Summary
Preliminary Statement
Between 2022 and 2025, a coordinated scheme of real estate fraud, financial elder abuse, mail fraud, wire fraud, perjury, and obstruction was perpetrated against a 72-year-old disabled tenant and his household. The scheme involved the concealment of at least three documented rent payments totaling $15,350, an extortionate off-contract payment demand, a jurisdictionally void 3-Day Notice, fabricated post-eviction invoices, and the retaliatory conversion of the property to a short-term rental at 57.8% above the prior rent. Defendants' own written admissions satisfy the evidentiary threshold for each count without requiring inference.
8
Proposed Counts
7
Named Defendants
$21,050+
Proven Extraction
1,400+
Indexed Exhibits
8
Agency Filings
Named Defendants
| Defendant | Role | Counts | Dispositive Admission / Key Fact |
|---|---|---|---|
Phat L.K. Tran AKA Dr. Phat Luu Ky Tran |
Property Owner / Principal Conspirator | 13456 | "Hanson has the check" — text Aug 11, 2024 · "Both Hanson and myself are in a lot of trouble" · "Put money in my account or I'll kick you out" — night of 3-Day Notice · Admitted eviction was because "he never raised the rent" |
Hanson Le DRE License #01358448 |
Property Manager / BHHS Agent | 124 | Signed for USPS cashier's check "H.H." May 30, 2024 · DocuSign #46CC8725 routed payments to personal WF account #3312942937 · Invoked Fifth Amendment with HBPD re: rent handling · Subsequently departed BHHS |
Anna Ly Tran's daughter · AP Silk Arts Inc. · LY Construction |
Listing Agent / Fabricated Invoice | 236 | Transmitted forged DocuSign renewal with unauthorized BHHS seal · LY Construction invoice: $7,837 for $0.88/sqft used carpet billed as new · City inspector clearance issued 18 days before invoice date · DRE complaint active |
Steven D. Silverstein Eviction Attorney of Record |
Defense Counsel — Unlawful Detainer | 56 | "Write me a check or I'll put an eviction on you" — courthouse hallway, stated twice · Final trial question: "Did you cash the check?" — designed to exploit sealed uncashed deposit · Signed written acknowledgment no prior repayment occurred |
Richard Rosiak Prior Defense Counsel |
Constructive Abandonment | 7 | Withdrawal letter to mailbox Friday Jan 10, 2025 — trial Monday Jan 13, 2025 · Falsely claimed re-entry "not legally permitted" — confirmed false under CA procedure · Refused case file 7 weeks · State Bar formal disciplinary proceeding open |
Dennis Rosas / Angie Sandoval BHHS 5848 Edinger Ave HB |
Branch Managers — Supervisory Liability | 2 | Corporate awareness established via certified notice · Authentisign April 28, 2024 5:36 PM via BHHS corporate email destroys ignorance defense · DRE Accusation H-40694 LA conflict-of-interest flag on DRE Investigator Tom Nguyen |
Lt. Randell / Sgt. Tunstall #1178 HBPD Internal Affairs |
Mandatory Reporting Failure | 8 | 162-page evidence package received July 3, 2025 — no case number, no interview, no evidence log · IA File AI 26-0003 disposed "UNFOUNDED" Feb 18, 2026 without victim contact · W&I Code §15630 mandatory reporting obligation triggered and not fulfilled |
Payment Fraud Map — Documented Extraction
| Month | Event | Amount | Tran's Court Claim | Documentary Proof | Charge |
|---|---|---|---|---|---|
| 25 Apr 19 |
Wells Fargo wire transfer | $5,000 | "Never received" | Wire Conf. #OW00004382456864 | 18 USC §1344 |
| 26 May 30 |
USPS cashier's check to BHHS Memo: "Payment 26 of 37" |
$5,350 | "Never received" | USPS #9534914882764149935944 Signed "H.H." at BHHS |
18 USC §1341 |
| 26 Extortion |
"Put money in my account or I'll kick you out" Off-contract demand — private account |
$5,350 | Not disclosed to court | Tran phone call admission Double-payment acknowledgment signed by Silverstein + Tran |
PC §518 |
| 27 July |
Court-ordered duplicate payment on false testimony | $5,350 | Obtained via perjury | "Sorry I did not know you paid to the Hanson account" — Tran text | 18 USC §1343 |
| TOTAL PROVEN FRAUDULENT EXTRACTION | $21,050+ | Plus: security deposit (sealed check — forensic print pending) · LY Construction invoice fraud $7,837 · Airbnb conversion at 57.8% premium · Dishwasher pre-tenancy billing | |||
Proposed Counts — True Bill Request
COUNT 1
MAIL FRAUD — Cashier's Check Concealment
18 U.S.C. §1341 · PC §§470, 484
USPS Tracking #9534914882764149935944 confirms delivery of cashier's check to BHHS at 5848 Edinger Ave, Huntington Beach on May 30, 2024, signed "H.H." — Hanson Le, the only person at that address with those initials on record. The check was made payable to Berkshire Hathaway HomeServices — not to Le personally — meaning it could not be deposited without creating an institutional paper trail. Its disappearance is consistent with suppression. Tran's own text confirms knowledge: "Hanson has the check." Gasio was forced to pay a second time under written protest. Cashier's check memo reads "Payment 26 of 37" — self-identifying the exact payment Tran denied receiving under oath.
Evidence Anchors
USPS #9534914882764149935944 · Signed "H.H." May 30
Tran text: "Hanson has the check" (Aug 11, 2024)
Check memo: "Payment 26 of 37"
Double-payment acknowledgment — signed Silverstein + Tran
COUNT 2
WIRE FRAUD — DocuSign Personal Account Routing
18 U.S.C. §1343 · BPC §10138 · PC §506
DocuSign envelope #46CC8725, transmitted April 28, 2024 at 5:36 PM via BHHS corporate email infrastructure, directed tenant rent payments to Hanson Le's personal Wells Fargo account #3312942937. This is not a real estate trust account. California BPC §10138 requires all client funds be held in a segregated trust account. Routing to a personal account constitutes wire fraud and embezzlement of trust funds. The Authentisign timestamp via BHHS corporate email destroys any ignorance defense by branch management. Tran's own text: "Both Hanson and myself are in a lot of trouble" — spontaneous admission of joint criminal culpability.
Evidence Anchors
DocuSign #46CC8725 · Le personal WF acct #3312942937
Authentisign April 28, 2024 5:36 PM via BHHS email
"Both Hanson and myself are in a lot of trouble" — Tran (Exhibit 1042)
BPC §10138 — no trust account maintained
COUNT 3
ELDER FINANCIAL ABUSE — Coordinated Scheme
PC §368 · W&I Code §15610 · 18 U.S.C. §3147 · Civ. Code §3345
Michael Gasio is 72 years old, 100% medically disabled, and was wearing a cardiac monitor during active phases of this dispute. The property owner was informed in writing of the medical condition (Exhibit 1063). The deliberate continuation of a fraudulent eviction scheme against a known medically vulnerable elder — including the three-days-before-trial attorney withdrawal and the courthouse hallway extortion demand — satisfies the elder abuse enhancement under PC §368 and the federal sentencing enhancement under 18 U.S.C. §3147. Civil Code §3345 mandates treble damages. Documented financial losses exceed $87,000. Psychological treatment: 20 weeks.
Evidence Anchors
Exhibit 1063 — medical disclosure to owner
10-day Holter monitor · beta-blocker treatment
20-week psychological treatment records
Treble damages: $63,150+ floor
COUNT 4
EXTORTION — Two Separate Acts, Two Defendants
PC §518 · 18 U.S.C. §1951 (Hobbs Act)
Act 1 — Tran: On the night the 3-Day Notice was served, Tran telephoned Gasio and stated: "Put money in my account or I'll kick you out." This demand was made while both the April 19 wire and the May 30 cashier's check were already in defendants' possession — satisfying the coercive-threat element with knowledge of wrongfulness.
Act 2 — Silverstein: In the courthouse hallway, Silverstein stated: "Write me a check or I'll put an eviction on you" — said twice. An attorney using judicial process as a threat instrument to extract payment constitutes extortion under PC §518 and the Hobbs Act independently of Count 4-Act 1.
Act 2 — Silverstein: In the courthouse hallway, Silverstein stated: "Write me a check or I'll put an eviction on you" — said twice. An attorney using judicial process as a threat instrument to extract payment constitutes extortion under PC §518 and the Hobbs Act independently of Count 4-Act 1.
Evidence Anchors
Tran phone call — night of 3-Day Notice
Silverstein courthouse statement — said twice
Both payments already in hand at time of demand
Two defendants · two independent acts
COUNT 5
PERJURY — False Testimony in Superior Court
PC §118 · 18 U.S.C. §1621
Tran testified under oath that no payments had been made and no Year-3 contract existed. Both claims are directly and independently contradicted by: (1) Wells Fargo Wire Conf. #OW00004382456864; (2) USPS delivery proof signed "H.H."; (3) Tran's own text: "Sorry I did not know you paid to the Hanson account"; (4) cashier's check memo "Payment 26 of 37"; and (5) DocuSign renewal logs. Tran also confirmed under oath the authorship of a document later shown to be forged: "Did you write this?" — "Yes." Payment substitution fraud: Tran recharacterized the May 30 month-26 payment as a late month-25 payment to manufacture the 3-Day Notice's factual basis.
Evidence Anchors
"Did you write this?" — "Yes" — court record
"Sorry I did not know you paid to the Hanson account"
Check memo "Payment 26 of 37" — self-refuting
Payment substitution fraud — manufactured 3-Day Notice basis
COUNT 6
EVIDENCE FABRICATION — LY Construction Invoice
PC §§132, 134 · 18 U.S.C. §1341
LY Construction submitted an invoice to OC Superior Court for $7,837 covering carpet and baseboard replacement allegedly caused by tenant. A city inspector's clearance report — issued 18 days before the invoice date — confirms clean carpets and no pet damage. LY Construction is a business entity linked to Anna Ly, Tran's daughter, who is also the listing agent and co-registrant of AP Silk Arts Inc. with Tran. This is consistent with a prior pattern: Tran billed Gasio $350+ for a dishwasher repair dated the month before Gasio moved in. Submitting a fabricated invoice to a court proceeding constitutes preparation of false evidence and destruction of the evidentiary record under PC §§132 and 134.
Evidence Anchors
City inspector clearance — 18 days before invoice
LY Construction · Anna Ly · AP Silk Arts Inc. linkage
$0.88/sqft used carpet billed as new at $7,837
Prior pattern: dishwasher billed before move-in
COUNT 7
ATTORNEY MISCONDUCT — Constructive Abandonment
Rules of Prof. Conduct 1.16 · PC §§127, 182 · Bus. & Prof. §6128(a)
Richard Rosiak accepted $8,000 in fees from Gasio for trial defense. Trial was calendared for Monday, January 13, 2025. Rosiak's withdrawal letter was delivered to Gasio's residential mailbox on Friday, January 10, 2025 — three business days before trial — leaving Gasio no time to retain substitute counsel. Rosiak claimed in the withdrawal letter that re-entry as counsel was "not legally permitted." This representation was confirmed false under established California civil procedure. Rosiak refused to produce the case file for seven weeks, leaving Gasio to proceed pro se without access to his own evidence. The case did not conclude until April 2025. State Bar formal disciplinary proceeding is open.
Evidence Anchors
Withdrawal letter to mailbox Friday Jan 10 — trial Mon Jan 13
"Not legally permitted" — confirmed false
Case file withheld 7 weeks
State Bar formal disciplinary proceeding open
COUNT 8
MANDATORY REPORTING FAILURE — Civil Rights Violation
42 U.S.C. §1983 · W&I Code §15630 · ADA Title II
On July 3, 2025, Gasio personally delivered a 162-page physical evidence package to HBPD. Lt. Shawn Randell acknowledged receipt, had it reviewed, and returned a verbal determination of "no crimes here." No case number was issued. No witness was interviewed. No evidence log was created. IA File AI 26-0003 was disposed "UNFOUNDED" on February 18, 2026 — signed by Randell and Sgt. Tunstall #1178 — without the victim ever being contacted. California W&I Code §15630 imposes a mandatory reporting obligation on law enforcement when financial elder abuse of a person over 65 is suspected. The victim is 72 years old, disabled, wearing a cardiac monitor, and sustained documented losses exceeding $87,000. This failure constitutes deprivation of civil rights under 42 U.S.C. §1983.
Evidence Anchors
IA File AI 26-0003 — UNFOUNDED Feb 18, 2026
162-page package — received, no case number
W&I Code §15630 — mandatory reporting not fulfilled
Lt. Randell / Sgt. Tunstall #1178 — signed disposition
Subpoena Targets Requested
| Target | Records Requested | Purpose |
|---|---|---|
| DocuSign / Authentisign | All records for envelope #46CC8725 | Confirm routing instructions to Le personal account — establishes wire fraud nexus |
| Wells Fargo Bank | Account #3312942937 — March–September 2024 | Trace rent fund diversion; confirm non-trust account status; BPC §10138 violation |
| HBPD | IA File AI 26-0003 — complete file including detective review notes | W&I §15630 mandatory reporting failure; Lt. Randell broken written commitments |
| LY Construction | All invoices; business registration records | Establish Anna Ly / Tran family enterprise; confirm invoice fabrication |
| BHHS California Properties | Trust account records — 5848 Edinger Ave branch, 2022–2024 | BPC §10138 violation — no segregated trust account maintained |
| Forensic Laboratory | Sealed uncashed cashier's check — fingerprint / print analysis | Confirm Hanson Le handled and retained check after signing USPS receipt "H.H." |
Active Agency Filings
| Agency | Filing / Reference | Status |
|---|---|---|
| FBI Los Angeles | SA H. Nguyen — hnguyen2@fbi.gov | Referred |
| CA DRE | Complaint No. 1-24-0513-010 · Inv. Tom Nguyen · Conflict flag per DRE Accusation H-40694 LA · Demand letter to SSI Jerusha White | Active |
| FTC | Report No. 194449713 | Filed |
| IC3 / FBI | December 2025 filing — wire fraud, mail fraud, bank instrument fraud | Filed |
| California State Bar | Rosiak formal disciplinary proceeding | Open |
| OC District Attorney | Real Estate Fraud Unit · Physical binders at 300 N. Flower St., Santa Ana — RETRIEVE BEFORE MID-APRIL 2026 | Declined — jurisdiction only |
| HBPD Internal Affairs | IA File AI 26-0003 · Lt. Randell / Sgt. Tunstall #1178 · W&I §15630 failure alleged | UNFOUNDED — disputed |
Verification & Certification
I, Michael Andrew Gasio, declare under penalty of perjury under the laws of the State of California that the foregoing statements are true and correct to the best of my knowledge, information, and belief, and that the exhibits referenced herein are authentic documentary evidence available for examination at gasiomirror.com and upon request. This document was submitted simultaneously to all named defendants and oversight agencies in accordance with the complaining party's policy of full transparency.
Michael Andrew Gasio
Complaining Party — Pro Se · gasio77@yahoo.com · April 4, 2026
DA Access
OCDA
HBPD Access
HBPD