The Federal Road Map
A residential tenancy administered through electronic transmissions and bank instruments leaves a federal record. Rent directed by wire to a personal account; an instrument prepared and circulated by electronic signature; a tender mailed and sealed; a two-payee check collected without an indorsement — each is a transaction the federal fraud statutes were written to reach. This page states those statutes as the courts have construed them and applies them, strictly as questions, to the documented record, then maps the potential federal exposure of each actor named on it. Allegation framing throughout · Every actor is presumed innocent · No finding has been made by any court or agency
When the rent of a single tenancy is moved by electronic transfer to a personal account, the governing instruments are authored and circulated across electronic-signature servers, a cure is mailed and sealed, and a check payable to two is collected through the banking system on the indorsement of neither — which federal provisions are implicated, what must be proven under each, and what exposure does each participant face? The framework below answers the first two questions as a matter of settled law and applies the third, as a question, to the record.
Wire Fraud — 18 U.S.C. § 1343
Section 1343 reaches whoever, having devised a scheme to defraud or to obtain money or property by materially false or fraudulent pretenses, transmits or causes to be transmitted by wire in interstate or foreign commerce any writing, sign, signal, or sound for the purpose of executing the scheme. The Supreme Court reads the statute broadly and in step with its mail-fraud twin. To prove it, a reviewer would test four elements:
- A scheme or plan to defraud, or to obtain money or property by materially false or fraudulent pretenses, representations, or promises;
- The materiality of the false statement or omission — that it had a natural tendency to influence a person to part with money or property (Neder);
- Intent to defraud — an intent to deceive and to cheat, not merely to deceive (Miller); and
- Use of, or causing the use of, an interstate or foreign wire to carry out an essential part of the scheme — one who acts knowing that a wire will follow in the ordinary course “causes” its use (Pereira), and the transmission need only be a step in the plot (Schmuck).
The Unit of Prosecution — Each Transmission a Separate Count
The gravamen of the offense is the use of the wires, not the scheme that surrounds it. The Supreme Court fixed the rule a century ago for the mail-fraud statute: each separate use is a separate offense. Because the mail and wire statutes are construed identically, the rule carries to § 1343 — each qualifying transmission is its own count.
This is the core of the modernization point. When the statute was enacted the “wire” was a telephone or telegraph line, and a scheme might turn on a single call. As commerce moved to fax, then to e-mail, electronic-signature platforms, server downloads, and electronic funds transfers, a single scheme can throw off many discrete transmissions where an earlier one threw off a few — a template pulled from a server, each signing-platform envelope, each interbank confirmation. The arithmetic of the counts rises with the speed and number of the connections.
Bank Fraud — 18 U.S.C. § 1344 — and the Financial-Institution Enhancement
Section 1344 reaches a knowing scheme to defraud a financial institution, or to obtain its funds — or funds in its custody or control — by false or fraudulent pretenses. The Supreme Court has held that § 1344(2) does not require an intent to defraud the bank itself (Loughrin), and that a scheme aimed at a bank customer’s deposits defrauds the bank, which holds a property interest in those funds (Shaw). The unit of prosecution is each execution of the scheme.
This part also supplies the bridge the bank instruments build. Where a § 1343 wire-fraud scheme affects a financial institution, the statutory ceiling on § 1343 itself rises from twenty years to thirty, with a fine to one million dollars. The cashier’s checks and the interbank wires on this record are precisely the instruments that would carry that enhancement.
Mail Fraud — 18 U.S.C. § 1341 — the Mailed Instruments
The mail-fraud statute is the twin of § 1343 and is read identically; the difference is only the channel. The certified cure tender and the move-out packet traveled by United States mail. The same four elements apply, with a mailing that is a step in furtherance of the scheme. The ceiling is twenty years, rising to thirty where the offense affects a financial institution.
The Transmission Chain, Applied
On the documented record, the questions are whether each of the following electronic acts is a use of the wires for purposes of § 1343, and whether together they execute a single scheme:
- The download of the Move-Out Clearance Report template from counsel’s server;
- The DocuSign and Authentisign envelope transmissions by which the Three-Day Notice and the move-out instrument were authored and circulated;
- The interbank wire of June 28, 2024, of $5,350 to a personal account, memo “Unknown Contract”; and
- The collection of the two-payee cashier’s check across bank systems on the indorsement of neither named payee.
Each, if in furtherance of a scheme and interstate in transit, presents a discrete § 1343 question; the bank instruments additionally present the § 1344 question; the mailed instruments present the § 1341 question. These are questions on a documentary record. No finding has been made.
Federal Exposure, by Actor
For each actor on the documented record, the map states the conduct presented as a question, the provision it implicates, and the body to which it is referred. Exposure is calibrated honestly: it is marked strong only where the documented transmissions and instruments support it, and stated as a supervisory or state question where they do not. Every actor is presumed innocent. No finding has been made.
Phat L.K. Tran, D.M.D.
Owner of record- Conduct — Q
- Rent directed to a personal account; the June 28, 2024 interbank wire of $5,350 to personal Wells Fargo #1005959166 (memo “Unknown Contract”); the contemporaneous “Hanson has the check” text within the cure window; the two-payee cashier’s check collected without his indorsement.
- Provisions
- 18 U.S.C. § 1343 (wire) · § 1344 (bank instruments) · § 1341 (mailed instruments)
- Referred to
- OC District Attorney (Pen. Code § 134) · FBI Los Angeles / IC3 · USPS Postal Inspection Service.
- Status
- No finding has been made.
Hanson Tri Le
Listing agent · DRE Broker #01358448- Conduct — Q
- Solicitation of rent to a personal account (#3312943297); receipt and sealing of the $4,338.48 certified cashier’s-check tender while the cure window remained open; the question of a representation that no tender had been received.
- Provisions
- 18 U.S.C. §§ 1341 / 1343 (the sealed mailed tender and surrounding transmissions) · Bus. & Prof. Code § 10145 (state trust-fund duty on the broker license).
- Referred to
- California DRE (Pre-Complaint #1-26-0304-002) · USPS Postal Inspection Service · FBI / IC3.
- Status
- Pre-complaint; no investigation opened; no finding has been made.
Anna Tran Ly
Broker · DRE #01894348- Conduct — Q
- DocuSign authorship and circulation of the Three-Day Notice; the $2,005 move-out invoice on a counsel-distributed template; execution of the Move-Out Clearance Report (Envelope F5D247C2).
- Provisions
- 18 U.S.C. §§ 1343 / 1341 (electronic preparation and transmission of the instruments across signing-platform servers) · Pen. Code §§ 115, 134 (state — false or deceptive instrument) · Bus. & Prof. Code §§ 10176, 10177.
- Referred to
- California DRE · OC District Attorney · FBI / IC3.
- Status
- No finding has been made.
Steven D. Silverstein, Esq.
Counsel of record · CA Bar #86466- Conduct — Q
- Distribution of the Move-Out Clearance Report template from the firm’s server; the two-payee cashier’s check (#0084412016) deposited into a law-office account on the indorsement of neither named payee — the sixty-nine-day deposit.
- Provisions
- 18 U.S.C. § 1343 (the template transmission) · § 1344 (handling of the bank instrument) · Cal. R. Prof. Conduct 1.15, 8.4(c); Bus. & Prof. Code § 6106.
- Referred to
- State Bar Office of Chief Trial Counsel · OC District Attorney · FBI.
- Status
- Under formal review; no finding has been made.
Dennis A. Rosas
Designated officer / supervising broker · DRE #00602101- Conduct — Q
- As the designated officer above the listing agents, the question whether a supervisory duty to act attached once the conduct was reported to the firm.
- Federal exposure
- Not asserted on this record. A supervisor’s federal fraud liability would require participation in, or knowing facilitation of, the scheme; the documented record does not establish that. The live question is a state supervisory one.
- Provisions
- Bus. & Prof. Code § 10177 (state — supervisory responsibility).
- Referred to
- California DRE (supervisory question).
- Status
- Not a subject; no finding has been made.
| Provision | Maximum | Enhanced | Unit |
|---|---|---|---|
| § 1343 Wire fraud | 20 yrs | 30 yrs / $1M if it affects a financial institution | per transmission |
| § 1344 Bank fraud | 30 yrs | $1,000,000 fine | per execution |
| § 1341 Mail fraud | 20 yrs | 30 yrs / $1M if it affects a financial institution | per mailing |
These are statutory maxima, per count, and they describe reach, not result. The charging decision rests with the United States Attorney or the District Attorney; a private complainant refers. The questions on this page are presented to the bodies named above for review. No finding has been made by any court or agency.
United States Supreme Court
- Badders v. United States, 240 U.S. 391 (1916)
- Kann v. United States, 323 U.S. 88 (1944)
- Pereira v. United States, 347 U.S. 1 (1954)
- United States v. Maze, 414 U.S. 395 (1974)
- Carpenter v. United States, 484 U.S. 19 (1987)
- Schmuck v. United States, 489 U.S. 705 (1989)
- Neder v. United States, 527 U.S. 1 (1999)
- Loughrin v. United States, 573 U.S. 351 (2014)
- Shaw v. United States, 580 U.S. 63 (2016)
United States Court of Appeals, Ninth Circuit
- United States v. Garlick, 240 F.3d 789 (9th Cir. 2001)
- United States v. Miller, 953 F.3d 1095 (9th Cir. 2020)
Federal Statutes
- 18 U.S.C. § 1341 — Mail fraud
- 18 U.S.C. § 1343 — Wire fraud
- 18 U.S.C. § 1344 — Bank fraud
California Authority — Offshoots
- Cal. Penal Code §§ 115, 134
- Cal. Bus. & Prof. Code §§ 6106, 10145, 10176, 10177
- Cal. Rules of Professional Conduct 1.15, 8.4(c)
Pattern Instructions
- Ninth Circuit Model Criminal Jury Instructions — mail fraud, wire fraud, and bank fraud