Former 49ers Executive and Friend Accused in $1.4 Million Kickback Scheme
A former San Francisco 49ers executive and his childhood friend are accused of embezzling roughly $1.4 million in public money through an alleged construction kickback scheme in California’s San Mateo County.
James Cunningham Mercurio, 55, and Michael Joseph McLennan, 66, were indicted by a grand jury in connection with construction projects at the San Mateo County Event Center.
Prosecutors allege that Mercurio used his position overseeing the projects to direct contracts to McLennan, who then returned some of the money to him as kickbacks. Both men pleaded not guilty at their Oct. 8 arraignment, according to Bay City News Service.
Construction Contracts Are at the Center of the Reported Scheme
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Mercurio spent nearly 30 years working for the San Francisco 49ers, eventually serving as executive vice president and general manager of Levi’s Stadium. He left the organization in 2023, according to Bay City News.
In 2024, Mercurio was hired to oversee construction projects at the publicly owned event center, including work funded with county money.
Prosecutors allege that Mercurio steered contracts to McLennan, a childhood friend, who then returned portions of the payments to him as kickbacks.
The alleged scheme came under scrutiny after one of the construction companies involved in the projects complained about not being paid, according to Bay City News Service.
The Defendants Plead Not Guilty
Mercurio’s attorney, Brian Getz, defended his client in an interview with Bay City News Service. “James Mercurio has a solid record of community service and was a successful executive with the San Francisco 49ers for 30 years,” said Getz, adding, “I have every confidence in James Mercurio as a person and as a litigant.”
Bay City News also sought comment from McLennan’s defense attorney but did not receive a response.
At an Oct. 12 hearing, attorneys sought to reduce the defendants’ $750,000 bail amounts. The judge denied those requests, according to CBS News.
The San Mateo County District Attorney’s Office has been contacted for the indictment, formal charging documents, and clarification of the charges. A response is pending.
