mayor. AFFIDAVIT l6 Case Document 1 Filed 01/1532? Page 21 of 79 A AIRPORT COMMISSIONER 1. CHS-87857 told BOVIS to tell her they wanted Lease the chicken location, and that every time he has tried he has lost, so he wanted to see how she can help. BOVIS added, ?What does it take to get it done?? and OHS-87857 continued, ?What does she want for it?? CHS-87857 and BOVIS discussed scheduling a meeting for CHS-87857 to meet AIRPORT COMMISSIONER 1 in mid-March. BOVIS reminded CHS-87857 that his friend, NURU, knew all the people on the board. BOVIS said he would ?ask COMMISSIONER 1] about to ensure that I get this done right if I need to hire [the lawyer], or if I need to deal with her, so I?m going to ask.? 44. On March 1, 2018, at approximately 12:40 pm, CHS-87857 made a recorded call to BOVIS. BOVIS said he took AIRPORT COMMISSIONER 1 to dinner and the meeting went well. I believe such a meeting was again a violation of the RFP rules barring communication with members of the Airport Commission seeking to in?uence the outcome of the selection process. BOVIS said he explained to AIRPORT COMMISSIONER 1 that they lost the last two bids at the airport. According to BOVIS, AIRPORT COMMISSIONER 1 told BOVIS the Airport Commission normally works in unison, with two commissioners and AIRPORT COMMISSIONER 1, and two other people for a total of ?ve of them, all trying to vote together. BOVIS said AIRPORT COMMISSIONER was going to research whether there was any opposition, but that AIRPORT COMMISSIONER 1 was in position to ?nd local people rather than a big company. AIRPORT COMMISSIONER 1 said the person who put them in touch has never asked for a favor and she would gladly do it for them. Based on previous conversations between BOVIS and CHS-87857, I believe the ?person? was a reference to NURU. 45. According to BOVIS, AIRPORT COMMISSIONER 1 said to ask her any questions but she was con?dent she could help them secure the lease after she got all the information. BOVIS told CHS-87857 that AIRPORT COMMISSIONER 1 said, ?she?ll make sure we get in.? According to BOVIS, AIRPORT COMMISSIONER 1 also said the lawyer was not necessary. BOVIS stated, ?This just requires me to take care of, just like I was going to take care of the mayor before, I?ll just, take care, I?ll do it on my side with the, the head of DPW, the one who introduced us so I?ll take care of that.? BOVIS said he would schedule a meeting with AIRPORT COMMISSIONER 1 at the Broadway Grill the week of March 19. 46. Based on my training and experience, I believe reference to taking care of things AFFIDAVIT l7 Case 3:20-mj-7g28-MAG Document 1 Filed 01/1629 Page 22 of 79 on his side with the head of DPW was a reference to BOVIS paying for assistance, or providing other items of value, in exchange for help in securing the lease. I believe BOVIS and NURU were therefore working together on a scheme to defraud the public by depriving it of AIRPORT COMMISSIONER 1 honest services. 47. BOVIS and CHS-87857 then had a series of recorded calls about scheduling a meeting. On March 1, 2018, at approximately 12:52 pm, CHS-87857 called BOVIS. BOVIS and CHS-87857 discussed scheduling a meeting the week of March 19 at the Broadway Grill. On March 9, 2018, at approximately 9:20 am, OHS-87857 called BOVIS. OHS-87857 and BOVIS discussed the status of the upcoming meeting. BOVIS told CHS-87857 he "talked to Mohammed again and she seems thinks she can do it, I just want to have you meet her, talk to her." BOVIS said he was trying to set up the meeting for the 19th, and would con?rm later. BOVIS said he had "already told her about the meeting." On March 13, 2018, at approximately 6:39 pm, CHS-87857 called BOVIS. BOVIS said he was trying to schedule the meeting for March 19 and would contact CHS-87857 when it was con?rmed. On March 14, 2018, at approximately 1:36 CHS-87857 called BOVIS. BOVIS con?rmed the meeting was scheduled for March 19 at 6:30 pm. at Broadway Grill with AIRPORT COMMISSIONER 1 and NURU. asked to meet 30 minutes to an hour beforehand. BOVIS agreed. BOVIS further said that he thought CHS-87857 should meet AIRPORT COMMISSIONER 1 because he's going to be doing other stuff out there. BOVIS told CHS-87857, "Break through the wall, the barrier. Get you into the airport and after it?s done maybe you could get four or five of them in there." Telephone records con?rm each of the previously described calls between CHS-87857 and BOVIS on cellular telephone. Based on my training and experience, I believe BOVIS arranged the March 19 meeting with NURU and AIRPORT COMMISSIONER 1 in order to ?irther the scheme to defraud the public of AIRPORT COMMISSIONER 1?s honest services. The March 19, 2018 Meeting at the Broadway Grill With BOVIS, CHS-87857, CHS-87856, UCE-7982, and NURU. 48. On March 19, 2018, at approximately 11:17 am, CBS-87857 made a recorded call to BOVIS. BOVIS said he left a message with AIRPORT COMMISSIONER 1 to con?rm the meeting. CHS-87857 con?rmed the meeting time and said CHS-87 856 and a friend who represents a lender AFFIDAVIT l8 Case Document 1 Filed 01/15/20 Page 23 of 79 A would be there. Unbeknownst to BOVIS, and as described in further detail below, the ?friend who represents a lender? would in fact be an FBI undercover employee, UCE-7982. 49. Telephone records con?rm the aforementioned call between CHS-87857 and BOVIS on cellular telephone. Telephone records further show BOVIS called AIRPORT COMMISSIONER 1 on March 19, 2018, at approximately 11:16 am, just prior to the call with CHS- 87857. 50. On March 19, 2018, UCE-7982, and CHS-87857 met with BOVIS at the Broadway Grill. That meeting was recorded. After being seated at a table, BOVIS explained that AIRPORT COMMISSIONER 1 was not in good health and would not be joining them that evening. BOVIS stated that NURU is the head BOVIS to meet AIRPORT COMMISSIONER 1. According to BOVIS, AIRPORT COMMISSIONER 1 had told him ?Mohammed never asked me a favor with the airport so I?m going to give it to him.? BOVIS added that NURU was friends with other members of the commission, mentioning two commissioners in particular, so they could talk to NURU about everything. According to BOVIS, NURU coordinated it all and ?she,? believed to be referring to AIRPORT COMMISSIONER 1, was the one who appointed the CEO of the airport. BOVIS explained to UCE-7982 that they did not get the previous two bids because the selections are made at a mid-management level and not high up, such as at the mayor level, which was why last time connection with the late mayor did not work. . 51. BOVIS instructed everyone they could be straightforward with NURU and ask Whatever they wanted to ask him. BOVIS explained that NURU told him AIRPORT COMMISSIONER 1 and AIRPORT COMMISSIONER 2 work in tandem and always vote together. Speci?cally, BOVIS said ?they have a little system,? and ?they don?t vote against each other.? BOVIS explained that there are ?ve commissioners and AIRPORT COMMISSIONER 1 and two other commissioners always vote together so they have the majority. He later continued, ?and the other two they play with.? 52. BOVIS said NURU knows AIRPORT COMMISSIONER 1 because NURU helped AIRPORT COMMISSIONER 1 get her job at the Airport Commission. According to BOVIS, NURU has been around for over 20 years and has worked in every city department. BOVIS explained that NURU is currently the Director of the Department of Public Works, which he described as ?a power?il AFFIDAVIT 9 FILED Case Document 1 Filed 01/520 Page 24 of 79 spot.? BOVIS stated that AIRPORT COMMISSIONER 1 said the chicken spot was pretty easy because AIRPORT COMMISSIONER 1 had looked into the competition and did not see anything yet. BOVIS then stated that they needed to get ahead of the vote because the vote would be decided ahead of time. 53. BOVIS continued by saying NURU was reliable and they had worked on a couple projects together. asked BOVIS if everyone could talk ?straight out? with NURU and BOVIS con?rmed they could and said, ?I?m good friends with him.? Based on my training and experience, BOVIS was con?rming they could speak plainly with NURU about how much they would pay for the favor of assistance with winning the bid, because of level of trust with NURU. CHS-87857 went on to explain they did not want to spend 30-40 thousand dollars on a project and, BOVIS ?nished the statement by saying, ?not get it.? 54. CHS-87857 asked BOVIS if NURU would want something. BOVIS replied that BOVIS would do something for NURU, and that NURU was giving BOVIS more deals. BOVIS stated, ?I?ll take care of him.? CHS-87857 asked about other deals for their group; BOVIS responded that they could talk to NURU about that and BOVIS could be the middleman. BOVIS said they have to be careful but once NURU got to know them, it wouldn?t be a problem. BOVIS added, ?He just, uh, can?t ask you for anything. That?s the rules. Like he can?t ask you, need this for free.? You need to make the offer.? Based on my training and experience, I believe when BOVIS referred to making an ?offer,? he meant providing NURU something of value for his assistance with securing the lease at the airport or other public sector business opportunities. 55. At that point, NURU joined the group and they moved upstairs to a more private table. NURU explained that AIRPORT COMMISSIONER 1 could not attend dinner that night because of health issues. BOVIS introduced NURU to CHS-87857, CHS-87856, and and provided NURU with some background about all of them. NURU then started discussing the Transbay Transit Center, its size, anticipated concession opportunities there, and explained that he, NURU, was in charge of the project. I am aware that NURU is the Chair of the Transbay Joint Powers Authority Board. 56. NURU explained that AIRPORT COMMISSIONER 1 was a commissioner at the airport and she was disappointed she could not attend the meeting that evening. (Telephone records con?rm NURU and AIRPORT COMMISSIONER 1 connected earlier that day by telephone at approximately 20 FILED p?s Case Document 1 Filed 01/153130 Page 25 of 79 a 3:37 pm.) BOVIS explained to the group that they attempted the ?rst location, Lefty O?Doul?s, and he did not ask NURU or anyone and he thought it was a ?slam dunk.? BOVIS later realized the winner had secured a licensing agreement with COMPANY so they could not beat them. NURU added, ?those kinds of places are pretty competitive, the politics, but she said she had done some legwork for you. She?ll do it.? NURU explained that AIRPORT COMMISSIONER 1 had been at the airport for a long time and she said she would help. NURU continued, didn?t know you had this problem until recently.? Based on my training and experience, I believe reference to ?this problem? was the inability to have someone help them secure a lease at SFO. 57. BOVIS explained that after they lost the ?rst time, the late mayor said he would help. CHS-87856 explained that when they lost the second attempt, they lost a signi?cant amount of time and money. NURU said he understood and BOVIS added, ?Yeah, we didn?t get through so this time I told them, this time I would try to do it right. That?s why I talked to you.? NURU replied, ?She said she?s done some legwork.? 58. NURU continued to tell the group about the Transbay Transit Center and said that at the last board meeting ?they? con?dentially told him whom they were negotiating with to go into the space. NURU identi?ed the largest space as being for a speci?c entity, which he named, but said the information was con?dential. Based on the context of this conversation, I believe when NURU said ?they,? he was refem'ng to members of the Transbay Joint Powers Authority Board. 59. CHS-87856 asked NURU if he knew the group submitted a bid for the Gold Dust to go into the airport a few months prior and BOVIS told NURU that this time they want to take care of the votes ahead of time. NURU said you have to do the legwork. NURU said AIRPORT COMMISSIONER 1 is a very good friend of his and he has never asked her for anything but they do other things together. NURU shared that he and BOVIS met with AIRPORT COMMISSIONER 1 a few weeks ago and she has already done some work on the project for them. UCE-7982 asked if AIRPORT COMMISSIONER 1 could handle everything herself or if they should meet with any of the other board members. NURU said to let her handle that, meaning AIRPORT COMMISSIONER l, and BOVIS added that AIRPORT COMMISSIONER 1 previously told him that three of the ?ve commissioners work together when voting. NURU explained that it was unlikely they could meet with a commissioner without access AFFIDAVIT 2 FILED AWN Case Document 1 Filed 01/15/29 Page 26 of 79 because a commissioner would not meet with them ?out of the blue.? NURU advised to let her, meaning AIRPORT COMMISSIONER 1, do all that work and ?if we need to do something she will tell us.? 60. BOVIS showed the group photographs of the Transbay Transit Center on his computer, and CHS-87856 asked NURU if there was someone they could contact to learn more about the project. NURU suggested they call ?out of the blue? and say they are interested in the Transbay Transit Center and to let him know. NURU said the train has ?left the station? but they can try to tell them they just heard about the project. NURU further offered, ?If there is a slight window, I can get you in, for sure, because I?m the Chairman for them.? Based on the context of this conversation, and based on my training and experience, I believe NURU was saying they were late to be trying to get a location in the Transbay Transit Center, but he was willing to use his position as Chair of the Transbay Joint Powers Authority Board to help the group secure a location. 61. BOVIS also told NURU that he was doing a licensing agreement with the Spinnerie for Lease #5 at SF0, and discussed whether AIRPORT COMMISSIONER 1 has done any ?research.? The group discussed how busy SFO is and potential tenant spaces. BOVIS suggested UCE-7982, CHS- 87856, and CHS-87857 meet with AIRPORT COMMISSIONER and also suggested the idea of AIRPORT COMMISSIONER 1 traveling to the city where Company is based, to meet everyone. NURU said he had plans to meet with AIRPORT COMMISSIONER 1 later in the week and mentioned he needed to meet with INDIVIDUAL 1 since he helps AIRPORT COMMISSIONER l. BOVIS con?rmed the group would follow up with the Transbay Transit Center and NURU told them to call. NURU asked about everyone?s schedule for the following day and BOVIS suggested a tour of the project. NURU provided a contact to CHS-87856 (which CHS-87856 later used to schedule a tour). 62. UCE-7982 asked BOVIS about his comment about giving back to the community or whether that was a conversation best handled with AIRPORT COMMISSIONER l. BOVIS responded that he had a nonpro?t but he would talk to her. NURU added, ?We?ll let you know which groups she wants.? Based on my training and experience, I believe NURU was saying that he and BOVIS would let UCE-7982 know the names of one or more nonpro?t organizations to which AIRPORT COMMISSIONER 1 said they should make a donation in exchange for AIRPORT COMMISSIONER 1?s assistance with the airport lease. In summary, during this meeting, I believe BOVIS and NURU AFFIDAVIT 22 FILED Case Document 1 Filed Ol/lS/Lgo Page 27 of 79 were describing a scheme to offer AIRPORT COMMISSIONER a bribe of a free trip to another city and/or a donation to a designated charitable group in order to deprive the public of AIRPORT COMMISSIONER 1?s honest services in the selection of airport bids. NURU Tells BOVIS to Provide a $5,000 Bribe for AIRPORT COMMISSIONER 63. On March 21', 2018, at approximately 11:23 am, CHS-87857 made a recorded call to BOVIS. CBS-87857 thanked BOVIS for the meeting and BOVIS mentioned he was meeting with NURU and AIRPORT COMMISSIONER 1 on Thursday, March 22, 2018 at 6:30 pm. BOVIS asked if CHS-87857 could ?y AIRPORT COMMISSIONER 1 out to the city where Company is based. CHS- 87857 asked how BOVIS thought the meeting with NURU went. BOVIS responded that he thought the meeting with NURU went well, and stated, ?So he told me, he goes, ?just give me, between me and you, I didn?t want to say it front of the other pe0ple,? he said, ?if you give me like $5,000 bucks cash for her and send her off to [the city where Company is based] to meet you guys and I?ll get it taken care of.? And I said 64. BOVIS then told CHS-87857, ?So, I?ll take care of that and get her out there to you.? BOVIS also said AIRPORT COMMISSIONER 1 was ??ne to talk straightforward to, so it?s not a 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 $5,000 cash bribe for AIRPORT COMMISSIONER 1, along with a free trip to another city, in exchange for of?cial acts which would ensure that BOVIS, CHS-87857, CHS-87856 and Company won the contract for a restaurant concession at SFO. I believe this constitutes a scheme by NURU and BOVIS to bribe AIRPORT COMMISSIONER 1 and defraud the public of AIRPORT COMMISSIONER 1?s honest services. In addition, based on my training and experience, I believe comment that AIRPORT COMMISSIONER 1 was ??ne to talk straightforward to? meant they could trust her and could be direct in their conversation about the exchange of the $5,000 for securing the lease. 65. On March 22, 2018, at approximately 12:43 pm, CHS-87857 made a recorded interstate AFFIDAVIT 23 FILED Case Document 1 Filed 01/15/20 Page 28 of 79 call to BOVIS. CHS-87857 asked BOVIS to determine AIRPORT COMMISSIONER 1?s expectations for the trip to the city where Company is based. BOVIS replied that he thought it should be a one or two night trip so CHS-87857 and AIRPORT COMMISSIONER 1 could meet, take a quick airport tour to see operations, and go to dinner. BOVIS instructed CHS-87857 to text him with any other questions for AIRPORT COMMISSIONER 1. BOVIS believed that if the meeting with AIRPORT COMMISSIONER 1 went well, she might provide assistance for other projects. BOVIS told CHS- 87857 that when he meets AIRPORT COMMISSIONER 1, he should ?be straightforward to make sure we win the vote.? Based on my training and experience, I believe when BOVIS told CHS-87857 to ?be straightforward to make sure we win the vote,? he was instructing CHS-87857 to ask AIRPORT COMMISSIONER 1 how they can be guaranteed to win the vote. 66. Telephone records con?rm the aforementioned call between CHS-87857 and BOVIS on cellular telephone. In addition, telephone records show next call on the same phone was to NURU a few hours later. BOVIS, NURU, and INDIVIDUAL 1 Meet at the Broadway Grill 67. Later on March 22, 2018, agents surveilled a dinner meeting at the Broadway Grill. Agents observed NURU and an unidenti?ed male at a table and saw BOVIS join them shortly after and say, ?Hi 1?s ?rst name].? The group proceeded to have dinner and BOVIS intermittently showed INDIVIDUAL 1 information on his phone and computer. After the dinner meeting, agents observed NURU and INDIVIDUAL 1 depart the restaurant and enter a silver Mercedes registered to INDIVIDUAL 1 and his business. Agents have reviewed driver?s license photographs for the registered owner of the Mercedes, INDIVIDUAL 1, and have determined that he is the individual with whom NURU and BOVIS had dinner. 68. On March 23, 2018, at approximately 1:55 CHS-87857 made a recorded call to BOVIS. BOVIS stated he met with INDIVIDUAL 1, an architect and associate of AIRPORT COMMISSIONER 1, the night prior. INDIVIDUAL 1 told BOVIS that AIRPORT COMMISSIONER 1 had already spoken to INDIVIDUAL 1 about project and explained, ?The way it works is that ahead of time they know who is going to win? and ?she said she?s already been working on it.? BOVIS AFFIDAVIT 24 FILED Case Document 1 Filed Page 29 of 79 also said they had discussed meeting with the Director of SFO BOVIS offered to call NURU to check on AIRPORT COMMISSIONER 1?s health issues and schedule a meeting with her. Based on my training and experience, I believe the reference to ?she?s already been working on it? means that, according to BOVIS and INDIVIDUAL 1, AIRPORT COMMISSIONER 1 was working on securing the votes to ensure BOVIS, CHS-87857, CHS-87856 and Company won the contract for a restaurant at SFO. BOVIS Arranges a Meeting with AIRPORT COMMISSIONER 69. On March 27, 2018, at approximately 8:56 CHS-87857 made a recorded call to BOVIS. BOVIS said he was working on the appointment and CHS-87857 suggested April 3 or April 4. BOVIS said NURU told him AIRPORT COMMISSIONER 1 was home and doing better. CHS-87857 asked if SFO DIRECTOR would be at the meeting. BOVIS replied that he was working on it. BOVIS said they could talk ?freely? with AIRPORT COMMISSIONER 1, but he was not sure if they could be as open with SFO DIRECTOR. BOVIS said he would call OHS-87857 to con?rm the meeting date. Based on my training and experience, I believe reference to talking ?freely? with AIRPORT COMMISSIONER 1 meant that UCE-7982, CHS-87856, and CHS-87857 could discuss their desire for the lease and inquire about what AIRPORT COMMISSIONER I wanted in exchange for guaranteeing they would win. 70. On March 29, 2018, at approximately 1:25 pm, CHS-87857 made a recorded call to BOVIS. BOVIS and CHS-87857 were discussing a potential meeting date when BOVIS received a call on the other line. When BOVIS returned to the call, he stated that the call was ?perfect timing? and the meeting was con?rmed for April 4, 2018 at 6 pm. at the Broadway Grill. BOVIS stated he would text AIRPORT COMMISSIONER 1 to con?rm the meeting. 71. Telephone records con?rm the call between CHS-87857 and BOVIS. In addition, telephone records show BOVIS received a call on the same cellular telephone from NURU on March 29, 2018 at 1:26 pm. The content of the telephone call between BOVIS and NURU was not captured, but based on comment that call was ?perfect timing,? I believe that BOVIS and NURU con?rmed a meeting to discuss the assistance to be provided by AIRPORT COMMISSIONER 1 AFFIDAVIT 25 FILED Case Document 1 Filed 01/15/42? Page 30 of 79 to secure the lease. A review of telephone records also shows NURU called AIRPORT COMMISSIONER 1 just before calling BOVIS. 72. On March 30, 2018, at approximately 9:56 am, CHS-87857 made a recorded call to BOVIS. They con?rmed the meeting on April 4, 2018 and discussed a potential meeting with SFO DIRECTOR. They also con?rmed the meeting with AIRPORT COMMISSIONER 1 would be at 6 pm. BOVIS said he would talk to NURU that day and see if he could schedule that meeting. BOVIS shared that NURU had asked BOVIS what OHS-87857 thought about opportunities at the TransbayTransit Center. CHS-87857 said they could discuss the Transbay Transit Center at their upcoming meeting. Based on my training and experience, I believe that arranging this meeting furthered the scheme to defraud the public of AIRPORT COMMISSIONER 1?s honest services, by creating an opportunity to meet with AIRPORT COMMISSIONER 1 outside the public competitive bidding process in violation of the RFP Rules and also by setting up an opportunity to discuss potential bribe payments in exchange for favorable treatment in the awarding of leases at the transit center and airport. 73. On April 2, 2018, at approximately 12:31 pm, CHS-87857 made a recorded call to BOVIS. BOVIS explained that SFO DIRECTOR could not make the upcoming meeting, but that he was ?aware of what was going on.? BOVIS con?rmed AIRPORT COMMISSIONER 1 would be at the meeting. BOVIS added that the rooftop space became available in the ?Salesforce building? and CHS- 87857 could talk to NURU about it. Based on the project description, I know the Salesforce Tower adjoins the Transbay Transit Center, and that the two buildings are often referred to interchangeably. The April 4 Meeting at the Broadway Grill Involving BOVIS, UCE-7982, CHS-87856, CHS-87857, NURU, and AIRPORT COMMISSIONER 1. 74. On April 4, 2018, UCE-7982, CHS-87856, and CHS-87857 met with BOVIS at the Broadway Grill. This meeting was recorded. BOVIS said NURU and AIRPORT COMMISSIONER 1 would be joining the meeting. BOVIS explained that AIRPORT COMMISSIONER 1 knows the vote before they make the decision on airport bids. UCE-7982 and BOVIS talked about whether payment was needed for NURU and/or AIRPORT COMMISSIONER 1. Speci?cally, CHS-87857 brought up the $5,000 payment for AIRPORT COMMISSIONER 1 that BOVIS said NURU had previously told AFFIDAVIT 26 FILED Case Document 1 Filed Page 31 of 79 BOVIS to provide. BOVIS asked, ?It?s alright to all talk, right?? UCE-7982 said yes. BOVIS replied, was going you don?t need to worry about that. I?ll get all that stuff taken care of. I?ll do I?d like to get this done for BOVIS also said, ?I?ve failed twice so I want to get this one.? Additionally, BOVIS said ?Mohammed is real private about that stuff so don?t let him know I said He said just give her an and that will be between me and know, better no one knows. I?ll take care of that and then I?ll work out with Mohammed on my side, I?m going to do some things for him.? BOVIS then showed UCE-7982 that BOVIS had a signi?cant amount of cash in an envelope. Based on my training and experience, I believe BOVIS was showing UCE-7982 that BOVIS was prepared to make the above-described $5,000 bribe payment to AIRPORT COMMISSIONER 1 as instructed by NURU, and that when BOVIS was saying he would also ?do some things for? NURU, BOVIS meant he would also provide money or other items of value to NURU in exchange for help. I believe that these statements described and scheme to bribe AIRPORT COMMISSIONER 1, provide items of value to NURU in exchange for assistance, and ultimately to defraud the public of AIRPORT COMMISSIONER 1?s honest services in connection with the airport bid. 75. At that point NURU arrived, joined them at the table, and started conversing with CHS- 87856 and CHS-87857. At the same time, UCE-7982 asked BOVIS how they should approach the money situation. BOVIS replied, don?t think there is any, um, this would just be the way to do it?s not for, you have to, you can?t take something, to do something for her, like for to do it right, to do it properly. Like, I can?t accept UCE-7982 asked for clari?cation and BOVIS responded, ?It?s just how you word it, right?? They acknowledged it was a delicate topic and BOVIS said they would see what she says. 76. NURU told BOVIS, UCE-7982, CHS-87857 and CHS-87856 that the Transbay Transit Center rooftop was still available for development. The group discussed an earlier meeting and tour of the Transbay Transit Center. NURU mentioned that over 500 buses would go through the transit center. The group also discussed the possibility for a train station in the future, and that there was potential with Salesforce employees at lunchtime. They continued to discuss restaurants in San Francisco until NURU was alerted that AIRPORT COMMISSIONER 1 had arrived. AFFIDAVIT 27 FILED Case Document 1 Filed 01/15/20 Page 32 of 79 77. As soon as NURU left to meet AIRPORT COMMISSIONER l, UCE-7982 and BOVIS returned to the discussion about the $5,000 bribe payment to AIRPORT COMMISSIONER 1. Speci?cally, BOVIS said AIRPORT COMMISSIONER 1 did not ask for anything, no one asked for anything, but NURU recommended they do something for her. He said NURU never asked her for a favor before but she?ll gladly do it as a favor so she may not even take anything. BOVIS told UCE- 7982, ?Let?s ask her direct, what are our odds, can you make sure we get the votes, just without anything.? BOVIS continued, ?And then I?ll do that on my own, I think is probably the best way, as a thank you, that?s all. If she doesn?t accept it, then that?s ?ne. It wasn?t asked for though. had told me this as a suggestion. won?t ever take nothing from me neither, never. I give it but never asked for anything, so that?s the whole, he can never ask but I can offer. That?s why I ?gured I would CBS-87856 asked BOVIS if he thought that would work and BOVIS replied, ?After direct tonight, you ask her, if, we want to make, we?ve lost two times and we don?t want to, we want some sort of guarantee that we are going to get this one. I?ll ask her direct, in front of you. That?s why, if she says no problem, but I want you to hear it from her.? BOVIS explained that AIRPORT COMMISSIONER 1 controls the board so ?if she says yes, and she has three or four of the votes, and they all vote together.? BOVIS said AIRPORT COMMISSIONER 1 previously told him three of the ?ve board members vote together. AIRPORT COMMISSIONER 2 may ask her for a favor and they work together or she may ask AIRPORT COMMISSIONER 2 for a favor and they work together. BOVIS told the group AIRPORT COMMISSIONER 1 was nice and they could ask her questions. BOVIS had dinner with AIRPORT COMMISSIONER 1 previously and she told him NURU has never asked her for any favors before so whatever he wants because he does a lot of things for her. AIRPORT COMMISSIONER 1 told BOVIS she got SFO DIRECTOR his job at the airport and BOVIS explained to the group that AIRPORT COMMISSIONER 1 has been around for a long time and is well connected. 78. BOVIS also explained that AIRPORT COMMISSIONER 2 and AIRPORT COMMISSIONER 1 ?always stick together? and AIRPORT COMMISSIONER 1 had previously told BOVIS that no one asked for the chicken place yet. BOVIS suggested they ask her questions and added, ?but I?m pretty 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 AFFIDAVIT 28 Case Document 1 Filed 01/15;sz Page 33 of 79 could explain to AIRPORT COMMISSIONER 1 that they lost money and have lost twice. BOVIS stated that the late mayor promised him and it didn?t come through so AIRPORT COMMISSIONER 1 may be able to explain why they lost last time. BOVIS con?rmed COMPANY won the last bid and said COMPANY claimed to have it ?in the bag? ahead of time. 79. Shortly thereafter, NURU returned with AIRPORT COMMISSIONER 1 and they joined the table. I believe AIRPORT COMMISSIONER 1?s presence at the dinner violated the RFP rules prohibiting contact outside of the public competitive bidding process with members of the Airport Commission regarding the selection process for the lease. AIRPORT COMMISSIONER 1 said they want ?good people? at the airport and added, ?I?ve got to ?gure out what your particulars are to make sure they?re in place. That?s what you have to do, you know, in order to work with me.? AIRPORT COMMISSIONER 1 said she got SFO DIRECTOR his job. AIRPORT COMMISSIONER 1 also said she and AIRPORT COMMISSIONER 2 went through the process but knew they were going to choose SFO DIRECTOR. 80. CBS-87857 then mentioned to AIRPORT COMMISSIONER 1 the fact that BOVIS, CHS-87857, CBS-87856, and Company had lost bids for restaurants at SFO to a COMPANY af?liated restaurant, and then to COMPANY Z. AIRPORT COMMISSIONER 1 stated she has to make sure she has everyone on board and will ?nd out who will be on the selection committee. The group then discussed the fact that Lease #5 in Terminal 1 was due in May. AIRPORT COMMISSIONER 1 said she would brief herself on that and ?make sure that nobody is already primed for that, ok, so that I can ?9 push them out of the way if I have to. Based on my training and experience, I believe AIRPORT COMMISSIONER 1?s reference to no one being ?primed? meant that no other group had been promised the contract for Lease 81. CBS-87857 asked AIRPORT COMMISSIONER 1, ?How do we get primed?? AIRPORT COMMISSIONER 1 said she would bring SF 0 DIRECTOR and other people over to restaurant, Spinnerie, on Polk Street, so they can ?rave about it.? AIRPORT COMMISSIONER 1 stated that they are not asking for anything and they have enough complexities and a proven entity so they deserve to be in San Francisco, so she will share that with SFO DIRECTOR. AIRPORT COMMISSIONER 1 asked what happened and BOVIS responded that they ?lost to the AFFIDAVIT 29 Case Document 1 Filed 01/15/29 Page 34 of 79 ?rst time and it was came in AIRPORT COMMISSIONER replied, ?Ok, because COMMISSIONER 3] is very tied in to so that?s probably what happened but I didn?t know that because I probably could have talked to COMMISSIONER 3] and we could have worked out a deal.? CHS-87857 responded, ?Really?? AIRPORT COMMISSIONER 1 continued, ?He and um, the guy who has are like this, they do everything together.? CHS-87857 said, ?Then they cooked it outside before it came out.? AIRPORT COMMISSIONER I responded, ?Oh, they cooked it outside. I know they did.? 82. NURU later said ?Let?s make sure we work this after June things will get very we need to lock this in.? AIRPORT COMMISSIONER I explained to the group she wants SFO DIRECTOR to be fair since Company thought they would win the last bid and she is ?not really asking for anything that is not right.? AIRPORT COMMISSIONER 1 continued by citing ?the fact that Mohammed is asking me? and noted that ?he never asks me for anything.? Based on my training and experience, AIRPORT COMMISSIONER 1?s reference to ?the fact that Mohammed is asking me? indicates NURU had already discussed guaranteeing the concession lease with AIRPORT COMMISSIONER 1 prior to the meeting. 83. There was also discussion about whether AIRPORT COMMISSIONER 1 might be able to arrange to extend the bid deadline in order to give Company more time. AIRPORT COMMISSIONER 1 stated, ?Stuff can 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. AIRPORT COMMISSIONER I responded, ?It could be pulled from the calendar if there?s an issue with it if I ?nd BOVIS interrupted and said: ?That the votes aren?t going the right way?? AIRPORT COMMISSIONER I responded: ?oh you got to pull it, because we got to ?x it.? 84. AIRPORT COMMISSIONER 1 said, ?I?m going to go back through and look at where we are and what is ready to come up. I?m going to make sure nothing is in place, that?s what I?ve got to I want to make sure somebody hasn?t been promised something, I want to make sure, I might have to threaten them. No really, I don?t like the fact that he [pointing towards lost you shouldn?t be spending any money, no, really, seriously, that?s not even it?s got to get AFFIDAVIT 30 FILED Case Document 1 Filed 01/15/20 Page 35 of 79 approved.? AIRPORT COMMISSIONER I said, think I got where I want him.? NURU then said, "Yeah, COMMISSIONER we?re gonna make this happen for them.? AIRPORT COMMISSIONER I responded, ?Oh, we got to.? Based on my training and experience, and based on previous conversations involving AIRPORT COMMISSIONER I, NURU, and BOVIS, I believe when AIRPORT COMMISSIONER I said she thought she had where she wanted him, AIRPORT COMMISSIONER I meant she believed SFO DIRECTOR would support the bid by BOVIS, and Company for Lease #5 at SFO. 85. Later during the same meeting, discreetly brought up with NURU the idea of paying $5,000 to AIRPORT COMMISSIONER I. said, ?Hey Mohammed, we have the $5,000 for you said so that?s a start.? NURU responded. ?Oh, no, no, no. no. no. 87856?5 response could not be heard but NURU stated, ?Yeah, I?ll call you I want to make sure CHS-87856 said. "We want to make sure that we sit down and discuss how we are going to make it happen for both of us." NURU said, "Ok. .. ok, were good. stated. "Man, you make me carry $5,000 in my pocket for nothing. NURU said, ?Man, I did you a favor I know. I know, but that?s ok. That?s ok. I?ll have Nick put it in the safe for you.? CNS-87856 asked, ?Really?" NURU said. "Have Nick put it in the safe for you. He can do that.? CHS-87856 said, ?Yeah?? NURU responded, "Yeah, he can. Yeah, that way you don?t feel like you?re, you?re, I know how that feels and the two laughed. said. ?So we?ll talk next time then?? and NURU replied, ?Yeah, yeah, we?re good." CNS-87856 said, "Yeah?" and NURU replied, "No, we?re good. Yeah. Let COMMISSIONER get, let?s get on with everything else.? BOVIS then indicated to CHS- 87856 through facial expressions and body language that should discontinue that aspect of the conversation. AIRPORT COMMISSIONER I may have noticed the conversation as she stated, "You don?t need to do anything. I mean, please. This is what we?re supposed to I?m only doing 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 supposed to this is exactly what I?m supposed to do. And I?m getting old, I?ve been on that commission for a long time. This is insane.? 86. Toward the end ofthe meeting, CI-IS-87857, and UCE-7982 left. so 7982 could get them to the airport. AIRPORT COMMISSIONER I, NURU. and BOVIS remained AFFIDAVIT 3] Case Document 1 Filed Page 36 of 79 behind at the restaurant. As departed, told AIRPORT COMMISSIONER 1 how they hoped she could help them. AIRPORT COMMISSIONER I replied, ?Oh, I?m going to do everything I can." AIRPORT COMMISSIONER I and BOVIS then exchanged contact information. AIRPORT COMMISSIONER 1 did not say her number aloud as BOVIS noticed that he already had her phone number in his phone. UCE-7982 asked NURU it?they could contact him regarding the Transbay Transit Center and NURU responded, ?Oh, yes. Youjust tell me what?s up. The way I just go through, it?you l?eel like there is a hurdle or something then you tell me and then I?ll unblock it.? 87. On April 4, 2018. at approximately 9:01 pm. C1-1S-87857 made a recorded call to BOVIS. thanked BOVIS for the meeting and BOVIS asked to put information together for AIRPORT COMMISSIONER I including background on the last two tailed bids and details regarding the place they were interested in. CHS-87857 agreed. and asked it?he could provide 7982 with telephone number. BOVIS agreed. Meets with UCE-7982 on April 5, 2018. 88. Later on April 4, 2018. at approximately 9:57 pm, sent a text message to BOVIS. The message stated the following: ?I-ley Nick. This is Sorry we had to run out on you tonight but i had to get them to the airport. Are you available to meet for coffee in the morning to continue our discussion?" 89. At 10:06 pm, BOVIS called UCE-7982. That call was recorded. and BOVIS discussed meeting the Following morning in order to continue the discussion from earlier that evening at the restaurant. BOVIS explained brie?y that he had hopes ol?cxpanding his chicken restaurant known as "The Spinnerie" and hoped to talk to about it the following morning. BOVIS stated that he would call at approximately 8:30 am. the following morning. .90. On April 5, 2018, at approximately 7:57 am. BOVIS again called UCE-7982. UCE- 7982 did not answer the call, but placed a return phone call to BOVIS at approximately 8:14 am. which BOVIS did not answer. BOVIS sent a text message at 8:15 which stated. will call you back in ten minutes". 91. On April 5, 2018, at approximately 8:06 am. made a recorded call to BOVIS. BOVIS told CNS-87857 he would take care of? everything so it ?doesn't get any strange, you AFFIDAVIT 32 16 17 18 19 Case Document 1 Filed 01/1520 Page 37 of 79 know, for them." He added. "I'll take care ofall that with the people.? BOVIS said AIRPORT COMMISSIONER 1 would start working their project after they provide her with information. 92. Shortly after, at approximately 8:18 am, BOVIS called The call was recorded. During the call. BOVIS explained to UCE-7982 that there was no longer any need to pay $5.000 to NURU and/or AIRPORT COMMISSIONER 1, as had been discussed over dinner the previous night. BOVIS stated that after dinner. he had a discussion with NURU and AIRPORT COMMISSIONER and offered AIRPORT COMMISSIONER 1 the $5.000 cash payment he had brought with him to dinner. BOVIS stated that AIRPORT COMMISSIONER 1 did not want the money and was going to award the contract of Lease #5 at the SFO airport to BOVIS, CBS-87856, CHS-87857, and team, simply because it was the right thing to do. BOVIS apologized for bringing up the subject of the $5,000 payment and again said it was not necessary. asked BOVIS ifhe still wanted to meet for coffee that morning. BOVIS stated he didn't know of a reason to meet unless there was anything else UCE-7982 wanted to discuss. explained that s/he wanted to explain to BOVIS how s/he had come to meet and CNS-87857 and do business with them, and some ofthe services that might be able to offer BOVIS. BOVIS indicated that he would like to have that conversation. BOVIS and agreed to meet for coffee at a Starbucks restaurant located in Burlingame, California. at approximately 10:45 am. that morning. 93. UCE-7982, BOVIS, and wife, then met at the Starbucks in Burlingame, California. That meeting was recorded. UCE-7982 explained their business and relationship with the CHSs. BOVIS stated. "San Francisco is very careful and it?s not pay-to-play, you have to know people and do it correctly." When mentioned that everyone was different, BOVIS replied, "Out here it?s about relationships and friends and stuff. So I?ve known people for a long time and they are very good people and and as long as you work together but they don?t expect, a lot ofthese people have a lot of money and stuff. They just need to know that you are a good person to work with and you are not going to let them That?s mainly, like. we have all the criteria. we have the San Francisco brands. we have everything for them, it?sjust a matter of them, getting in front of the vote." BOVIS explained that AIRPORT COMMISSIONER 1 is line with money and does not need anything and she is a good person. He continued. ?They do like, there is things I can do, like the restaurant, 1 can use it to AFFIDAVIT 33 FILED- Case Document 1 Filed 01/1539 Page 38 of 79 entertain for them and do stuff. That way it is not a direct con?ict or anything. They just have to be careful of doing anything that is not right. Their jobs are more important than us.? UCE-7982 acknowledged concerns and that every situation and every person is different in how they need to be helped. BOVIS reiterated AIRPORT COMMISSIONER 1?s position and stated, didn?t mean to say that about the money. I was just, giving them an example, I would just, she said no, that?s not what she wanted. She feels the mayor died, he wanted this done, the last one, and they didn?t listen to him. I guess, so, it?s ?mny, when you have a position like that and you ask for a favor, sometimes the guys below them are doing all this hanky-panky stuff. See, if she was involved in the beginning, she would have pulled it and she says she would have gone back and got the votes. I?m not a novice in the area but I?ve been through a lot of votes and lost a few. So now I know if you want to win, you have to prepare. I?ll handle that but if you?re backing with whatever, the airport ?nancing 94. This statement by BOVIS was a departure from what BOVIS had previously said about giving $5,000 to NURU, per instruction, in the recorded conversation with CHS-87857 on March 21, 2018. It also stands in contrast to the April 4, 2018, meeting when BOVIS brought a signi?cant amount of cash in an envelope and said NURU told him to ?just give her an and that will be between me and know, better no one knows.? Finally, this statement con?icts with another statement BOVIS made to CHS-87857 and CHS-87856 on January 24, 2018 that NURU ?knows how to cover his back on all this stuff so it?s not a con?ict or nothing.? 95. Based on my training and experience, I believe the change in what BOVIS was saying to UCE-7982 was likely precipitated by conversation(s) between BOVIS and others, most likely NURU and/or AIRPORT COMMISSIONER 1, regarding suspicions about UCE-7982. As discussed below, this belief appears to be con?rmed by subsequent recorded conversations between BOVIS and CHS- 87857, and an associate of (INDIVIDUAL 3) and CHS-87857, in which BOVIS and INDIVIDUAL 3 each questioned CHS-87857 about background. It is possible that NURU, AIRPORT COMMISSIONER 1, and BOVIS discussed those suspicions when they remained behind after CHS-87856, and UCE-7982 left the restaurant on April 4 to go to the airport. Toll records also show several calls between BOVIS and INDIVIDUAL 3 on April 5, 2018 after the meeting with NURU and AIRPORT COMMISSIONER 1 and after the April 5, 2018 Starbucks meeting AFFIDAVIT 34 ?03111 GHJV K119111119) .1011 121111011 0111 12 910.111 131128 .101 91111 111011011 .mo? 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SJWL- ?U9d0 HHS 39!? 1! W35 I HHNOISSIWWOD PIES 110511.? 9111 01111 19%; 01 $12.11 11203 9111 p91121s smog '?u1111?u12 11112111 1011 p1p p1123 smog ?1118111 9111 [(1211 01 p9pu91111 ?9111 113129 91111110q12 13311812 u911m ?1131101111 5911109., 131112 911111 31101 12 .101 REIGN 59?! all 1m? P101 0319 ?8u1199111 810E g9 3111 3111-1110 '96 PUR 6140 68 959d 05/91/10 pend 9819:) Case Document 1 Filed 01/15/20 Page 40 of 79 and that their background is in accounting. BOVIS said, ?So with the three million dollar a year whatever, what is it, a thousand 1300 square feet?? UCE-7982 responded, ?It?s somewhere in that range, I forget exactly without looking at the BOVIS said, ?So it has to perform above three million dollars or around there at the airport because you have union you have, you know, because your price point is high so everything goes it?s a lot more expensive here in San Francisco.? UCE-7982 agreed, ?Sure, yeah, and most of the costs are on a sliding scale as the revenue goes up.? BOVIS said, so in that range you?re talking about a whole bunch of licensing fees, it?s not a big number. When we are talking 10, 13 million dollar ones, then it?s, that makes me happier, but I?m going to provide, I have the, I?m going to send you my package for the concept and I have a plan there that one that?s on the outside, airport. It would be perfect for us to show we have a licensing agreement in the airport, so that helps me I?m open to I?m ?exible.? 99. 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 any sense, right?? BOVIS replied, ?That was just me, to take care of things, like, when dinner . .. I don?t need that, I can get it.? UCE-7982 stated, ?The percentage fee on the back-end makes sense, that that?s what they are looking for. And that is where I can offer BOVIS offered to ?nd out more and said he ?didn?t want to go into it blindly thinking that there wasn?t any of that and then get hit with that on the back-end, you know.? BOVIS responded, ?No. I just told upfront before it was four, instead of three percent of the. .. it?s not much but it?s enough to take care of all so. .. and I would have to take, do that myself.? UCE-7982 asked, ?Is that already arranged between you and, is that through, Mohammed?? BOVIS con?rmed, ?Yeah, that way everybody is separated, you know.? UCE-7982 said, ?Well so, you know, where that becomes important is going down the road. If we them here, you know, I need to kind of be able to factor that in.? BOVIS interrupted, ?So I don?t have to act like a lobbyist.? UCE-7982 said it was important so s/he knows what the expectations are. 100. Based on my training and experience, I believe BOVIS was saying he was going to charge a 4% licensing fee instead of his usual 3% fee, that this would not raise any red ?ags because licensing fees typically range from 2% to and that he would pay AIRPORT COMMISSIONER 1 AFFIDAVIT . 36 FILED. Case Document 1 Filed 01/15/20 Page 41 of 79 (and potentially NURU), with the payment being provided though NURU out of his extra licensing fee percentage in exchange for help with securing the lease. Moreover, in my training and experience, when BOVIS said he would not have to ?act like a lobbyist,? I believe he meant he would not have to continue advocating for the lease but could rest assured that it was guaranteed. 101. BOVIS and also discussed the Transbay Transit Center. BOVIS offered to assist UCE-7982 to ?get it through? and instructed UCE-7982 to ?make it like it?s legitimate in whatever way you can do it.? BOVIS added, ?Mohammed said he would, that one is not a favor, the airport is more complicated. That one, he runs it, he?s on the board and everything.? 102. Based on my training and experience, I believe BOVIS intended this to mean that NURU has more direct control over contracts at the Transbay Transit Center and can more easily award concession contracts to whomever he wishes. 103. UCE-7982 said s/he would be surprised if ?to get to the top deck there wasn?t something on the back-end of that? and BOVIS said he would ?nd out. UCE-7982 asked if BOVIS would be interested in putting one of his brands there and BOVIS said, ?Yeah, yeah, and if there is some other brand that would work better, I?m ok too, I?m not, you know, here I have my other businesses.? UCE-7982 said he understood, but BOVIS has ?all the connections here? and BOVIS replied, ?I?m not a lobbyist. Where I need to make connections I want to work with them in the airport. . .. That is my main focus.? 104. BOVIS offered to contact AIRPORT COMMISSIONER 1 and let UCE-7982 or CHS- 87857 know the status of the airport lease. BOVIS said, would never not do it right, I just want, I don?t need any help with that. I should not have said anything about that. I?ll take care of that side, I?ll be the, it makes her more comfortable.? BOVIS said, can?t guarantee anything because last time I thought wasn?t.? UCE-7982 asked if people were taken care of ahead of time, and BOVIS replied, ?No, but it wasn?t necessary. It was just like UCE-7982 added, ?It?s almost always necessary. It?s a surprise when it?s not, put it that Way.? BOVIS said, was based on results. I don?t like to promise something I can?t do, so, I can?t, like, I don?t, COMMISSIONER 1] is not my good best friend. Mohammed I know well so I have to make sure COMMISSIONER 1] this is the closest I?ve come to the airport, now, with her, so that?s the closest AFFIDAVIT 37 Case Document 1 Filed 01/15/28 Page 42 of 79 I can get. I mean, the mayor is farther away from, the airport was like Siberia to, the, you know.? UCE- 7982 said he imagines the mayor may have pull at the Transbay Transit Center. BOVIS replied, ?Oh, de?nitely. Mohammed is in control of it, so that?s a different that?s a, he tells you do this, do that, it?s done, deal. He?s not going to not come through for that?s an easy one. But the airport is, the new person, and I have to know, I just need to know from her I?m worried she?s older, you know, and you forget when you?re older. I don?t want to promise you guys, ?Hey, I got the deal done? so I need to be, hear from her that there is nobody in the way, let?s do it, and I?ll feel real comfortable with tha 105. wife added, think What happened in the past was Nick feels like don?t want to promise anything that I don?t know what is going to happen.? Like the last two, he thought for sure, again the mayor and nothing happened. But they didn?t want anything from him. They didn?t want anything to secure it. And they?re saying, and I get what you?re saying, if you have some security at the beginning, then you feel like it?s going to go through. He can?t promise that because already two times it did not go through. And now this time there is a difference.? 106. BOVIS stated, ?Last time I put up money for a campaign, I did it through some site, it wife added, ?and it didn?t work but you didn?t know-that the BOVIS said, put up the money I put up 15 last time.? wife said, .. they said for sure. I remember him saying it?s a sure thing. Don?t worry, don?t worry.? 107. wife added, ?this time like Mohammed said, ?Why didn?t you talk to me? What did you go to the mayor for? You should have been talking to me.? Mohammed told him, ?He didn?t know, he is mayor.? So there?s, now, so this one, I would think, I would be shocked if it doesn?t go through to be honest with you. There is no way this isn?t going to happen this time. If it doesn?t I?d be, because it?s just been too many times and this is the third one and now Mohammed is going to, you BOVIS ?nished, ?Yeah, he?s involved directly.? Based on my training and experience, I believe BOVIS and wife meant that NURU has more ability to get contracts pushed through the airport via his connection with AIRPORT COMMISSIONER 1 than BOVIS could in the past solely through BOVIS?sconnection with the late mayor. 108. BOVIS told UCE-7982, ?This is just regular business and we?ll ?nd out about the airport. AFFIDAVIT 38 FILED Lu U: b) Case Document 1 Filed 01/15/20 Page 43 of 79 As far as the transit one, I?ll ask him what is required for that but it?s very, it?s not a big deal.? UCE- 7982 said, ?So, I mean, I can?t imagine that you?d be looking for a percentage on this, right? At the airport? But not anything like Transit Center"? Like, that's a bigger, kind of, more complicated BOVIS said he would "find out but I don?t think, yeah, can do a one-time thing. But I can handle that, like, I?ll be the I don?t know if] need to get a lobbyist license or whatever. I don?t want to do anything wrong or anything." UCE-7982 explained that sometimes peOple look for an equity stake and gave examples and BOVIS asked if s/he knew ?how to make that work all prOperIy, right?? con?rmed. BOVIS replied. want to do everything right so let?s, I?ve never done or straightforward. like. business." UCE-7982 explained, ?So they?re not really offering anything, itjust, you know, when it all comes out on paper, you know, it legitimizes everything on paper, you know what I mean? It takes the stink out ofit.? BOVIS replied, ?Yeah, no, we don?t want to do that. I?ll see i'fthere is, I have another company we can buy a couple shares or explained that companies could be created to send. for example, consulting invoices. which can then be paid through the normal course ol?business. BOVIS commented, "So you?re saying you can help us set up legitimate ones, that way ol? doing it.? UCE-7982 said yes and BOVIS replied, ?Yeah, that would be better." 109. UC 13-7982 described that the $5,000 payment could be hidden as an entertainment expense. BOVIS apologized again for telling to bring $5,000. thought the trip to the city where Company is based may have been a helpful thing to do and BOVIS explained he thought of the idea so AIRPORT COMMISSIONER 1 could see Company X?s operations. BOVIS said he wanted "to keep everything clean as possible, you know, because I?m, and you too, we don?t want anybody to get in trouble for anything that is not right. So we always if you know how to do it correctly, like. if you know how to do a thing where it's not a. whatever you want to call it, service.? BOVIS continued. ?But, see, wejust met right now so I don?t want to get, start talking about things that, I?m going to take money so I have to make sure that I don?t get in trouble or do anything wrong, so. yeah, ljust want to get this thing in the airport.? UCE-7982 acknowledged his statement and said those were the services that could be offered. wife referred to this as "creative accounting." Based on my training and experience, BOVIS, his wife, and UCE-7982 were referring to the need to cover up the payments by creating a fake consulting agreement, or a fake purchase of stock. in order to AFFIDAVIT 39 FILED Case Document 1 Filed 01/15/29 Page 44 of 79 avoid detection by law enforcement. 110. BOVIS said, ?Just give me a little while for me to feel more comfortable and then we can do whatever we want to do. Just takes, I just need to be careful not to make any mistakes. I don?t want to promise anything I can?t I just want to get this one thing here done, whether I lose a little something something it?s not important but I want to produce this one and from there we can build a BOVIS continued, ?As far as helping you guys, I like to introduce you to people, I don?t have to make money during the deals but I?d like to get this one, my brand, in the airport. Then after that if I can connect you to people who can help you at the airport, I?d rather do that So that would be my goal, I wanted to get involved with them, get to know all of them and stuff, that way he has, because you are going to be doing other stuff at the airport UCE-7982 said s/he was grateful BOVIS organized the meetings. BOVIS said, ?To be honest with you, Mohammed does favors for people all the time and gets nothing out of it, so it?s not uncommon.? 111. BOVIS said he would make sure AIRPORT COMMISSIONER 1 has a ?green light? and then he will feel comfortable and said, ?I?ll handle that part of it.? asked BOVIS if ?that? was going to NURU, AIRPORT COMMISSIONER 1, or split, and BOVIS replied, ?I?d rather just deal with Mohammed, he?s my friend.? BOVIS requested help to design a consulting structure and said he would check with NURU to see if he has an existing company, adding, ?he is very cautious, he has, he?s never, he said no one ever, he doesn?t take money, but sometimes we can do it to a cause, or something, yeah, maybe like a nonpro?t or I can ask him. I?ve got to be real careful about that kind of stuff because of the position he is in.? UCE-7982 said, donation to a charitable cause is a pretty easy expense to put on the books, you can pay If he?s looking for that one percent fee, was it one percent he was looking for, right? Is that the bump from three to four?? BOVIS con?rmed. UCE- 7982 continued, ?So if that?s where it gets a little more complicated, if it?s going direct to someone, sometimes it has to do one of these, you know, to get to somebody, so construct that ?creative accounting,? right? But if he wants it to go to a charitable cause, that?s pretty easy to do. But you know, that usually doesn?t get to him, you know.? BOVIS said he would ?nd out what NURU wants and if it matters to him. BOVIS stated, came up with the idea of this whole four percent thing for me and I would handle anything I need to do with him, you know, that was the simplest way. But if we are going 4" FILED Case Document 1 Filed 01/3328 Page 45 of 79 to do something in the future with others, then I don?t know if he can do that or not, it might not Based on my training and experience, I believe BOVIS was explaining that the easiest idea would be to just pay NURU directly out of licensing fee, for NURU to give to AIRPORT COMMISSIONER I, but in the future, he was not sure if that arrangement would work for channeling payments through NURU for others. 112. UCE-7982 explained that if the payments were discovered, it could cause trouble for all involved, including BOVIS, NURU, AIRPORT COMMISSIONER 1, CHS-87857, CHS-87856, UCE- 7982, and lender. BOVIS said he needs to know more about UCE-7982 and will feel more comfortable letting UCE-7982 handle that. UCE-7982 explained that being straightforward is easier than speaking in riddles. BOVIS replied, ?Well, in my brain, what if this is some sort of FBI sting or something?? 113. BOVIS then said, ?my friend was looking companies and they can talk direct.? BOVIS reiterated he does not want to ?do it wrong? and NURU does not want problems. BOVIS shares his relationships ?always do it for favors, I never do it for pro?t or anything, so that way I?ll never be in but the other thing is that, it concerns my brand and stuff, and I want to do everything right. But to be honest with you, like the airport deal, it?s not really a pay-to-play thing because it?s, she, we have brands that, like I was telling you before, I have a legacy bar, I have the old, the Gold Dust in the Lefty O?Doul?s, this are famous institutions that deserve to be in there, just like the other ones. The other ones got in there however they got in there, you know, that aren?t that. There are other ones that are, like the Buena Vista is a legitimate historical thing in San Francisco. Then you see some other brands that aren?t really San Francisco brands in the airport, so, however the professionals do it, like, your, another brand comes in and they hire the peOple to go smooth the way, however it?s done, I?ll follow those guidelines, ?ne. So if this is standard business practice, that?s 114. BOVIS told UCE-7982 that he now understood things more clearly and ?it was uncomfortable for me to talk anything that?s not, like, with someone I don?t know because I don?t want to get in any trouble or do I?d like to do everything right so if you?re familiar with the way those things work, I?m glad to work with you.? BOVIS apologized again for mentioning the $5,000 and said he told OHS-87857, was going to do that myself, you know, and she didn?t even accept it AFFIDAVIT 41 Case Document 1 Filed 01/15/20 Page 46 of 79 no, she she ended up calling me back and to be honest with you, believe it or not, some pe0ple do stuff because they think it?s the right thing to do too, you know? I know that sounds a little far-fetched but it is I?ve done things, I really have a lot of time and money to helping the Chinese hospitals for the city and these people do believe in community, you know? In the business world you don?t really believe in that.? BOVIS continued, just wanted to be careful how I presented it because if you say you are going to do this for that, you?re in the danger zone. But if I say this for, you know, bene?t for that, that?s ok. It?s just how you word it.? 115. In 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 of?cial acts. 116. On April 6, 2018, at approximately 3:39 pm, CHS-87857 made a recorded call to BOVIS. BOVIS told CHS-87857 that he spoke with NURU and others and they want to do the project for them and there is nothing involved where they need to help. BOVIS thought UCE-7982 was aggressive with money and BOVIS stated it was not necessary at that level. BOVIS stated it was his fault for mentioning the money and it was his idea, not something NURU needed, and BOVIS wanted to ?make sure I don?t get anyone in trouble or something.? BOVIS said, ?They don?t need any, you know, money up front or anything like that. I thought that would help but it?s not necessary.? BOVIS said it was a mistake he mentioned the money idea and that he should have never said that ?because it gets a little weird? and they ?have really big positions.? BOVIS added, ?You know, I take them out to dinner and do stuff like that, that?s all. You know, normal business stuff is ?ne. They like that.? The conversation concluded with BOVIS asking questions about UCB-7982 and explaining his concerns. This conversation stands in contrast to statements to UCE-7982 about providing a payment to NURU on the ?back end? that would be deducted from his licensing fee. In my training and experience, I believe BOVIS had become worried CBS-87857 and UCE-7982 might be working with law enforcement, and wanted to cover his tracks by claiming no payment would be made. BOVIS Distances Himself From UCE-7982 117.? On April 10, 2018, at approximately 10:32 am, CHS-87857 made a recorded call to INDIVIDUAL 3. INDIVIDUAL 3 stated he had been speaking with BOVIS and would like some AFFIDAVIT 42 muss?AL Case Document 1 Filed 01/153139 Page 47 of 79 background on UCE-7982. INDIVIDUAL 3 mentioned that the source of the money is always a concern because he wants to make sure it?s clean money. INDIVIDUAL 3 also stated that he was concerned about UCE-7982 because holding company is very new and was formed as of this year, and CHS-87857 said they had worked with UCE-7982 for about a year. INDIVIDUAL 3 said he would ask UCE-7982 questions, ?[b]ut I was just concerned because I want to make sure that, you know, we have worked with you last year, and as we are going forward here, I want to make sure, you know, this is a new person that was interjected. And Nick was having some hard time trying to explain who he is, what he is, what his role was. But I understand very clearly the private equity issue. I understand the funding issue from the banks very clearly. I just want to get, kind of, a grip on here and his INDIVIDUAL 3 said he would call UCE-7982 but he wanted to speak with CHS-87857 ?rst. 118. INDIVIDUAL 3 summarized the information CHS-87857 provided regarding UCE- 7982. CHS-87857 asked if there was a problem and INDIVIDUAL 3 said they were checking because they looked into information and couldn?t ?nd anything. For example, his company was ?led this year, the company was brand new (which would make sense if it was a private family) his telephone number was cell phone only, there was no of?ce number or of?ce number on the website, and his website was brand new. 119. INDIVIDUAL 3 stated, ?It?s kinda like an invisible person and I wanted to know a little more about him.? INDIVIDUAL 3 again referred to UCE-7982 as an invisible man and said his ?greatest suspicion is that his telephone number is a pre-paid cellphone number with a billing address in [out-of-state city] to an apartment complex with no apartment so that means no bill is mailed, he just reloads the phone with a private, reloads the phone when he needs to have service. And that?s my biggest concern.? INDIVIDUAL 3 said BOVIS was nervous and asked, ?Who is this guy?? Based on my training and experience, I believe INDIVIDUAL 3 was concerned that UCE-7982 was not who s/he claimed to be, and was concerned that UCE-7982 might be working for law enforcement. 120. INDIVIDUAL 3 continued with his concerns and told CHS-87857 they had a private investigator look into UCE-7982. INDIVIDUAL 3 will speak with UCE-7982 with BOVIS and wants ?to be sure of what we got coming in, and that it?s all, you know, legitimate, and, you know, done above AFFIDAVIT 43 . 16 Case Document 1 Filed 01/15/20 Page 48 of 79 board, and legally and all that stuff. So, that, um, which is my focus.? INDIVIDUAL 3 said BOVIS came to him and said ?Hey I met this guy and I ran out the company, and it doesn?t seem to be there." BOVIS wanted to know a little more about him because he was a bit pushy and intense. Per INDIVIDUAL 3, BOVIS said to himself, ?Hey. what is this? I need to know more and be more comfortable with him.? INDIVIDUAL 3 said he would call and ask him about his business, which he did on April 13, 2018. 121. On April 18, 2018, at approximately 1:00 pm, made a recorded call to a conference call line with BOVIS and INDIVIDUAL 3 already on the line. asked for an update and BOVIS said AIRPORT COMMISSIONER 1 has not called back and said they ran out of time. Also, UCE-7982 was concerning them. 122. BOVIS stated, ?In order to do this airport thing, you have to show the finances, and he?s as a broker, whatever he?s doing, he?s not even a legitimate business. He has no, he?s a, he?s a ghost. There?s no, he just has a recently new number, a new domain name, a new email. ,lust created in March. So it?s sort of hard to, were going to waste our time if we go before the airport with him as our finance.? explained he was not concerned about the ?nances and bidding process. 123. BOVIS replied, "This guy got me nervous, the way he was doing this. ljust don?t feel comfortable working with him. I?m sorry about that but he?s uh, like. fake business card. fake things, started asking a lot of questions. made it seem a little bit squirrely." said he would still like to work with BOVIS. BOVIS responded, ?Yeah, me toowithout him, but I?d like to know more, a little more about himjust to clear the table, because this guy came out of the blue, from nowhere. and no, he doesn?t exist. So it?s a little frightening to work with someone who is like that." 124. asked INDIVIDUAL 3 if he researched INDIVIDUAL 3 said he did. ?He did call me. because I called him and left a message. When he talked to me I asked him where are you located, where?s your business office? He didn't want to give it to me, he said ?l?m in Florida but I?m never there.' I asked him, I said, 'whafs the source ol?the funding? I asked him if he was 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 44 NHL La.) U: Case Document 1 Filed Page 49 of 79 willing to share that information?? He says ?no they want to remain anonymous.? So, you know, I was trying to. because I want to verify who he is. you know, we?re very concerned reputation-wise that money would be coming from you know, a cartel or any situation like that, and he just, kept. more saying don?t know you, I haven?t met you, where did you come from, who are those kind of things to me. And I explained that and I work together on other projects and we?re partners and had asked me to look into him. And I wanted to get more information. So we know his website was opened in March in [another city] and in fact it was opened after had ?rst met with him, and the phone is. according to the private investigator, the phone is like I told you before is just one ofthose pre?loaded phones. We can?t, the investigator?s databases couldn?t find on the information they had, could not find a location for that company or anything listed for And basically, he?s a ghost. If we had a social security number, or a driver?s license number. or date of birth we could probably do a lot more." BOVIS added, ?Or the name of the business." 3 continued, ?Yeah, what is the real name ofthe business? And where is it registered as a business?? 125. said he would contact UCE-7982 to see if he can respond to their questions. CBS-87857 asked ifthere was still room for an extension. BOVIS replied, "Yeah, I believe I can do that, ifit?sjust with us. But if you could do me one favorjust to clear this up, all we need, is like, do you have a number you?ve talked to him before from, like an old another phone number before he got this number. or an email or anything, like. how you met him or anything like that?" CI-IS-87857 said he would get BOVIS that information and BOVIS said, ?then I?ll work on extending I?ll work on trying to extend the thing for at least three Weeks." asked BOVIS and INDIVIDUAL 3 what information they wanted. INDIVIDUAL 3 replied, "Who are we dealing with is the issue. And that?s what was the concern. I have not met him, so that was the concern." BOVIS added, "You can do your money thing. But we need to clear up it?s not like we said some kind of funny money or something, because we have to go into the airport you know it?s the government and we don?t want to get any problems with that, that's all.? CHS-87857 said he would contact and asked BOVIS to determine the status of the project. BOVIS said he would do that and stated, ?If you can just ?nd out about that and make us a little more comfortable with what happened with him. Got a little worried. that?s all." AFFIDAVIT 45 .. Case 3:20-mj-7gg28-MAG Document 1 Filed 01/15/23 Page 50 of 79 126. On April 23, 2018, at approximately 1:49 pm, CHS-87857 made a recorded call to BOVIS. BOVIS told that INDIVIDUAL 3 was also present during the call. CHS-87857 asked about INDIVIDUAL 3?s recent text and the status of the lease. BOVIS said ?we have a really good chance of doing it? but they can?t extend the May 2 deadline. CHS-87857 was disappointed because they missed the opportunity and said he is going down to Florida to check out address. BOVIS stated he was concerned about address, the ?throw phone from, you know, Metro and that the domain name was recently created. CHS-87857 said he would obtain information and provide it to BOVIS. BOVIS was appreciative because he wanted to know whether UCE-7982 is legitimate businessperson and stated, ?it gets a little squirrely when you know, when we deal with someone who?s, uh, going to be a ghost.? BOVIS stated he will de?nitely work with CHS- 87857 on the next RFP, and if he can qualify UCE-7982 they?ll work with him too, but right now it?s a ?little strange.? BOVIS apologized but said to work with people they need to know they are ?all right.? 127. On April 27, 2018, at approximately 7:02 am, CHS-87857 made a recorded call to a conference call line with BOVIS and INDIVIDUAL 3 already on the line. CHS-87857 said he met with in Florida and described his of?ce space. CHS-8785 7 said he was comfortable with UCE- 7982 and s/he answered a lot of the questions BOVIS and INDIVIDUAL 3 had. INDIVIDUAL 3 stated that BOVIS was uncomfortable with UCE-7982 and asked, ?Who really is this guy? What is his history and who does he represent?? CBS-87857 explained that worked like an account representative for multiple wealthy families. BOVIS was concerned because he was not registered and that there was nothing in name. 128. CHS-87857 said he was disappointed because it was too late for this RFP, but said he was interested in working with BOVIS and INDIVIDUAL 3 either with UCE-7982 or with traditional ?nancing. BOVIS said he felt uncomfortable and INDIVIDUAL 3 said that although he did not meet UCE-7982, he had a short conversation with UCE-7982 and believed s/he was not forthcoming. BOVIS told CHS-87857 that ?working with you has been a pleasure, I mean, and I want to do it. I just got a little worried with that?s all.? 129. BOVIS said it was not his business if wanted to work with UCE-7982 but that he, BOVIS, did not feel comfortable working with UCE-7982 because was not licensed AFFIDAVIT 46 FILED Case Document 1 Filed 01/15/23 Page 51 of 79 or registered as a placement agent. (This stands in stark contrast to previous concern that he expressed to the UCE on April 5, 2018, that it might be part of an sting?) BOVIS said they would see whether Lease #5 got postponed for now, or if they would wait for the next one, but he still felt uncomfortable about UCE-7982. INDIVIDUAL 3 said the current situation is that UCE-7982 should never have come out to San Francisco, and that UCE-7982 acted in a manner that caused BOVIS to become suspicious, which led to them discovering that UCE-7982 ?has no footprint.? 130. CHS-87857 responded that if they were not comfortable they did not have to use UCE- 7982. INDIVIDUAL 3 said the headline risk was that if there was a deal at the airport and UCE-7982 was ?nanced by the president?s family, it would be big news. INDIVIDUAL 3 further explained that they did not want it to be cartel or organized crime money either. CHS-87857 said he did not think any of that was an issue and asked BOVIS to talk to AIRPORT COMMISSIONER 1 to identify the next opportunity so they can get a head start. BOVIS concurred. (iv) Renewed Contact: NURU Meets with the Con?dential Sources in his Office 131. Notably, the con?dential sources renewed contact with NURU in February 2019 and NURU agreed to meet with them. After CHS-87857 texted NURU about setting up a meeting to discuss business opportunities in San Francisco, NURU responded and suggested CHS-87857 meet NURU in his of?ce in San Francisco City Hall. NURU met with CHS-87856 and CHS-87857 on February 13, 2019 inside of?ce, which is inside the Department of Public Works of?ce suite in City Hall. The meeting lasted approximately forty-?ve minutes. Based on my training and experience, I believe this shows NURU had not withdrawn from the SFO Scheme by the time of the April 4, 2018 meeting (discussed above) and was not bothered by the discussion of a bribe with one of the con?dential sources on that date. If he had objections to bribing a public of?cial, I believe NURU would not have agreed to meet with the con?dential sources again, and certainly not in his of?ce in City Hall. 132. During the meeting CHS-87856 and CHS-87857 asked how they could expand their business in San Francisco, speci?cally as to the San Francisco Airport and the Transbay Terminal. CHS- 87857 said he talked to the executive director and a real estate person regarding the Transbay Terminal and NURU said CHS-87857 should continue to talk to the real estate people ?because they?re the people AF FIQAVIT 47 FILED Case Document 1 Filed 01/15/20 Page 52 of 79 A that are handling the leases and spaces. . .that?s who we hired to do that.? NURU said he does not run the day-to-day operations of the terminal, but ?if you need help, I will call EXECUTIVE 1] and say ?Hey, you know, help these guys? or or ?what?s going on, why can?t they get what they When OHS-87857 asked ?So you get in there? You can help?? NURU responded little bit, yeah, if it?s there.? 133. When they discussed possible airport concession contracts, NURU said he had another possible contact at the airport, rather than AIRPORT COMMISSIONER 1, because he had not seen AIRPORT COMMISSIONER 1 except for at one event recently. OHS-87857 said ?the airport is our main focus, right? And we wanted to kind of talk to you and see if you can, there?s anybody you can send us to, or if there?s anything that you can do to help us just get back into that, into the winning circle over here. You know, I know they [new concessionaire bids] are going to be coming up. I know there?s going to be opportunities coming up and.? NURU cut off CHS-87857 and said ?so let me know when you.? CHS-87 856 then cut off NURU and said ?We need to plan before.? NURU responded know, but when it 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 help us with local brands, so we need to hire somebody. Do you have any, a good person we can hire, uh, that can be our eyes and ears down our consultant down here?? NURU responded ?Yeah, you know, I kind of know what you need, but I need to.? CHS-87857 then said he would send NURU some information on his business and NURU responded ?Then I can ?gure it out, like. . . ?cause I want to get somebody who you can trust.? Later in the meeting NURU reiterated this and said ?Let me get you the right partnership.? When CHS-87857 asked where he should send NURU his business information, NURU responded ?personal email? and provided his personal email address. Based on my training and experience, the context of this meeting, and the prior contacts between NURU and the con?dential sources that involved discussion of a $5,000 bribe, I believe NURU was telling CHS-87856 and CHS- 87857 that they needed to hire a consultant who they could trust because that person might have to provide bene?ts or pay bribes to of?cials in order to get certain city contracts. Furthermore, I believe NURU was trying to conceal his involvement with CHS-87856 and CHS-87857 from public disclosure AFFIDAVIT 48 FILED Case Document 1 Filed 01/15/28 Page 53 of 79 laws that applied to his of?cial email address because he knew he should not be involved in this kind of conduct and, for that reason, was instructing the confidential sources to use his personal email rather than an of?cial government email that would be subject to public disclosure.'0 135. Toward the end of the February 13 meeting, CHS-87857 said ?next time we gotta make sure to go out to dinner? and NURU responded ?no, we will, yeah, it?s just, we have to book way in advance, that?s the problem. . .I wanted to go, and you know, it?s like God man, I can?t ?gure it out. It?s been crazy. I?ve been up since seven o?clock.? 136. As the meeting concluded, NURU 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. NURU said BOVIS had been busy opening Lefty?s Ballpark Buffet, but ?we?re trying to get it to work. It can?t really now. . .it?s not the season.? I believe this statement means NURU has an ongoing relationship with BOVIS and is still attempting to help BOVIS ?nancially with his business, likely through of?cial position. 137. Based on my training and experience, I believe NURU has no legitimate of?cial capacity, either in his position as the Director of the Department of Public Works, or as the Chair of the Transbay Joint Powers Authority (TJ PA), to seek to help outside businesses obtain concession contracts in San Francisco. As detailed above, the bidding process at the airport is required by law to be a competitive process and any contact with airport commissioners or city of?cials, like NURU, with the intent to in?uence the process, is prohibited. Similarly, there is no legitimate reason for NURU to be using his of?cial position to steer individuals (who have asked for his improper assistance in securing airport concessions) to invest in the Transbay Transit Center. 138. I believe NURU met with CHS-87856 and CHS-87857 because NURU believes he can bene?t ?nancially from helping them. This was the second time that NURU tried to push CHS-878576 ?0 On February 22, 2019, sent NURU an email that provided a link to a documents regarding CHS-87857's business. CHS-87857 sent NURU a follow-up text message on February 28, 2019. NURU did not respond, but I understand (from other agents and my own experience with this investigation) that delayed communication was not out of the ordinary for communications between CHS-87857 and NURU. 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 a conversation with another FBI ?eld of?ce. AFFIDAVIT 49 FILED Case Document 1 Filed 01/1820 Page 54 of 79 and CHS-87857 toward business opportunities in the Transbay Transit Center. The ?rst occurred in connection with discussion of a $5,000 bribe to an airport commissioner (which BOVIS reported was idea) during meetings and conversations in March and April 2018. The March 19, 2018 meeting underscores intent. Although the apparent purpose of the meeting was to help CHS- 878576 and CHS-87857 rig their bid for an airport concession, NURU began by telling the group about the Transbay Transit Center, its size, and anticipated concessions opportunities. He also explained that he, NURU, was in charge of the project, shared con?dential information from the last board meeting about recent negotiations for commercial space, and helped arrange a tour of the Transbay Transit Center for UCE-7982 and CHS-87856 (which occurred on March 20, 2018). NURU again pushed opportunities at the Transbay Transit Center during a meeting on April 4, 2018, with BOVIS, UCE- 7982, CHS-87856, CHS-87857, and AIRPORT COMMISSIONER 1. Based on this prior conduct and the February 2019 meeting, and my training and experience, I believe NURU intends to use the Transbay Transit Center and his role as chair of the TI PA, and more generally his of?cial position as the Director of DPW, as Opportunities to corruptly exert his of?cial in?uence to obtain bene?ts for himself and his associates. 2. Multimillion-Dollar Mixed-Use Development Scheme 139. Agents have intercepted numerous communications between NURU, BOVIS, and others, regarding NURU abusing his of?cial position as director of DPW for material gain, in exchange for of?cial actions. These communications about additional schemes further corroborate intent to corruptly use his of?cial position in relation to the airport scheme, as well as underscore his pattern of fraudulent conduct. In particular, NURU appears to be attempting to use his of?cial position to bene?t a billionaire developer in China who is deve10ping a large, multimillion-dollar mixed-use project in San Francisco, California. This individual has been identi?ed by agents and is referred to here as DEVELOPER 1.1] In exchange for travel and lodging, hi-end liquor, and other gifts and bene?ts, NURU claims to be working behind the scenes using his of?cial position to help DEVELOPER 1 with getting The identi?cation of DEVELOPER 1 is based on open source information, the name used in address book for this individual, and a personal photograph of NURU and DEVELOPER 1 together in China. AFFIDAVIT 50 FILED (11-Case Document 1 Filed 01/15/28 Page 55 of 79 the necessary city approvals to open the multimillion-dollar development. 140. DEVELOPER 1 ?rst surfaced in the investigation in the late fall of 2018 when agents began to learn more about then-upcoming trip to China. During a call utilizing his cell phone on October 21, 2018, NURU talked to his girlfriend, GIRLFRIEND 1, about his pending trip and how he had to have a serious conversation with CONTRACTOR 2 regarding ?nances. CONTRACTOR 2 is a building permits expediter who is af?liated with NURU. NURU said, don't know, just keep on investing. I mean I'll be having a serious talk with 2] on this Yeah, but you know, 2] and those two, they're nice people, but they are very shrewd businessmen, so you have to be care?Jl with them. They're very Yeah, but people like 4] and like if they made a hundred thousand, they'll give you like Yeah, because they just ethically, they just you know, that's how they make money. They're very shrewd. I mean 4] and 2] are like Yeah, that's how they are, they're just, that's just, I mean they're nice peOple but that's how the business model in their head Well you have to be um, you have to be clear on the dealings and when you start having those conversations with them they start getting nervous and they try to stay away from (U1). .. That's why both of them get along very well because they have the same type of thinking. .. And he used to work, he's worked for both of them and he wasn't, he wasn't a (U1) until he left them.? Based on my training and experience, and the context of this call, I believe NURU wants to be as successful as CONTRACTOR 2 and believes that he can talk more freely with CONTRACTOR 2 in China. As discussed in further detail below, I believe CONTRACTOR 2 has paid for or subsidized part of trips to South America and China in 2018. I believe that CONTRACTOR 2 provides these bene?ts to NURU so that NURU will use his of?cial position to help CONTRACTOR 2 when needed. 141. On November 4, 2018, at approximately NURU called GIRLFRIEND 1. NURU told GIRLFRIEND 1 about his trip to China that he just took with his daughter and CONTRACTOR 2. NURU described for GIRLFRIEND 1 the many gifts he received during this trip. NURU said that unlike on the way to China where he ?ew in ?rst class, this time NURU ?ew business class back to San Francisco. NURU began by telling GIRLFRIEND 1 about a wealthy friend of his who lived in China and how NURU and CONTRACTOR 2 stayed at his resorts during their vacation. NURU said, ?Oh AFFIDAVIT 51 FILED 10 11 Li.) Case Document 1 Filed 01/15/20 Page 56 of 79 boy, oof. We had a great time. Are you kidding? We had a great time. It was great. The last few days was just, it was almost, it was almost a little scary because we had agents you know, like when we went to the to, outside our hotel room, they had guards outside our hotel room. You know my friend that has the Well I have a friend that has a, he's the ?fth richest guy in I know him through but anyway, so he's really rich, I mean, he's like, anyway we went to, we had uh we had dinner with him on, what day was that? On Friday, oh no we had lunch with him on Friday and they ask ?30 hey, what are you guys doing for the rest?? We told him we were going to this little hot spring town where they have these hot springs and stuff. .. And he's like ?No, you're going to my hot spring? (Ul) his people on the phone making phone calls and he has his (UI) he says ?My van is outside to take you to my And we get there and they're like all these people, all these like agents with things in their ear and stut?l?all waiting for us. We like ?oh shit, what's going on (U1). .. Yeah. thing is we get there, they take us to our rooms and everything and they're, everybody"s in their room and then as soon as I come out. they're like still outside our room. I'm like ?Oh man, what's going on?? And then they're like ?Uh, in ten minutes we're going to go take a tour ofthe whole place? You know, then we took a whole tour and everything. They gave us (U1) it was a big, they have like a whole community center and basketball courts. swimming pools. Yeah, he owns the whole. the whole spa and the hotel. Yeah and he has many. He has a hundred and ?ve, live- star hotels in Yeah, we stayed, we stayed in uh we stayed at uh Seven Star Hotel, he owns it. Conrad, and then we stayed at the Park Hyatt, he owns that one. And the last time I went with grandma we stayed at the Ritz-Carlton, Yeah actually, he even told us, he told us, you know, ?did I send you some pictures ol?like this mansion that we went to?? NURU continued, "Oh. no this was uh, anyway, we went to this mansion. He has like a mansion. it?s like the White House. It's worth billions 01? dollars, like (U1) and art and Chinese This is the guy that uh, bought the, did I tell you about a guy that bought 2,000 acres in [Bay Area city]? He wants to He wants to build a Anyway, he's got a lot of real estate in America. He the guy we uh. when we had we had dinner at his house, we had like the Vice President of COUNTRY 1] there, when we had. we sat Yeah that's 1?s] house, but apparently he doesn't live there because it's too, you know, he lives on, he has four iloors on the top ofthe Ritz?Carlton. He told me the other day, when we had lunch 52 v(II Lo) Case Document 1 Filed 01/15/28 Page 57 of 79 with him. He says ?Oh I live here. (UI) four ?oors on the top here.? I was like, ?This is where I live, but people think I live in that place. I don't live in that place.? (laughs).? 142. NURU said he uses WeChat to communicate with DEVELOPER 1.'2 NURU then told GIRLFRIEND 1 about how he is helping DEVELOPER 1. NURU said, ?I'll send you a picture. He's a very nice guy. We're helping him, I'm helping him with a project here, San Francisco. So whenever he comes, I always go to see him. I didn't know and I know he has this plane, I didn't know that, how big he was until I got to China.? NURU then listed some of the gifts and bene?ts he received from DEVELOPER when we arrive, we had a dinner with him and that night he gave us a tour of his house, uh me and uh [individual from FOREIGN COUNTRY 1] and everybody. His house, his house is just like a museum. He likes art. He's got like, in fact, he gave us, he gave us some stone. I don't know how much they're worth, I, you know, I put them in the ship to, I shipped them you know, they're gonna come in the ship. They're tons of money. I don't know what he, he he brought it to us. He gave had like a little ?ashlight and he was saying ?look at this, look at that.? He was showing things, I don't know what he was A little bit, oh oh let me tell you this. The night we were at his house, the drinks that we that bottle was worth ten thousand Yeah, it's Maotai, but it's ?fty-year-old Maotai. .. Yeah, and then and then on Saturday when we had lunch with him again, the bottle of wine was worth two thousand plus dollars. It was a French I was like ?yeah? I was like ?Woh.? So I looked it up. It was like two thousand seventy dollars.?l3 143. NURU continued to talk about the free hotels DEVELOPER 1 had provided him on prior '2 WeChat is an application made by a Chinese company that allows for messaging and voice and video calls between users, among other features. '3 State and local ethics and disclosure laws require of?cials like NURU to (among other things) report potential con?icts of interest and list the gifts they have received, including meals and travel, every year on a document known as a Form 700. If NURU were to follow these requirements, he would list, for example, all of the meals BOVIS paid for, the subsidized vacations he appears to have received from CONTRACTOR 2, the gifts he received from DEVELOPER 1, and what appears to be free or subsidized work he has received on his vacation home. Agents reviewed the Form 700 that NURU ?led with the City electronically on March 26, 2019 at 5:38 PM. The disclosure covers January 1, 2018 through December 31, 2018. The only gift listed is a bottle of red wine from Clark Construction, valued at $89.99, which NURU stated he received on December 6, 2018. Based on my training and experience, I believe failure to disclose the many gifts he received in 2018 is knowing and willful, and is further evidence of his intent to defraud the public of honest services as well as his corrupt state of mind. AFFIDAVIT 53 FILED Case Document 1 Filed 01/1523 Page 58 of 79 occasions. NURU said, ?Yeah, but you know, this guy who stay at his hotels, you know, he's the one that gave us the hotel with uh Yeah this guy, you know he's, the guy with the hotels, he's been hooking, uh he's the one hooking us up. .. We don't, yeah, we don't uh we don't urn we don't pay any hotel or anything. They take care of us. They give us good rooms and good service. You know we eat good breakfast (UI) No all over the world. He owns some in America.? GIRLFRIEND 1 then asked, ?But the ones we stayed in in South America? He owns those?? And NURU answered, don't know, I don't think he, I don't know if he has those ones. (UI) Yeah.? 144. At this point in the conversation I believe NURU con?rmed his recent vacations to China and South America were largely subsidized, and that he had received free hotel and resort accommodation, free food, and transportation throughout China, because of his assistance to CONTRACTOR 2 and DEVELOPER 1. I also believe, because GIRLFRIEND I asked if DEVELOPER I owned the hotels that she and NURU stayed at during their previous South America vacation, that those accommodations were similarly subsidized or free of charge. I believe that is why she assumed DEVELOPER 1 owned them.14 145. In the next part of the conversation NURU discussed the of?cial actions he would take as Director of DPW to bene?t DEVELOPER 1?s project in San Francisco. Speci?cally NURU said that DEVELOPER 1, ?he's the owner of uh [the multimillion-dollar mixed-use development], the project that he And GIRLFRIEND I replied, ?That 2] was working on, yeah.? And NURU continued, ?Yup, and he's very upset about because he's, you know, he thinks he's lost, he's spent so much money and he's, you know, can't see the end of the No, it's not done. So that was the meeting we had with him on Saturday. He had a whole list of things that we need to get done. We have '4 Agents are analyzing 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 paid for multiple payments on San Francisco home mortgage, as well as making payments for construction costs for his vacation home in Lodoga. NURU also wrote two checks dated 9/18/2018 to another individual. One check was written for $4,707.41 with the memo written as 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 ?nancial evidence related to these trips. However, based on my training and experience and the general cost of ?rst class and business international airfare, I believe these checks do not fully cover the cost of trips to South America and China. In addition, neither one of these trips has been disclosed on most recent Form 700 (Schedule of the Form 700 is used to disclose travel payments, advances and reimbursements). AFFIDAVIT 54 kit-AWN Case Document 1 Filed 01/15/20 Page He's bringing in a STORE 1] in there so they ?nally (U I). .. Yeah, so he's you know, he's got a STORE 1] going in there now. They've worked out a lease with them. He's uh trying to make sure the windows are, the windows were made in Mexico and there's some kind of So we're trying to get that all resolved with the, [senior of?cial with San Francisco Department of Building Inspection (DBI OFFICIAL shop and Planning, a whole list of things that we need to get Oh yeah, but I mean, he doesn't you know, he doesn't give money or anything. He lets us stay in his hotels and stuff. He makes all the arrangements for us, which is good. And nice places.? Later in the conversation, NURU said that during the trip ?we didn't have to do anything. We just, they just say ?Hey nine o'clock, you know, meet downstairs? and when we come there, there's a Mercedes waiting for us or a nice luxury van waiting for us.? GIRLFRIEND I asked if daughter ?start[ed] to get used to it like I got used to it?? NURU responded ?Oh she she got used to it. She didn't have to think about money not one day.? Based on this call and previous intercepted calls, I believe GIRLFRIEND 1 was referring to the trip to South America that she went on with NURU and CONTRACTOR 2 in October 2018. I believe that CONTRACTOR 2 and others subsidized and GIRLFRIEND 1?s expenses for that trip. Records received from the Ritz-Carlton in Santiago, Chile, show the hotel reservation was under GIRLFRIEND 1?s name and that the room was paid for in cash. The room was occupied by two people. I believe the other person was NURU. The cost of their stay at the Ritz-Carlton was 800,400 Chilean Pesos, which is approximately equal to $1,176 US Dollars. 146. description of his arrangement with DEVELOPER 1 (that he helps DEVELOPER 1 with his San Francisco project in exchange for high-end accommodations and other bene?ts) was corroborated that same day by an WeChat message sent from NURU to DEVELOPER on November 4, 2018 at 1:41 AM PST, shortly after NURU had received luxury accommodations from DEVELOPER 1 during stay in China. The message from NURU stated: ?Thank you very much for all your generosity while we were in China. We had a great vacation and my daughter had a wonderful time. I will do my very best to see that your project gets completed. Look forward to seeing you in San Francisco when you come.? DEVELOPER I responded the next day: ?You?re welcome and thank you so much. Looking forward to seeing you in San Francisco.? 147. Based on open-source information, the project is a condominium complex with retail AFFIDAVIT 55 FILED Case Document 1 Filed 01/1520 Page 60 of 79 planned for the first floor. According to publicly available documents the project experienced various construction delays. When NURU referred to "Planning," I believe he was referring to the San Francisco Planning Department or San Francisco Planning Commission. These entities handle approving various parts ot'construction projects in the city. 148. While NURU was in China. on October 24, 2018. at approximately 12:56 pm, NURU received a call from DPW EMPLOYEE 1. During this call, NURU asked ?What?s going on with [address for DEVELOPER 1?s mixed-use project]??" and the individual responded that he heard the developers were dragging their feet. NURU said don?t think so? and continued later by saying ?there?s an issue with the glass. . .Yeah. it?s the glass, something about. uh, some detail that they were concerned about that was not safe or something." The call was minimized near this point. However. based on my training and experience, I believe NURU, in his official capacity as the Director was using this call with a DPW employee to check on DEVELOPER 1?s project in order to assist DEVELOPER l. 149. A search ofcommunications in personal email account also indicates he remained involved in moving DEVELOPER project forward. both before and after his trip to China. These communication include: a December 9, 2018 email from CONTRACTOR 2 advising NURU that DBI had provided notice that a temporary certi?cate of occupancy for DEVELOPER 1?s multimillion?do]lar, mixed?use project was on hold until the project sponsor completed installation of additional items: and (ii) a February 8. 2019. email from the personal email address OFFICIAL 1 to CONTRACTOR 2. cc to personal email address, indicating that the official would attend a dinner with DEVELOPER 1 at a San Francisco restaurant later that month. 3. Transbav Transit Center 150. As noted above, NURU is also the Chair of the TJPA. The Office of Community Investment and Infrastructure (OCII) (the successor to the San Francisco Redevelopment Agency) and TJPA are developing the 'I"ransbay Transit Center through a competitive bidding process. In order to lease commercial space at the Transit Center. prospective tenants must submit an online cnant Application. Following the application, the prospective tenant will need to submit a Letter which should include a resume, concept description. business plan, proofol?capital, and two years of AFFIDAVIT 56 FILED is.) Lu Case Document 1 Filed 01/1520 Page 61 of 79 business or personal tax returns. Deals are to be evaluated on a point system based on if a tenant is a local business, ifit ?ts within the merchandising plan, and if the tenant has the operating experience, ?nancial capital, and if the product offering will enhance the neighborhood. The TJPA has primary jurisdiction regarding matters concerning the ?nancing, design, deveIOpment, construction, and operation of the Transbay Program. 151. Intereeptcd communications on cell phone Show that NURU and BOVIS have discussed NURU helping BOVIS receive a contract for one of restaurants at the new Transbay Transit Center (alternatively referred to as the ransbay Terminal). The paragraphs below summarize certain intercepted communications related to the scheme. 152. On November 13, 2018. at approximately 6:09 PM. NURU called BOVIS. During this call, they discussed the Transbay Terminal. BOVIS said ?Um, but I was gonna ask you to about uh um wondering. I sent you the stuff for the uh (U1) let me port it over to the new email too. I?ll send it to ya, from the ah real estate people at um Transbay Terminal." NURU said, ?I?ll talk to EXECUTIVE Based on my training and experience and the context ol'this call, I believe NURU was saying he would talk to TIPA EXECUTIVE to help BOVIS. 153. On November 30, 2018, at approximately 5:49 BOVIS called NURU. NURU and BOVIS discussed a variety of topics starting with a lease BOVIS is trying to get at the Transbay Terminal. BOVIS said, ?Doing good, um. a couple things to ask you. Did you ever talk to the guy over at uh, the." NURU then interjects BOVIS then af?rmed and NURU said, "Yeah, I talked to him. I see the dialog going backwards and forwards, so." They then discussed the leases and spaces available at the terminal. NURU said when he talked to the people at the terminal they told him for what BOVIS wanted to do. certain spaces would not meet his requirements. I believe this shows NURU is taking an active role in trying to get BOVIS a Space at the 'l?ransbay Terminal. NURU said to BOVIS when talking about his dealings with the Transbay people. ?Yeah, I don't know, I don't know how to handle it because be, you know, he knows that I'm pushing on Based on my training and experience. I believe that NURU was trying to be careful about pushing too hard for a lease opportunity for BOVIS and wanted to avoid raising red flags that might draw unwanted attention to his relationship with BOVIS. AFFIDAVIT 57 FILED U) U1 16 Ix.) Lu Case Document 1 Filed 01/1520 Page 62 of 79 154. On December 6. 2018, at approximately 1:30 PM, NURU called BOVIS and explained to BOVIS that TJPA EXECUTIVE was also on the phone. The audio from the call indicates that NURU and TJPA EXECUTIVE 1 were utilizing the speakerphone function cell phone. It also appears that the call was made from the privacy of of?ce. Cell?tower location data shows that cell phone was in the vicinity of San Francisco City Hall. Agents have also confirmed that TJPA EXECUTIVE I was seen leaving the DPW of?ce suite after the meeting in of?ce would have concluded. 155. On the call, NURU explained to BOVIS that, ?Okay, so, so EXECUTIVE I]?s here, so I guess we?re trying to ?gure out what your situation is and trying to resolve it." BOVIS and TJPA EXECUTIVE 1 thereafter discussed top three choices [or Spaces to lease. BOVIS explained, ?Yes. as of, as of right now the I 19 is the preferable. That 121 was the one we really wanted but um they uh said they already signed the lease papers on that or they?re in the process ol?doing it, and so they wouldn't present our offer. . .So 121, 1 I9, 135." BOVIS also told EXECUTIVE 1 they sent in an ol?l?er. but was concerned the offer was never presented to TJPA EXECUTIVE . TJPA EXECUTIVE reassured BOVIS. "Ok. I'm I'm aware of uh, I'm aware that you?ve have it on my, I have it on my sheet, so let me follow up." 156. Based on the investigation and the substance ofthis call. I believe NURU is using his of?cial position and in?uence as Chair ofthe Board ot?Directors ot?the TJPA to assist BOVIS in securing a commercial lease for one ot'his businesses in the Transbay Transit Center; namely, by arranging a direct meeting between BOVIS and TJPA EXECUTIVE 1. In exchange, I believe BOVIS was continuing to "take care 01" NURU through kickbacks, free meals or other benefits in the same way that he alluded to as part ofthe Airport Scheme when, for example. he said during a recorded call on March 1. 2018. with "I?ll just, take care, I?ll do it on my side with the, the head of DPW, the one who introduced us so I?ll take care ofthat." BOVIS repeated the same thing during the March 19, 2018, meeting at the Broadway Grill with UCE-7982, CI-IS-87856. and When CHS- 87857 asked BOVIS would want something in return for his help with the airport concession, 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 01? him." AFFIDAVIT 58 Case Document 1 Filed 01/15/20 Page 63 of 79 A A 157. On December 10, 2018, at approximately 4:40 PM, BOVIS again called NURU. During the call, BOVIS said, sent that guy our information. He?s helping me. EXECUTIVE NURU responded, ?Oh good, good.? NURU and BOVIS discussed how when EXECUTIVE 1] called BOVIS, he said phone was not answering. After that BOVIS and NURU discussed the danger of the FBI monitoring their calls: NURU: Every time he called you, he says ?Guys doesn?t answer. The phone doesn?t answer. I was like, what do you mean the phone doesn?t answer? BOVIS: Huh, I don?t know, maybe I have something wrong with my phone. NURU: Yeah, and then, I said, ?Well I wanna call him right now from my phone.? BOVIS: As long as, as long as nobody, nobody at the FBI is looking, listening to me, that?s cooL NURU: (laughs) BOVIS: (laughs) Maybe (U I) my phone?s protected NURU: (laughs) You make me paranoid man BOVIS: I know, no, no, I?m joking. NURU: I?ll send you that information. I?ll send it to you right now. 158. I believe this shows BOVIS and NURU know what they are doing together is illegal. As described above in connection with the Airport Scheme, this is not the ?rst time BOVIS expressed concern about the FBI investigating his conduct. 159. The same conversation continued when NURU asked BOVIS, 1] ever get back to you?? BOVIS responded, ?Yeah, he did, and I told him, uh, yeah, so I told him, I, I, I?ll tell you about He has a solution now too for He said um, he said he ?gured out how to do it correctly. . . That way he can be um, uh, ?cause he won?t be the architect on, um, the ?cause he?ll be the design, the right, uh the design consultant for you.? NURU said like that, oh I can get somebody to stamp the drawings. Tell him not to I can get somebody to stamp it, yeah, I got it, I can get people to stamp it for yeah, he shouldn?t worry about that.? Based on my training and experience, and the context of this call, I believe NURU asked BOVIS if ARCHITECT I contacted BOVIS again. Previous intercepted communications reveal that ARCHITECT 1 is an architect working AFFIDAVIT 59 10 ll 13 14 15 16 Case Document 1 Filed 01/1520 Page 64 of 79 with BOV IS to design temporary homeless shelters for a city contract. Intercepted communications also indicate that he is supposed to be involved in work on NURU's vacation home. I believe this call shows NURU and BOVIS attempting to hide ARCHITECT 1?s involvement as an architect because ofthe bene?ts NURU is receiving. 4. Bathroom Trailer Scheme and Homeless Container Shelter Scheme 160. In November 2017. San Francisco DPW released a new set of portable public toilets designed to look like the iconic San Francisco Painted Ladies houses. In 2018. DPW was funded to purchase more bathroom trailers. As described below, NURU gave BOVIS inside information regarding the specifics of the project and had one ofhis DPW employees, DPW EMPLOYEE 2, deal with BOVIS regarding the specifications.'5 During this call. BOVIS assured NURU that he never sends any emails to NURU at his government email address. NURU then told BOVIS to always use personal email address. which could be "anybody.? NURU then directed another DPW employee, DPW EMPLOYEE 3. to assist BOVIS with the project. DPW EMPLOYEE 3 told BOVIS that NURU put him in charge of it and that DPW EMPLOYEE 2 was still the main guy but DPW EMPLOYEE 3 would oversee everything. To complete the project. BOVIS is working with a husband and wife construction/designer team. BOVIS and the team have discussed the Specifications and requirements from the email sent from DPW EMPLOYEE 2 at DPW. Notably, during one conversation with BOVIS, one ofthe members of the team asked about other bidders and the due date ofthe bid. BOVIS replied the bid was ?just a formal ity. 161. NURU and appear to have a similar arrangement for a project involving the construction of small container-type portable housing for the homeless. A summary ofpertinent communications regarding these schemes follows below. 162. On July 3. 2018, at approximately 5:42 PM. BOVIS received a call from NURU. Both were using their cell phones. NURU and BOVIS talked about the project for providing the city with portable public toilets for the homeless. BOVIS said. "Good how are you, I got my email from EMPLOYEE so I responded back to him.? NURU replied, ?Oh good, but also I need you to. I?m ?5 As a restaurantcur. BOVIS has no apparent construction expertise that would be relevant to these projects with DPW. AFFIDAVIT 60 10 11 12 13 14 Case Document 1 Filed 01/15/20 Page 65 of 79 confused on the specs for the bathroom. Have you talked to John? I don't know if it?s a wooden one, he asked me ifit's a it?s a wooden one or a metal one BOVIS replied, "No, it?s the same one wejust made it uh more cost effective, we modi?ed it a little bit." NURU said, ?Yeah, yeah I need to get a copy of the spec that you I can give it to him because he's sayin' is it the wooden one or is it the metal one? I said, I don't know which one it Cause I want to give it to him because I need. I need ?ve right now." BOVIS said, ?Yeah, no I wrote the spec perfect for you. I got 'em all. uh." NURU replied, ?But we have to send it over to [an associate?s] shop." BOVIS laughed and said, "Yeah, alright no problem. Yeah, yeah sorry ifI didn't cc you on it I thought I did, but do you want it to personal email address] or to the department?? NURU said, "Well if you're gonna put me on the BOVIS replied, ?Okay don't put you on the email?" NURU said. "Yeah, just send it to EMPLOYEE 2] just tell him you know, here are the specs for the new trailers, I heard you?re going to be needing BOVIS said, ?Okay. and that at the same time I'll (UI) to personal email address] right?" NURU replied, ?Yeah, you can do that. Yeah." BOVIS said, ?Okay, that way it?s the family one. Okay. got it." Based on my training and experience, and the context of this call. I believe BOVIS and NURU are working on a project to supply the city with portable public toilets for the homeless. I believe NURU has influence or control over these contracts and the reason he does not want BOVIS to email him on his work email is because NURU wants to conceal his involvement in the project because he is receiving items ofvalue from BOVIS in exchange for of?cial action. 163. Later during the call NURU discussed the funding available for the portable public toilets project. NURU said. "Okay well, I guess they de?nitely need ?ve and I have the money out." BOVIS replied, ?Yep, we're ready, I'm ready. As soon as they get that. I'll send over the specs to you again. I put a separate letter to him." NURU said, ?Yeah, we need them now because we have uh, we have funding for ?ve new locations BOVIS said, "'l?wenty minutes, you'll have it." 164. BOVIS and NURU then talked about another project. where BOVIS would be providing the city with portable homeless shelters. BOVIS said, ?And I talked to EMPLOYEE 4] twice now on the email, so uh. He asked me ifI need electricity at the site. I'd rather have electricity because it costs more to do solar and stuff.? NURU said, "Okay that's ?ne. .. Yeah he's going to ?nd a place for I think on Mission Street in the courtyard (UI). .. and we'll let homeless sleep in it and test it out." AFFIDAVIT 6 Case Document 1 Filed 01/15/28 Page 66 of 79 BOVIS said, ?Yep, that?s what you got to do and make sure everything works I, I got to write, I think I can do it myself but I write a letter of intent to the companies they may give it to me for free but if I had a letter from you guys that?s like a letter of intent that we're looking into this and from the SMTM company, so that'll probably be easier.? NURU said, can write you a letter if you need one. That's BOVIS said, ?Okay yeah, because if I have one from him then we look like that were that we got a serious, uh they can donate the, urn, panels so we can build the ?rst one for a lot cheaper.? NURU replied, ?Okay yeah he can write you a letter. He can write you a letter.? 165. On July 5, 2018, at approximately 4:33 PM, BOVIS received a call from NURU. BOVIS told NURU that DPW EMPLOYEE 2 wrote the speci?cations for the portable public toilets and that he ?just copied it for the old camper ones, you know they didn't say anything about the Victorian, they just 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 Victorian.? BOVIS asked NURU if DPW EMPLOYEE 2 wanted metal studs or if it would be alright to use wood, and NURU responded, ?Well follow him. He?s kind of an equipment guy that?s why I need you to work with well talk to him because once you and him agree then you know I?m already moving the money around so, yeah, yeah.? BOVIS said, ?Yeah, the one he wrote is um for the camper, you know ?berglass outside and for the ones that and NURU responded, ?Change it, change it.? BOVIS stated, ?Okay I'll change it all.? And NURU replied, ?Yeah change it, yeah.? BOVIS said he would submit a proposal with wood studs and NURU responded, ?Well give him, yeah, tell him this is the one that you have, you know, urn yeah, but you need to work it with him, I guess that. . .to be able to move it forward, yeah, yeah, because I?m pushing right now, so yeah, yeah. . .Tell him uh, this is this is a preferred one, yeah.? Based on my training and experience, and the context of this call, I believe BOVIS may have improperly received information on this contract and NURU is helping push the contract toward BOVIS. To date, although agents have been unable to ?nd any open RFPs or any contracts regarding this project, as discussed above, I believe NURU has in?uence or control over these contracts and the reason he does not want BOVIS to email him on his work email is because NURU wants to conceal his involvement in the project. 166. On July 5, 2018, at approximately 4:49 PM, BOVIS called an individual believed to be AFFIDAVIT 62 FILED Case Document 1 Filed 01/15/28 Page 67 of 79 DPW EMPLOYEE 3. DPW EMPLOYEE 3 told BOVIS he just left NURU and that NURU told him that ?you and I should get together and discuss, you know.? BOVIS asked if DPW EMPLOYEE 3 was writing the speci?cations for the portable public toilets and DPW EMPLOYEE 3 responded 1, yes. 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.? BOVIS asked about DPW EMPLOYEE 2 and DPW EMPLOYEE 3 said, EMPLOYEE 2] he?s the main guy, but I?m gonna oversee so he just wants me to, uh, to act in the middle.? BOVIS responded ?Excellent.? 167. DPW EMPLOYEE 3 then told BOVIS ?Please send me everything that you and EMPLOYEE 2] are working on so I know exactly what is going on so we get it right, you know?? Based on my training and experience, and on the context of this call, I believe NURU told DPW EMPLOYEE 3 that he should work with BOVIS to ensure that BOVIS won the contract. 168. On July 5, 2018, at approximately 4:52 PM, BOVIS called one of the people working on the design for him. BOVIS began the conversation by saying, ?Hey. . .uh, you guys must have been praying because I?ve got some better news. I talked to Mohammed. . .Yeah, and I, I told him that the specs that you got, you just copied and pasted from before So I talked to his other guy EMPLOYEE not EMPLOYEE but the other guy who is EMPLOYEE 2] is his boss, but, 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 metal.? The individual responded, ?Okay, so we?re, so we?re kinda pushin? back right now with our answer and it?s becoming a dialogue kind of. That?s what I wondered what was happenin? because the whole BOVIS asked the person if he had talked to anyone about it and he said he had not talked to anyone yet. BOVIS responded ?Oh good.? Based on my training and experience, and on the context of this call, I believe BOVIS used his possible inside knowledge about the portable public toilets project to his advantage in designing his proposal. 169. On July 6, 2018, at approximately 1:15 PM, BOVIS sent an SMS Text Message to DPW EMPLOYEE 3. BOVIS said, ?Can you send me your email Thank you nick Bovis.? DPW EMPLOYEE 3 responded with a reply SMS Text Message at approximately 1:28 PM with his of?cial sfgov.org email address. BOVIS then replied, just sent you correct specs? DPW EMPLOYEE 3 then texted back, ?ok AFFIDAVIT 63 Case Document 1 Filed Gilli/.23 Page 68 of 79 will take a look soon as I get into of?ce thx? Based on my training and experience, and the context of this text message exchange, I believe DPW EMPLOYEE 3, at the direction of NURU, is assisting BOVIS with the portable public toilets project. Based on my training and experience, and the context of this communication, I believe BOVIS and DPW EMPLOYEE 3 emailed each other about this project in order to enhance the chances that bid was accepted. 170. On July 9, 2018, at approximately 8:33 AM, BOVIS received a call from one of the individuals working on the design for him. They discussed construction speci?cations for the portable public toilets project and whether they should be using wood or metal and the costs associated with each. The person asked if the price was ?stuck at 65? and BOVIS said he would ?nd out. 171. On July 19, 2018, BOVIS called one of the individuals working on the design for him and they discussed project Speci?cations. The individual asked BOVIS, .. And when is the bid due date as far as, I mean, we'll get it right back, but when is it due as far as everybody else having to submit if they're going to?? and BOVIS responded, ?Nobody else will be able to do it once I uh, um, it's just, it's just a formality.? The individual stated, formality.? BOVIS replied, ?But I have to, I have to make sure it?s like a, like you want it just say yes and exempt if it's anything. If they ask for the guy ?ying out there and all that bullshit just say exempt or someone will send pictures or whatever. . 172. I believe BOVIS has a similar arrangement with NURU regarding a homeless shelter project. Based on intercepted communications, BOVIS appears to have reached an agreement with NURU where NURU will ensure BOVIS wins the bid to construct homeless housing shelters. 173. For example, on August 10, 2018, at approximately an individual working with BOVIS on the homeless shelter project, ARCHITECT called BOVIS to discuss a presentation for the container shelter project. ARCHITECT 1 expressed his concerns about disclosing too much about their ?6 Based on public source information, I believe BOVIS has worked on the portable toilets project in the past. Speci?cally, a press release in 2017 stated . .the custom-made, solar-power portable toilet was a design and manufacturing collaboration between Public Works and Tiny Potties, an enterprise owned by San Francisco entrepreneur Nick Bovis. . The website has Dignity Spaces listed on the top, various Victorian style building drawings and descriptions, and an email address associated with restaurant, copyright Dignity Spaces 2018 at the bottom. Per searches of the California Secretary of State Business website, the San Francisco government website, and open source searches, agents have not identi?ed Tiny Potties or Dignity Spaces as incorporated entities. AFFIDAVIT 64 FILED Case Document 1 Filed 01/15/29 Page 69 of 79 A . design with others. ARCHITECT 1 said, "oh no worries no yeah I got ah an email from EMPLOYEE 4] yesterday, and ah EMPLOYEE 4] and a team actually, and then I called and they desperately want the material, here's my only concern is uh, you know you met ah part of our presentation, and he was with ah, some of the senior of?cials in the Oakland site reviewing the Tuff Sheds and SIP panels came up there, and so I'm just, are you sure they're going to act in good faith if we share all of our information?" BOVIS said yes and ARCHITECT 1 then said, "You sure DPW won't be shopping around or looking to other." And BOVIS replied, ?No, Mohammed will give it to me if ah ah.? And ARCHITECT 1 said, "Ok, alright I just wanted to be sure because the SIP panel stuff started coming up with all them too. So we de?nitely don't want." Based on my training and experience, and the context of this call, I believe BOVIS and NURU had already agreed to grant BOVIS the contract, and BOVIS had no concerns about competition or sharing information with others because he knows he will win the bid. 174. BOVIS and NURU continued their contact concerning the bathroom trailer project later in 2018 as well. 175. On November 27, 2018, at approximately 8:04 AM, NURU called BOVIS. After discussing other topics, BOVIS mentioned the bathroom trailer project. BOVIS said, ?No, um, we're just waiting for the bathrooms right? Haha. .. They're waiting for the budget right.? NURU answered, ?Yeah, we're trying to free up our money. You know the city changed ?nancial systems so we're trying to ?gure out exactly how much money we have and what we don't have. But we're close, we're close.? 4 176. On November 30, 2018, at approximately 5:49 PM, BOVIS called NURU. NURU and BOVIS discussed a variety of topics starting with a lease BOVIS is trying to get at the Transbay Transit Center (discussed above). BOVIS and NURU also discussed the bathroom trailer project. BOVIS said, ?Oh and then urn, my guys in Minnesota, I mean, uh not Minnesota, in uh, they were asking me about, I can tell them about uh the order, I told them in couple months, probably.? NURU then responded, ?Yeah, no, I'm trying, I'm gonna, yeah, I'm gonna get the money especially now that [the mayor?s] got this new money that they've I think I'm gonna be, make sure I get, I'm gonna try get some of that for sure.? The two then discussed how long BOVIS should tell his builders it would take for the AFFIDAVIT 65 Lu Case Document 1 Filed 01/15/20 Page 70 of 79 city to get the funding so they could start the construction. They both decided to give it six months. I believe this shows NURU continuing to use his official position to steer ?nancial opportunities to BOVIS. 177. The last topic BOVIS and NURU discussed during this call was a Thanksgiving Day voucher deal where BOVIS gave vouchers to NURU. NURU then gave the vouchers to his employees who had to work on Thanksgiving. The employees could then eat for free at restaurant, Lefty?s Ballpark Buffet. BOVIS would then give the vouchers that were turned in for the free meals back to NURU and NURU would pay for the meals out of DPW funds. NURU said, Yeah so, prepare that invoice for me and put the discounts on it.? And BOVIS said, "Yeah, I did NURU then replied, Ok. oh good, perfect Yeah. then give it to me and I'll have it processed, yeah have it processed." BOVIS then thanked NURU, "Thank you so much Mohammed" And NURU said. "Yeah, no problem. no problem. And then we'll do the same thing for Christmas or any other holiday coming up. You let me Yeah, so any other holiday or like or any day you think you'll have low attendance. you let me know, I can do the same thing, my friend, you know.? BOVIS then ended the conversation by talking about The Broadway Grill, which had been closed for months due to a fire. said. ?Alright, oh um Broadway Grill will be opened up pretty soon too. I'm working with the chef right now." And NURU said, ?0k, yeah that would be nice BOVIS replied, "Yeah, whatever you need. yeah whatever you want to bring there. I'll take care of it." And NURU said. "Ok. alright. that sounds good.? Based on my training and experience, and the context ofthis call. I believe this is another example ofhow NURU grants BOVIS ?nancial opportunities as Director and in return. NURU gets perks such as free meals from restaurants. Agents have previously seen NURU eat for free or at a discount at The Broadway Grill. 178. On January 29, 2019, at approximately 7:00 PM, NURU called BOVIS. BOVIS and NURU were discussing their schedules and trying to find some time to meet. BOVIS asked NURU. "No no. I got to stay down here tonight, can uh, should we meet tomorrow then? Would that be better?" NURU said he would try for Thursday. The two then joked around about BOVIS going to meet NURU in City Hall. BOVIS said. ?Let me get ya on Thursday. or you want me to come by down to your of?ce? See ya down there? Or?? And NURU answered. "No don't come by to my office (laughs)." And AFFIDAVIT 66 FILED U) 42- LJJ ix.) 27 Case Document 1 Filed 01/15/20 Page 71 of 79 BOVIS laughed as well, ?Ok No No. Ok 1 know. Ok. Oh god I?m sorry (laughs).? BOVIS then laid out why he could not meet NURU tonight and said, he only problem tonight is that um earlier I was gonna meet ya 1 didn't get enough for me, right now.? And NURU said no problem and BOVIS continued, "Yeah. So I'll go in the morning and Someone got to me (NURU then laughed and BOVIS continued) They they got to me." Based on my training and experience, and the context of this call, I believe BOVIS and NURU were going to meet to talk about one ofthe schemes they are currently involved in. such as the bathroom trailer project, homeless shelter project, or another money making scheme. NURU eventually went to restaurant, The Broadway Grill. 1 further believe NURU wants to hide his relationship with BOVIS from his coworkers since he does not want BOVIS going to his of?ce. It is unknown what BOVIS was talking about when he said he ?didn?t get enough for me," ?someone got to me." and ?They they got to me," but based on my training and experience. and the history ol'this investigation, I believe it may possibly be a reference to cash. 179. On February 13. 2019, at approximately 6:12 PM, BOVIS called NURU. The two discussed the bathroom trailer and homeless shelter schemes. BOVIS told NURU he had attended a meeting earlier in the day where they discussed temporary homeless housing shelters and that his contractors could build the shelters in eight weeks and it needed to be completed by June 31, 2019 "so it?s pretty crazy.? NURU responded "We can, they can knock it out and get it done. I mean those are the good kinds of projects, right??" BOVIS went on to say that in order for his contractors to be paid quickly. he needed to have it set up with the city and that he needed to add ?temporary structures" to his business?s description with the city. After saying he sent his ?nal proposal for the bathrooms to EMPLOYEE BOVIS said he ?sent the other thing to the uh lawyer and uh he?s looking into that area there to see if it?s doable. ..'eause he's uh, they're lobbyists and um laxwersjust for gaming." NURU responded he would like to set up a meeting with BOVIS and ?the lady I?m dealing with. . .because she's my contact, I'm a build. she?s my contact who?s getting me all the infonnation through those guys, these guys. . .These guys. they own casinos in uh China.? AFFIDAV 67 FILED I?d LIJ Case Document 1 Filed 01/15/20 Page 72 of 79 180. NURU switched to another call and called BOVIS back shortly thereafter.17 During the follow up discussion, BOVIS said ?And then um, the bathroom thing too, I?m good with that too got it all, he?s gonna build it even better, so I?m happy by that." NURU responded "Ok, well, we?re all good. We?re all good man. We?re do some good stuff there and. you know, take care of everything, yeah." BOVIS said he needed to get his restaurant Lefty?s going (which opened in a new location near Fisherman?s Wharfin November 2018) and NURU responded ?We?re gonna do that too. We?re gonna ?gure that out, yup, we?re gonna figure that one out.? NURU said that GIRLFRIEND 1 was still working on ?nishing up a project for BOVIS regarding restaurant. BOVIS and NURU returned to the subject of building a casino and they discussed the photograph ofthe site NURU sent BOVIS. NURU said the pictures showed ?a hundred and forty-seven acres. It?s huge" and "they own that land. . .yeah so you know, anything we can do there, and they?re willing to come up here, so they?re starting to look at some land up here.? BOVIS responded, "Yeah. I can get, I can get the guys to help them with the [casino] license for sure." BOVIS went on to say his lobbyist/attorney contact works in Los Angelcs and Sacramento and specializes in gaming in California on non-Native American land. 181. On February 14. 2019, at approximately 6:49 PM, NURU called BOVIS. BOVIS said just wanted to uh, so I've been working with uh. they?re working really fast on this emergency contract thing" and asked if there was a way to get a deposit for the work that his contractors have done on the plans and proposals. NURU responded, ?You have to get, you have to get the contract ?rst, when you get the contract. . .when you get the contract." BOVIS then switched topics to helping NURU and said "So um. then i got the other guy, uh, for that site down there. I think that area there. he can uh. work with them for that um. thing, so if you wanna um, I can introduce or we can put that together for the lady '7 It bears noting that NURU was not honest with BOVIS about the person he was talking with on the other line. NURU was talking with CONTRACTOR I about the delivery ol?a tractor CONTRACTOR I was coordinating. NURU told BOVIS he bought a new tractor and that the company was trying to get directions to 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 during this period. Based on my training and experience and the context ol?this call, I believe NURU knows his conduct with CONTRACTOR I and others in connection with the Vacation Home Scheme is illegal and, even though he is engaged in illegal conduct with BOVIS, NURU is attempting to compartmentalize how much BOVIS knows about other schemes. This conclusion is supported by another intercepted call between NURU and GIRLFRIEND l, discussed below. where the two discuss the need to limit how many people know about vacation home. AFFIDAVIT 68 FILED U.) Case Document 1 Filed 01/1520 Page 73 of 79 down in Les Angeles too." NURU said ?but I need to sit down with you to lay everything yeah, that way, that way. . .when we meet with my person. the few of us can, can lay it out." 182. BOVIS then switched the conversation back to the bathroom trailer proposal. BOVIS said that DPW EMPLOYEE 5 was out, but he sent his proposal to her this morning. NURU responded ?she told me, she told me something, uh like, uh, like uh, 79000 or something like that?? BOVIS responded "Yeah, ifyou need it different,just let me know and I?ll change whatever, uh, I need to do, I just wanted to, they added all the solar stuffin there and all this stuff, uh, I had to uh, they added delivery.? BOVIS said he can ?just lower it" il" he has to." NURU reSponded ?Let's see. Don?t worry.? BOVIS and NURU then had the following conversation: BOVIS: Just i'l?you want to tell me what to do and 1 can do it. NURU: I don?t know. I don?t know because ofhow we. Iet?sjust go with it and see, yeah, yeah." BOVIS: Oh shit. I should have asked you ?rst, sorry. NURU: Yeah (laughing). That's ok. BOVIS: Um, ah fuck, oh. NURU: That's ok BOVIS: (Laughing) Oh boy, I haven't learned all these things, I'm sorry Mo. NURU: Don't worry. don't worry BOVIS: Ok NURU: Ok BOVIS: Next time I?ll do it the other way NURU: Yeah 183. At the end ol'the conversation NURU said "0k. let me work, let me work on this big one because that?s the one we need to get in." 184. On February 19. 2019, at approximately 10:32 AM, NURU received a call from BOVIS. BOVIS said DPW EMPLOYEE 5 was not answering her telephone, but that BOVIS wanted to ask ?if, um, the guy that?s doing the um, bid, uh whatever, the proposal for um, the sprung unit, and all ol?those things, he wanted to know it?. if they could award the contract to my company." NURU responded ?Yeah, they they should, I mean they should be able to. I mean, just go ahead and do it with AFFIDAVIT 69 FILED Case Document 1 Filed 01/15/20 Page 74 of 79 your company name. Don?t, don?t a problem, we?ll cross it, but right now, that?s where we?re going. . .yeah, if we run into a roadblock, we?ll ?gure out how to unblock it.? Based on my training and experience, and the context of this call, I believe NURU was telling BOVIS that he would correct any problems with bid to ensure that BOVIS wins the contract 5. Vacation Home Scheme 185. Agents have also intercepted numerous calls indicating that NURU is remodeling his vacation home in Stonyford. California. The home has been extensively remodeled largely by contractors from San Francisco. It is approximately a three and a half hour drive from San Francisco to Stony ford. As noted above, in this economic climate and given the considerable extra expense to a customer. it is remarkable that NURU has contractors from San Francisco driving three and a half hours one way to work on his vacation home. NURU appears to be using speci?c contractors with business with the City and County ofSan Francisco for this work. He also appears to be using his official position to obtain discounted work from a DPW employee EMPLOYEE 6] who has promised to charge NURU a discounted rate for concrete work and assured NURU that he would not put him ?in harm?s way" by bringing other city employees to work on the vacation home. 186. One ofthe contractors who is sending workers to work on the vacation home, CONTRACTOR 1, is the CEO and Vice President of a company that has received numerous contracts with the City and County of San Francisco, including a 2018 contract with DPW worth more than $2 million (according to publicly available information). CONTRACTOR 1 also appears to have provided NURU with construction equipment to use in grading projects at vacation home. At the same time that CONTRACTOR 1 was communicating with NURU about assisting him with the vacation home. it also appears that he was receiving behind-the?scenes support from NURU to resolve issues with city projects. including a project to replace sidewalks on Van Ness Avenue in San Francisco. 187. For example, during a recorded call 011 September 14. 2018, CONTRACTOR 1 and NURU discussed one l?s employees who would be arriving with equipment to work on vacation home. Later in the same conversation, CONTRACTOR 1 appeared to ask NURU for assistance with a city project. saying ?Sounds really good. so. hey. um, keep in mind that, you know. the property with [street in San Francisco]. right, that piece ofland there. right so ifyou can do AFFIDAVIT 70 mm? Ix.) L1.) Case Document 1 Filed 01/15/30 Page 75 of 79 something." NURU interrupted and said ?Promise. . .yeah um EMPLOYEE has been in jury duty this whole week, so he hasn?t been here, but he is working on that for me to figure out how we can make it all clean and legit and yeah, so there is no long?term problem." CONTRACTOR 1 responded ?Perfect, perfect, perfect, okay you man?? 188. Based on a number of intercepted communications and emails, CONTRACTOR 2 (who arranged free or subsidized travel and lodging for NU RU in South America and China as described above), also appears to be providing free or subsidized work on vacation home, including a ?crew? of workers that was coordinated with CONTRACTOR 2?s son and sent to the home in February 2019. 189. Along with CONTRACTOR 1, CONTRACTOR 3 also appears to be helping NURU with his vacation home. CONTRACTOR 3 is the owner ofa separate construction engineering firm based in the Bay Area that is focused on government contracts that has performed work on a number of projects for the City and County of San Francisco. CONTRACTOR 3 is an associate and has traveled internationally with him. Intercepted communications indicate that CONTRACTOR 3 and CONTRACTOR 1 arranged to deliver a new John Deere tractor to NURU in February 2019. 190. For example, on February 7. 2019 at approximately 4:32 PM. NURU called CONTRACTOR 1. CONTRACTOR 1 told NURU that he "Spoke with 3] '9 and the John Deere is ready. You need to give me two days, available days, on weekdays in the next two weeks, he uh, John Deere have to deliver and teach you how to Operate it, so you need to give me two days and they?ll pick one ofthose days to make it work for you." 191. On February 1 1, 2019. at approximately I 1 :28 AM, NURU called CONTRACTOR 1. 18 During another call, on September 26, 2018, at approximately 8:55 AM, NURU called CONTRACTOR 1. In the call, CONTRACTOR I discussed a contract he had with the City and was asking NURU for help. CONTRACTOR 1 said, ?Hey, so I sent you an e- -mail on the other e-mail. Um, .[construction company] 1s vt o1k1nU on the job on Van Ness. And And, there were three hearings. I need to cut. I In doing the side work. And the and the, and you know the sidewalks. And the It signi?cantly its a little dilleient so they' re putting in all new trees similar size everything. But they denied the removal of the trees at the hearing and I uh send you the paperwork you know NURU then asked 101 the address and CON TRACTOR 1 continued by providing an address and said ?And. um, so 1 send it to you. See if you could take a look at and see il?there's something can help out with." NURU responded. ?Okay, let me look at it." NURU then followed up with a number of calls to other city of?cials and employees about sidewalk issues with the Van Ness project. 19 Based on other intercepts. agents believe this is a reference to CONTRACTOR 3. AFFIDAVIT 7 FILED Case Document 1 Filed 01/15/3120 Page 76 of 79 A CONTRACTOR 1 con?rmed that NURU would be at his vacation home on the following Tuesday so that he could receive the delivery of something. In later intercepted conversations, it was revealed that CONTRACTOR 1 was coordinating the delivery of the new John Deere tractor. CONTRACTOR 1 said that he will nail down the delivery and that 3] might want to visit the ranch with CONTRACTOR 1 during the weekend. NURU said CONTRACTOR 3 could come to the ranch as well. 192. On February 18, 2019, at approximately 11:56 AM, NURU called CONTRACTOR 3. They discussed how beautiful new tractor was and CONTRACTOR 3 said am going to make another trip um probably next week to bring the attachments. . . .so I got one more attachment that is a bore attachment, another attachment that is a grading attachment for spreading rock and leveling things, ok, I?m glad they made it over there.? NURU responded ?Nice, nice. I just ?nished my training course (1aughs)? and CONTRACTOR 3 replied ?Good. That is the only reason I wanted to coordinate. Otherwise, I wouldn?t have told them to deliver it, but uh, there are a few things that need to he, go over, and how things connect and that stuff.? 193. NURU had a similar conversation with CONTRACTOR the following day. On February 19, 2019, at approximately 7:46 AM, NURU called CONTRACTOR 1. The two of them discussed new tractor and CONTRACTOR I asked if NURU was happy with it. NURU responded ?Yeah, yeah, very nice. It?s a nice tractor. Very nice, you know, it?s a modern tractor for sure.? 194. Between July 2018 and February 2019, Agents also intercepted numerous calls between NURU and DPW EMPLOYEE 6 about providing concrete work on vacation home. NURU has intervened with the employee?s supervisor on separate occasions to make sure the employee has authorization to visit NURU or take time to work on the vacation home. DPW EMPLOYEE 6 appears to be providing NURU with a discounted rate for the labor. Both have acknowledged the need to keep the arrangement con?dential. 195. For example, on December 5, 2018, NURU called DPW EMPLOYEE 6, at approximately 5:07 PM, to ask about the work on home for the upcoming weekend. Describing the crew he will have working on the home, DPW EMPLOYEE 6 stated, ?I?ll have, I?ll have myself, I?ll be there, and then I?ll have four, four guys and one apprentice, so we?ll be there.? NURU AFFIDAVIT 72 FILED 9 10 ll 16 Case Document 1 Filed 01/1520 Page 77 of 79 then inquired, ?Okay good and uh, these people are not uh, they?re not City people are they?" DPW EMPLOYEE 6 replied, ?No, no. . .You don?t have to worry, you don?t have to worry about none ofthat NURU stated ?Okay, no that?s good Ijust wanted to make sure.? DPW EMPLOYEE 6 then reassured NURU, wouldn?t put you in harm?s way.? Based on my training and experience, the context ofthis call and prior intercepted communications, I believe NURU is attempting to limit knowledge of his vacation home scheme to speci?c trusted City employees or associates. 196. Regarding the discounted rate, on December 8, 2018, at approximately 5:18 PM, DPW EMPLOYEE 6 called NURU. During the call, they discussed the cost of the concrete work and had the following interaction: NURU: So um, ok, well, just let me know. let?s look at it, you know, and work the numbers man, you know. I?m a little broke. I?m just trying to get this done man. Employee: I hear ya. I?mjust charging you per guy, that?s all I?m doing. NURU: I know, but you gave me a little estimate for. you know, before, remember? So Employee: That estimate was $6,700. to set it up. NURU: No no no. It was $4,400. I wrote it down in the book Employee: No it was sixty-seven. have it in my book, but I told you NURU: Employee: I'm gonna do it for less, but [just don?t know how much less. Based on the context ol?this call and my training and experience, I believe NURU is getting charged a discounted price for DPW EMPLOYEE 6?s concrete work because position as the Director Such evidence l?urther underscore?s intent to improperly use his of?cial position for personal gain. 1.97. The investigation has also analyzed known ?nancial accounts for NURU. Although the investigation identi?ed more than $200,000 that NURU has spent on home improvement (between approximately January 2017 and May 2019). to date no payments to CONTRACTOR 1, CONTRACTOR 2. CONTRACTOR 3, or DPW EMPLOYEE 6 have been identi?ed. Based on my AFFIDAVIT 73 FILED Case Document 1 Filed Gilli/:0 Page 78 of 79 A training and experience, and based on intercepted communications, I believe these contractors are providing labor and equipment for construction on vacation home for free or at a subsidized rate so they can continue to obtain city contracts, as well as receive support in resolving any issues that may arise with existing and future contracts with the City or, in the case of the DPW EMPLOYEE 6, any issues that may arise with his future employment. 198. On February 19, 2019, at approximately 9:55 PM, NURU called GIRLFRIEND 1. During this call, NURU explained how the six workers building his new barn did all of their own cooking. Additionally NURU and GIRLFRIEND 1 had the following exchange where they discussed limiting the number of people who know about vacation home: NURU: (call minimized). . .back on my projects again and I just need to be care?Jl, I don?t, I need to watch myself carefully. GF 1: Yep, don?t tell a lot of people. That?s what you really need to be care?il of because that?s what?s gonna get you in the end. NURU: What do you mean ?That?s what?s gonna get me in the end?? Everything is legit. What are you talking about? GF 1: Well all these people are gonna start saying stuff and Speculating and this and that. You don?t need that headache. NURU: No, I don?t, I don?t need that headache. GF 1: So you don?t rim your mouth. That?s what I?m saying. NURU: That?s true, that?s true. I?ll stay away from these people. GF 1: 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 the hell do these people know?? NURU: Yeah, they?ll never ?nd it, even people that have the address cannot ?nd it. (laughs) GF 1: I know, right? NURU: The lumber truck guy who was delivering lumber twice today could not ?nd it. He was an hour late because I had to go look for him. 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 ?nding his vacation home if all of the work was legitimate and paid for by legal income. AFFIDAVIT FILED 74 Case Document 1 Filed 01/15/20 Page 79 of 79 IV. CONCLUSION 200. Based on the foregoing facts and my training and experience, I respectfully submit there is probable cause to believe that NURU and BOVIS committed honest services wire fraud, in violation of Title 18, United States Code, Sections 1343 and 1346, as part of their scheme to use a bribe and/or kickback to secure a restaurant lease at San Francisco International Airport. V. REQUEST FOR SEALING 201. Because this investigation is continuing, disclosure ofthe Complaint, this af?davit, and/or the arrest warrant will jeopardize the progress of the investigation. Disclosure would give the targets of the investigation an opportunity to destroy evidence, change patterns of behavior, notify confederates, or flee from prosecution. Accordingly, I request that the Court issue an order sealing the Complaint, this af?davit, and the arrest warrant until further order of the Court. MESAFOLGER Special Agent, Federal Bureau of Investigation Sworn to and subscribed before me this _I_5:_day of January, 2020. M. HON. SALLIE KIM United States Magistrate Judge AFFIDAVIT 75 FIL