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

The $5,000 that one of DeNova Homes’ founders allegedly stuffed inside a blood-orange coffee mug and handed to an Antioch City Council member was not a bribe, but a “legitimate” campaign contribution, the developer’s attorneys have argued in new court filings.

That is the claim advanced by David Sanson and his son, Trent Sanson, as the longtime Concord-based homebuilding duo prepare to ask a federal judge Thursday to dismiss their bribery and conspiracy charges. The filings mark their first formal response since they were indicted by a federal grand jury in April 2025, nearly a year after authorities allege David Sanson attempted to buy the council member’s help on a stalled housing project.

Together, the two developers say they were targeted by an “overzealous” federal investigation that sought to “improperly manufacture” criminal charges, in violation of their First Amendment rights.

“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,” David Sanson’s attorneys wrote in their filing.

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. The council member was not named in court documents, though this news organization has previously reported that all indications suggest it is former Pittsburg police Lt. Mike Barbanica.

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.

In their response, government prosecutors criticized the Sansons’ arguments as off-target and based on a misreading of the law. The indictment, they wrote, “meets even the incorrect standard defendants urge the court to adopt.”

The alleged scheme unfolded as DeNova Homes’ leaders expressed frustration in late 2023 and early 2024 over delays tied to the company’s Aviano subdivision. Emails obtained by this news organization show executives growing increasingly impatient as Antioch officials declined to release a critical $11.879 million bond, citing city engineers’ concerns that DeNova had not completed all of the project’s required public infrastructure improvements.

Such bonds often carry annual premiums that can cost developers thousands of dollars while projects are delayed. Disputes over their release can also affect a builder’s ability to secure financing for other developments.

According to prosecutors, Trent Sanson reached out to the council member in June 2024, offering $10,000 to place the project on a City Council agenda and vote in favor of it. The agreement allegedly called for $5,000 in cash to the council member and a $5,000 donation to an independent expenditure committee aligned with him.

At the time, Trent Sanson allegedly said the council member was “not going to see anything directly, but Dave will be doing something for you,” according to the indictment.

Later, prosecutors allege, David Sanson met with the council member and handed them a DeNova-branded mug filled with $5,000 in cash.

“That’s all still on track for round two. We did it during the primary, and now for the general — we’re back committed to supporting you and all that,” David Sanson allegedly told the council member, according to the court documents. “So, I just want you to know that’s happening — that it’s not just a false commitment or anything like that; and then Trent told me you needed a little extra shot.”

Unbeknownst to the Sansons, the council member had already contacted the FBI and was recording the meeting.

As it turned out, the alleged payment may not have been necessary. Emails obtained by this news organization show that DeNova’s lead attorney filed a formal “notice of breach” weeks later, asserting that Antioch had failed to uphold its end of the development agreement. The notice prompted urgency inside City Hall, with officials moving quickly to resolve the dispute and place the matter before the council, which soon cleared the way for the release of the bond.

In seeking dismissal, the Sansons argue that prosecutors failed to allege any explicit quid pro quo arrangement between David Sanson and the council member. The former CEO “never intended to — and did not — make such a bargain,” the filing states.

Trent Sanson, the motion argues, merely advocated for his company in a manner “no different than what is routinely expected from businesses and constituents across the country.”

David Sanson also contends that the council member, with the cooperation of federal authorities, attempted to transform lawful political support into a criminal offense.

Prosecutors counter that no explicit agreement is required under federal law and that, even if it were, the indictment clearly alleges payments made “in exchange for” official acts.

“Even if defendants were correct that bribery charges against a bribe payor required alleging a quid pro quo in an indictment … the government plainly alleges the offer and payment of a bribe ‘in exchange for’ official acts,” prosecutors wrote.

No trial date has been set. The case is scheduled to be heard again Thursday in federal court in Oakland. If the judge denies the motion, the case would move forward toward trial.

Jakob Rodgers is a senior breaking news reporter. Call, text or send him an encrypted message via Signal at 510-390-2351, or email him at jrodgers@bayareanewsgroup.com.