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Former 49ers executive James Mercurio is charged in an alleged $1.4 million San Mateo County kickback scheme.

The New York Post reported Tuesday, Oct. 13, 2026, that James Cunningham Mercurio, 55, and Michael Joseph McLennan, 66, were indicted in an alleged kickback scheme at the San Mateo County Event Center. Each faces bribery, embezzlement, and misappropriation counts. CBS San Francisco spells McLennan as McClennan. They pleaded not guilty Oct. 8. A scheduling hearing is set for Nov. 16.

By Crime Talk Network Staff Writer ·

James Mercurio
Photo: ALSD via New York Post

These are indictment counts. Commercial bribery, embezzlement, misappropriation, and a forgery count are accusations a jury has not heard. Twenty bribery counts each and CBS San Francisco's figure of 40 are the same lists counted two ways. A $750,000 bond, if Mercurio posted it, is a release condition. It is not a finding that the kickbacks happened. Nov. 16 is a scheduling date.

The New York Post reported Tuesday, Oct. 13, 2026, that former San Francisco 49ers executive James Cunningham Mercurio, 55, of Vacaville, and Michael Joseph McLennan, 66, of Los Altos, were indicted last week in an alleged kickback scheme at the San Mateo County Event Center. CBS San Francisco spells the second man Michael Joseph McClennan. The San Francisco Chronicle spells him Michael McLennan. The Post and the Chronicle are the McLennan spelling used here. CBS San Francisco, citing District Attorney Steve Wagstaffe's office, reported both men were arrested after a grand jury indictment. An indictment is the accusation.

The Post reported the Event Center hired Mercurio in 2024 to oversee three construction projects, each backed by $1 million in county tax dollars, and that prosecutors say he steered contracts to McLennan, a childhood friend, who returned portions of the payments. The Post reported the alleged kickbacks totaled about $1.4 million. CBS San Francisco reported the county learned of the alleged scheme after a construction company said it was not being paid. The Post reported the inquiry started when McLennan fell behind paying subcontractors and a performance bond a subcontractor asked to inspect was fake, according to authorities. Wagstaffe told the Post, "We're only talking about a year and a half and $1.4 million, but for San Mateo County that's big." A district attorney's description is the state's theory.

The Post, citing the indictment, reported each man is charged with two counts of misappropriating public money, one count of embezzlement, and 20 counts of commercial bribery, and that prosecutors added aggravated white-collar crime allegations tied to a pattern of related felonies and a taking of more than $500,000. The Chronicle, citing court records, reported those same bribery, misappropriation, and embezzlement counts and four aggravated white-collar crime enhancements each. CBS San Francisco described the bribery counts as 40 in total, which matches 20 apiece. The Post reported McLennan also faces a felony forgery count over the allegedly fabricated bond. Bay City News reported both men pleaded not guilty at an Oct. 8 arraignment. The Post reported the same not-guilty pleas. A plea of not guilty is not an acquittal.

CBS San Francisco reported that at a Monday hearing lawyers asked for lower bail, the judge kept it at $750,000, and both men remained in the San Mateo County Jail, with a hearing to set a pretrial conference and a jury-trial date on Nov. 16. The Post, citing court records, reported Mercurio had posted a $750,000 bond. McLennan's attorney, Michael Guingona, told the Post on Tuesday he had not received discovery and was still trying to get his client out of custody. Monday's jail status and Tuesday's bond report are both in the day's stories. Mercurio's attorney, Brian Getz, told Bay City News, "I have every confidence in James Mercurio as a person and as a litigant." The Post reported Mercurio spent nearly 30 years with the 49ers and rose to executive vice president and general manager before a 2023 layoff. The Chronicle reported he was among nearly 30 employees laid off that year and started at the Event Center in 2024. All defendants are presumed innocent until proven guilty in a court of law.

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