Indicted Concord homebuilders say $5,000 stuffed in coffee mug wasn't bribe

"The Government not only fails to allege a crime in the Indictment - it attempts to criminalize conduct fundamental to our American system of representative democracy. The developers argue they were targeted by an overzealous federal investigation that sought to improperly manufacture criminal charges in violation of their First Amendment rights."

"The indictment alleges the Sansons sought to bribe an Antioch City Council member to place the project on a City Council agenda and secure a favorable vote on a 533-home subdivision. At the heart of the legal dispute is whether federal prosecutors must allege an explicit quid pro quo—a direct exchange of money for official action—to sustain the bribery charge."

David and Trent Sanson, founders of DeNova Homes, are charged with bribery and conspiracy for allegedly attempting to influence an Antioch City Council member regarding a stalled 533-home subdivision project. The developers claim the $5,000 placed in a coffee mug was a legitimate campaign contribution, not a bribe. Their attorneys argue the federal investigation was overzealous and violated their First Amendment rights by attempting to criminalize conduct fundamental to representative democracy. The central legal dispute concerns whether prosecutors must prove an explicit quid pro quo—a direct exchange of money for official action—to sustain the bribery charge. Government prosecutors counter that the indictment meets legal standards regardless of the defendants' interpretation.

Read at The Mercury News