James Mercurio

Introduction

James Mercurio is a former San Francisco 49ers executive who spent nearly 30 years with the club and ran Levi’s Stadium as its general manager — and who now stands indicted alongside his childhood friend in an alleged $1.4 million kickback scheme built on San Mateo County taxpayer money. A grand jury charged the 55-year-old Vacaville resident with misuse of public funds, embezzlement and 20 counts of commercial bribery after roughly two weeks of evidence; he and co-defendant Michael Joseph McLennan both pleaded not guilty on October 8, 2026. District Attorney Stephen Wagstaffe, whose office called the alleged scheme “extraordinarily serious” white-collar crime, told Bay Area reporters that “for our county, this is shocking corruption. We don’t encounter this.”

Background Information

Mercurio rose from stadium operations work into the 49ers’ executive suite over nearly three decades, ultimately serving as executive vice president and the general manager who ran Levi’s Stadium — a tenure that had already drawn a state investigation into conflicts of interest in his handling of contracts. The team laid him off in 2023. In 2024 the nonprofit San Mateo County Event Center, the county fairgrounds facility that hosts the San Mateo County Fair, hired him as a construction project manager; he worked there from October 2024 to March 2026 at what prosecutors describe as a “sizable” salary in the high six figures, overseeing three construction projects each backed by $1 million in county tax dollars. His attorney describes him as a father and grandfather from Redwood City who has been active in San Mateo County affairs his whole life.

The Controversy or Incident That Led to Their Cancellation

Indicted with his childhood friend on charges of misusing public funds, embezzlement and 20 counts of commercial bribery in an alleged $1.4 million kickback scheme; both men pleaded not guilty and were held on $750,000 bail. The charges are allegations by a San Mateo County grand jury and remain unadjudicated — Mercurio’s attorney says his client has “never had so much as a parking ticket” in his life.

Prosecutors allege the scheme ran through the Event Center’s county-funded construction program: Mercurio, hired to oversee three projects — including the Bay Stay RV program, new bathrooms at Cyprus Hall and a resiliency center — was supposed to put the work out to competitive bid, but instead allegedly steered contracts to McLennan, a small contractor and his childhood friend, who then kicked back portions of the payments. Each of the 20 bribery counts corresponds to a specific instance of money passing between the two men, the DA said; alleged kickbacks to Mercurio totaled about $1.4 million. “He was supposed to put it out for bid,” Wagstaffe said. “Mclennan was just a small contractor who suddenly got into some big time contracts… major kickbacks of money that Mercurio was not entitled to.”

The scheme surfaced when a construction company on the projects reported that it was not being paid. When a subcontractor asked to inspect the performance bond, county attorneys examined the document and found it was fake, according to authorities — the basis of a felony forgery charge against McLennan. A grand jury that spent two weeks reviewing the evidence was described by Wagstaffe as “incensed” and returned an indictment; both men were arrested. At their October 8 arraignment before San Mateo County Criminal Presiding Judge Jeffrey B. Jackson, each pleaded not guilty to two counts of misuse of public funds, one count of embezzlement and 20 counts of commercial bribery, with prosecutors adding aggravated white-collar crime allegations — a pattern of related felonies and the taking of more than $500,000 — that could extend any sentence. Wagstaffe said each man could face more than 20 years in prison if convicted.

Public Reaction and Consequences

The case jolted county government. County Executive Mike Callagy said the county is opening its own financial investigation into how the projects and hiring were handled and is taking over the Event Center’s capital projects for the foreseeable future: “Whenever somebody takes public funds, it’s a very, very serious situation.” An Event Center spokesperson said the board and staff were “shocked and disappointed” by the charges and are cooperating with prosecutors, and as of the weekend the county had not said whether any of the money had been recovered. The charges also landed awkwardly for the 49ers organization: they came two months after team owner Jed York was arrested in an Ohio prostitution sting, pleaded no contest to reduced misdemeanor charges and was suspended and fined by the NFL. Wagstaffe, a veteran prosecutor, framed the case as a warning that taxpayer money demands oversight: “There’s got to be a check and balance. You have to have people who are double-checking people’s words.”

Current Status

Both defendants pleaded not guilty and the charges remain unadjudicated; they are presumed innocent unless convicted. At an October 12 hearing, the judge denied defense requests to lower the $750,000 bail, and CBS San Francisco reported both men remained in custody at the San Mateo County Jail; the New York Post later reported that court records showed Mercurio had posted a $750,000 bond, while McLennan’s attorney said he was still working to get his client released. A hearing to set pretrial conference and jury trial dates is scheduled for November 16, 2026. The county’s own financial investigation is ongoing, and no audit findings or recovered funds had been announced. Mercurio’s attorney, Brian Getz, told Bay City News he has “every confidence in James Mercurio as a person and as a litigant.”

Impact on Their Career/Life

A three-decade career that carried Mercurio into the executive suite of one of the NFL’s flagship franchises is now defined by a felony indictment — his second run-in with contract-related scrutiny, after the earlier conflicts-of-interest investigation at Levi’s Stadium. If convicted on charges carrying a potential sentence of more than 20 years, the 55-year-old would face the rest of his life in prison; even before trial, the $750,000 bond and the county’s decision to seize control of Event Center projects have already cost him his freedom and his professional standing. The case has become San Mateo County’s reference point for white-collar corruption, cited by its own DA alongside the 2026 embezzlement sentence of a county Woman of the Year.

Sources

NY Post, “Ex-San Francisco 49ers exec charged in alleged $1.4M taxpayer kickback scheme,” Oct 13, 2026 — source
CBS San Francisco, “Pair accused of embezzling $1.4M in alleged San Mateo Event Center kickback scheme,” Oct 13, 2026 — source
The Press Democrat, “Former manager of Levi’s Stadium accused of embezzling $1.4 million of San Mateo County taxpayer funds,” Oct 12, 2026 — source
Bay Area Brief, “Former 49ers Exec Charged in Alleged $1.4 Million Kickback Scheme at the San Mateo County Event Center,” Oct 11, 2026 — source
@nypost trigger tweet, Oct 13, 2026 — source