Case Overview — 15-Minute Legal Brief
Short purpose: present the core facts, the discrete criminal predicates, the evidence anchors, and recommended next steps so a law firm, investigator, or prosecutor can evaluate the matter in 10–15 minutes.
Core narrative (90-second read)
Between April and July 2024 the plaintiff (tenant) tendered rent and related payments documented by bank records and USPS receipts. Payments were acknowledged in text messages by the owner (Dr. Phat Tran) and owner’s agent (Hanson Le). Subsequently the owner and agents presented a different contract in court, denied receipt of funds, and pursued eviction. The tenant alleges a coordinated pattern of mail/wire fraud, forgery, extortion, false billing and retaliatory eviction. Evidence includes bank confirmations, USPS proof of delivery, DocuSign/AuthentiSign metadata, text logs, courtroom recordings, and invoices tied to the owner’s family contractor.
Actors and roles
Owner — Alleged recipient and concealer of funds; initiated eviction
Agent — Alleged DocuSign forgery, collector, and intermediary
Owner’s daughter / realty associate — alleged false invoicing
Eviction counsel — alleged concealment and misleading court filings
Former counsel — alleged abandonment and retention issues
Predicate acts: 12 core crime cards (short list)
1. Wire Fraud 18 U.S.C. § 1343
Electronic transmission used to execute a scheme to deprive the tenant of funds or property.
Key evidence: EX-005 (Wells Fargo record 4/19/2024 $5,000), text confirmations, bank tracer.
2. Mail Fraud 18 U.S.C. § 1341
Use of the mail (certified/UPS) to transport or conceal transactional instruments or contracts.
Key evidence: USPS certified receipt showing package signed at Berkshire office; EX-037.
3. Bank Fraud / Fraud on Financial Instrument 18 U.S.C. § 1344
Misuse, diversion, or concealment of cashier's checks and e-deposits intended as rent.
Key evidence: Bank records, e-deposit traces, check image signed at Berkshire.
4. Forgery / Counterfeiting Corporate Seal CA Penal Code § 470, § 472
Counterfeit DocuSign or forged corporate seal used to fabricate a lease or alter terms.
Key evidence: DocuSign/AuthentiSign metadata; mismatch in signature timestamps and license records.
5. Extortion / Coercion 18 U.S.C. § 1951 / Hobbs Act
Threats to evict or otherwise coerce tenant into paying outside the contractual terms.
Key evidence: Texts demanding payment to a private account and eviction threats tied to signing a new contract.
6. False Billing / Invoice Fraud CA B&P § 17500 / CA Bus. & Prof. Code
Fabricated contractor invoices for remodeling and billing the tenant for items not performed.
Key evidence: LY Construction invoice vs. market prices (Home Depot screenshots) and absence of receipts from third-party installers.
7. Fraud on the Court / Perjury 18 U.S.C. § 1621 / CA PC §118
Filing or testifying under oath while knowing of contradictory documentary proof (payment receipts presented in court).
Key evidence: Courtroom audio/video, text showing owner acknowledged receipt, USPS/bank evidence shown to court.
8. Retaliatory Eviction CA Civil Code § 1942.5
Eviction initiated following tenant’s good-faith complaints to police and regulators regarding fraud and habitability.
Key evidence: Timing of complaints to police/DRE vs. eviction filing; lack of prior defaults.
9. Attorney Misconduct / Obstruction CA B&P § 6103 / 18 U.S.C. § 1503
Withholding exculpatory documents, misrepresenting payment status in filings, or intentionally misdirecting process servers.
Key evidence: Court filings, certified mail tracking, communication logs with counsel.
10. Elder Abuse / Discrimination (if applicable)
Failing to provide interpreter or reasonable accommodations and taking advantage of a disabled tenant.
Key evidence: ADA accommodation requests, medical records showing disability and stress injuries tied to the eviction process.
11. Conspiracy / Coordinated Scheme
Agreement among the owner, agent, and others to execute a coordinated fraudulent plan to extract funds and remove tenant.
Key evidence: Cross-referenced communications, repeated patterns of the same scheme across transactions.
12. RICO Pattern (Enterprise Liability) 18 U.S.C. §§ 1961–1968
Multiple predicate acts establishing a continuing criminal enterprise for financial gain.
Key evidence: Aggregate of mail/wire/fraud/forgery acts dated and mapped to actors; pattern satisfies "continuity" and "relatedness."
Evidence anchor table (quick reference)
| Exhibit | Short description | Why it matters |
|---|---|---|
| EX-005 | Wells Fargo transfer / cashier check image (4/19/2024) | Shows tenant payment tendered. |
| EX-025 | Text: "Hanson has the check" (owner acknowledgement) | Owner's knowledge of payment. |
| EX-037 | USPS certified delivery signed at Berkshire office | Mail channel for instrument; mail fraud anchor. |
| EX-036 | DocuSign / AuthentiSign metadata | Forged signature / timestamp discrepancies. |
| EX-054 | LY Construction invoice | Discrepancy vs. market pricing; false billing. |
| EX-081 | Courtroom audio/video clip | Recorded denial under oath while documentary proof exists. |
Suggested immediate actions (professional escalation)
- Preserve and fingerprint evidence: Ensure bank records, USPS tracking, DocuSign metadata, and courtroom recordings are preserved with timestamps and checksums.
- File formal referrals: USPS Inspector (mail fraud), FBI (wire & bank fraud), State DRE complaint (license misconduct), and local DA (state fraud/forgery/retaliation).
- Send certified legal notice to corporate counsel: Berkshire Hathaway HomeServices CA Properties compliance/legal department with Case Overview and Exhibit Index attached. Request internal review and response within 10 business days.
- Civil pathway: Prepare RICO predicate mapping and ready a civil complaint seeking treble damages and injunctive relief; preserve service evidence for the court file.
- Medical/damage documentation: Secure medical records showing stress/arrhythmia and calculate economic damages (rent paid, deposit withheld, contractor charges).
One-page conclusion
The assembled facts support plausible criminal and civil causes. Documentary receipts and communications show creditor (owner/agent) knowledge of payment. Subsequent denials, altered contracts, and diversion of funds create a discoverable pattern of deception. The matter is ready for criminal referral and civil filing pending counsel review. This brief is intentionally modular. Attachments: Exhibit index, DocuSign metadata export, bank records, USPS certified proof, course-of-conduct timeline.