DEFENDANT NO. 01 — PRIMARY ACTOR — CRIMINAL REFERRAL — POSTED APR 8, 2026
Phat L.K. Tran D.M.D.
Property Owner · 20012 Sand Dune Lane, Huntington Beach, CA · RICO Enterprise Director
Phat L.K. Tran D.M.D. is the primary defendant and directing actor of a documented criminal enterprise. Over a three-year tenancy, Tran orchestrated a systematic financial extraction scheme: off-contract extortion demands routed through a personal account, concealment of a cashier's check received at BHHS during the three-day cure window, fabricated pre-tenancy damage billing, false testimony under oath, and a retaliatory eviction designed to convert the property to short-term rental at a 54% rent increase. Tran was financially distressed — holding multiple variable-rate loans, collecting rent on the 20th of the month under a non-standard schedule, and stated in writing that he evicted because he "never raised the rent." The default upon which his unlawful detainer was filed never legally existed. After all agency notifications were on record, he transferred the property to Smart Invest HB LLC on October 22, 2025 — a post-filing transfer that constitutes a fraudulent conveyance under California law.
Criminal Charge Summary
| # | Statute | Charge / Conduct | Key Evidence | Max |
|---|---|---|---|---|
| 01 | 18 USC 1962 RICO | Racketeering Enterprise — Director Directed enterprise with Hanson Le, Anna Ly, Silverstein, and BHHS using mail, wire, and property fraud predicates over three years. Tran text to Le: "Both Hanson and myself are in a lot of trouble" — spontaneous admission of joint enterprise liability. DocuSign 46CC8725 routes payments to Le personal account #3312942937. Authentisign log Apr 28 via BHHS corporate email destroys ignorance defense. | DocuSign 46CC8725 WF Acct #3312942937 "Both in trouble" text | 20 yrs + Forfeiture |
| 02 | PC §518 Extortion | Off-Contract Demand Under Housing Threat "I don't want you to pay it I want you to default on it secretly keep paying me the new amount." Eight-hour deadline with explicit eviction threat. Private account routing outside lease terms. Electronic transmission triggers 18 USC 1343 as a predicate. | Text ADM-003 (rated 10/10) DA Evidence DA27, DA33 Wire compliance record | 4 yrs CA |
| 03 | 18 USC 1341 Mail Fraud | False 3-Day Notice via U.S. Mail Served false 3-Day Notice on June 21, 2024 — 22 days after the cashier's check was received at BHHS and signed for. Notice directed payment to a different account and payee than the executed lease. CCP §1162 defects confirmed. The predicate default never legally existed. | 3-Day Notice 6/21/2024 USPS #9534914882764149935944 Lease vs. notice acct discrepancy | 20 yrs |
| 04 | 18 USC 1343 Wire Fraud | Electronic Payment Concealment April 19 wire Conf. OW00004382456864 concealed from court. Electronic extortion demand transmitted via phone. Directed tenant to route money secretly through wire while appearing in default — textbook wire fraud predicate. | Wire OW00004382456864 Extortion text via phone Bank records | 20 yrs |
| 05 | PC §118 Perjury | False Testimony — Security Deposit Return Testified deposit was returned by mail. Bank record: deposit cashed on the 28th; alleged return mailed ~the 2nd — 4–5 day gap proving it could not have been received. Tenant never received or cashed it. Both Tran and Silverstein had already signed an acknowledgment that no prior repayment had occurred. Perjury is documented by his own prior signature. | Bank deposit record Signed acknowledgment Sealed uncashed check | 4 yrs CA |
| 06 | WIC §15657 Elder Abuse | Financial Elder Abuse — Disabled Senior Citizen Tenant is a disabled senior citizen. Systematic financial scheme targeting housing security of a protected class. WIC §15657 applies to fraud, undue influence, and concealment. Statutory fee-shifting, treble damages, and enhanced penalties available to plaintiff. | ADA documentation Medical records Pattern of financial demands | Enhanced + Fees |
| 07 | BPC §1670 Moral Turpitude | Dental Board — License Revocation Grounds Conviction on fraud, extortion, or perjury constitutes moral turpitude under BPC §1670. Formal complaint filed with California Dental Board. A licensed dentist convicted of felony fraud is subject to mandatory license revocation proceedings independent of this civil case. | Dental Board complaint filed BPC §1670 grounds Gasio filing 2025 | License Revocation |
| 08 | CC §3439 UFTA | Fraudulent Conveyance — Smart Invest HB LLC 20012 Sand Dune Ln transferred to Smart Invest HB LLC on Oct 22, 2025 — after HBPD, DRE, OC DA, and FBI all had active filings on record. LLC address = property address. No operational separation. Transfer made with actual intent to hinder, delay, or defraud creditors. Remedy: avoidance of transfer, attachment of asset. | OC Recorder 10/22/2025 Smart Invest HB LLC filings Pre-existing agency notices | Avoidance + Attachment |
| 09 | CC §1942.5 Retaliation | Retaliatory Eviction — Illegal Airbnb Conversion Post-eviction Airbnb conversion at 55–57.8% above protected rent. Tran stated in writing eviction was because "he never raised the rent." Airbnb was already operating during active tenancy — Vui removed Michael's bunk bed frame in June 2024 while lease was still active. Short-term rental illegal in Huntington Beach since 2022. | Airbnb listing "Vui" 7yr host Christmas photos during tenancy Tran written statement re: rent | $2,000 min + Fees |
Smoking Gun Evidence
Exhibit ADM-003 — Rated 10/10
The Extortion Text
"I don't want you to pay it I want you to default on it secretly keep paying me the new amount." Direct written instruction to appear in default while routing funds to a private account — under explicit housing threat with an 8-hour deadline. This document is the case.
PC §51818 USC 1343USPS #9534914882764149935944
The Check That Was Received and Concealed
Cashier's check for $5,350 delivered to BHHS on May 30, 2024 during the active cure window. Signed "H.H." Tran texted Hanson that same window confirming knowledge. Never returned, credited, or disclosed to court. The UD default never legally existed.
18 USC 1341PC §503Both Parties Signed the Acknowledgment
The Document Tran Later Contradicted Under Oath
Tran and Silverstein both signed a written acknowledgment that no prior repayment of the security deposit had occurred. Silverstein's final trial question was "Did you cash the check?" Answer: No. Tran subsequently testified the deposit had been returned by mail. His own signature proves the perjury.
PC §118PC §182Dishwasher Invoice — Pre-Tenancy Date
Billing for Damage That Predates Occupancy
Tran presented a dishwasher repair bill dated the month before Michael moved in. Tenant paid $350 cooperatively. This single document establishes a pattern of fabricating and billing for pre-tenancy damage — a pattern that continues through the security deposit dispute and court testimony.
PC §48718 USC 1341Criminal Event Timeline
May 2022
Tenancy Begins — Habitability Defects Day One
Michael and Yulia Gasio take occupancy. Electrical issues and dishwasher defects present and reported. LY Construction called in to paint over mold — not repair it. Dishwasher bill later submitted by Tran is dated prior to move-in.
CC §1941 Habitability | PC §487 Grand Theft (predicate)
Year 3
Hanson Le Introduced — Payment Diversion Begins
After Year 3 lease renewal was concluded, Tran introduces Le and redirects rent to Le's personal Wells Fargo account #3312942937 — outside any required trust account. Off-contract demands begin with 8-hour deadlines and housing threats.
18 USC 1343 Wire Fraud | PC §518 Extortion
May 30, 2024
★ Cashier's Check Delivered to BHHS — Tran Texts Hanson During Cure Window
USPS Certified Mail #9534914882764149935944 delivered to BHHS Edinger Ave. Signed "H.H." Tran texts Le during cure window confirming knowledge. Check never returned, credited, or disclosed. The default upon which the UD was filed never legally existed.
18 USC 1341 Mail Fraud | PC §503 Embezzlement
Jun 21, 2024
False 3-Day Notice Served — CCP §1162 Defects Confirmed
Notice demands payment to Tran's Wells Fargo Acct #1005959166 — different account than executed lease. Lists 1 occupant; lease lists 3. Served knowing check was received at BHHS 22 days prior.
18 USC 1341 Mail Fraud | CCP §1162
Jun 2024
Airbnb Running During Active Tenancy — Vui Enters Unit
Vui (7-year Airbnb host) removes tenant's furniture while lease is active. Airbnb listing at 55–57.8% above protected rent already live. STR illegal in HB since 2022. Christmas photos document concurrent Airbnb occupancy.
CC §1942.5 Retaliation | PC §459
Jul 2024
Court Orders Duplicate Payment — Obtained via Perjury
"Sorry I did not know you paid" — signed by both Tran and Silverstein, admitting no prior repayment. Court orders second $5,350 based on false testimony. Tenant pays under written protest. Silverstein's last question at trial: "Did you cash the check?" Answer: No.
PC §118 Perjury | 18 USC 1343
Oct 22, 2025
Property Transferred to Smart Invest HB LLC — Post All Agency Filings
20012 Sand Dune Ln transferred after HBPD, DRE, OC DA, and FBI all have active records. LLC address = property address. No operational separation. UFTA fraudulent conveyance. Remedy: avoidance and asset attachment.
CC §3439 UFTA | Asset Attachment Available