The following account is supported entirely by documentary evidence. Every fact, admission, date, and dollar amount described in this document exists in the evidentiary record. Original files are indexed at the end of this document by exhibit number, file name, and brief description. The complete evidence portal is publicly accessible at gasiomirror.com and has been made available to the California State Bar, the California Department of Real Estate, the Federal Trade Commission, the FBI Internet Crime Complaint Center, the Huntington Beach Police Department, and the Orange County District Attorney. Raw evidence files are additionally preserved in Google Drive and available to verified investigators upon request.
No fact in this document is alleged — each is proven. This is not a complaint about a difficult landlord. It is a documented account of coordinated fraud, executed by licensed professionals, targeting a medically vulnerable retired educator and his family in a housing market where wrongful displacement carries life-altering consequences. Every payment was made. Every rule was followed. The system failed anyway — and then, methodically, those responsible were reported to every agency that could have acted. This document is the record of what was done and what was not done in response.
In the spring of 2022, during the height of the COVID-19 pandemic, Michael and Yulia Gasio received an unsolicited email through Zillow identifying 19235 Brynn Ct, Huntington Beach, California as a match for their housing search. The listing, posted by Anna Ly of Sun Realty and Management — the property owner's daughter — advertised the home as pet-friendly, stated that all appliances were included, listed in-unit washer and dryer, and described an ocean view. The Gasios had been searching for a home large enough for two 100-pound dogs, Yulia's mother Tatiana, and an art studio space. They had already toured several properties closer to the beach. This one was not at the top of their list.
The neighborhood was quiet and the price was within range, but the house showed poorly on first visit — sparse, unfinished, and not yet cleaned out after the previous tenant. Michael looked quickly, thanked the agent, and left. He told his wife it was not what they were looking for. Anna Ly called back. She was persistent. What the Gasios did not know at that moment — what they would not learn until deep into the litigation — was that Anna Ly was not an independent agent representing the owner's interest. She was the owner's daughter, operating under an expired DBA (Sun Realty and Management) from her personal residence at 1532 Orchard Drive, Newport Beach, without a city business license, without a registered branch office, and without the disclosures required of a licensed agent conducting residential transactions. Her DRE License No. 01894348 was active, but her business structure was not.
The undisclosed family relationship between Anna Ly and property owner Dr. Phat Tran is not merely a conflict of interest — it is a structural element of the fraud. A principal cannot use an agent who is also a family member and financial beneficiary while presenting that agent to tenants as an independent professional. This relationship, combined with the false amenities in the listing, establishes BPC §17500 false advertising and CC §1710 fraudulent inducement from the first contact. Public records further confirm that AP Silk Arts, Inc. — with Anna Ly as CEO and Phat Tran as Registered Agent at his own home address — ties the two together in a documented corporate structure well before this tenancy began.
- BPC §17500 — False advertising: ocean view, in-unit laundry, included appliances
- CC §1710 — Fraudulent inducement: material misrepresentations inducing execution of lease
- BPC §10176(a) — Agent misrepresentation to principal and prospective tenant
- BPC §10162 — Unlicensed branch office operation from residential address
T12 — Zillow listing with false amenities | T17 — Homes.com listing | T3 — Yulia Gasio rental application | T5 — Michael Gasio rental application | annafraud.html — Anna Ly unlicensed business operations | annafraud3.html — AP Silk Arts Inc. corporate link to Tran
The timing made the decision for them. Yulia Gasio, a professor of art at California State University Long Beach, had been offered a position out of state. She had nearly accepted it when CSULB countered with an additional $30,000 to stay. She took the offer — but the decision came with two weeks notice to find housing. Their current landlord had already been told that remodelers could come in at the end of the month. They had nowhere to go.
The Gasios filled out credit applications. Michael disclosed that he was disabled and that the family would be paying from savings, noting a net worth in excess of $2.5 million at the time. They told the agent they intended to stay at least five years. Yulia was just beginning a long-term academic program at CSULB. The agent said that was exactly what the owner was looking for — a stable long-term tenant. The two large dogs were discussed from the first contact. Their breeds and combined weight were disclosed in the initial Zillow inquiry. The agent confirmed the dogs were welcome. When the lease arrived, the dogs had been left out entirely.
The Gasios walked away from the deal. They received a callback stating the agent had spoken to the owner and he would approve the dogs — but an additional $1,000 deposit would be required on top of what had already been agreed. They had already walked away from competing properties to pursue this one. They accepted. The $1,000 add-on, imposed after agreement and after they had exhausted alternatives, was the first in a long series of unilateral changes to terms the Gasios would be pressured to absorb.
The $1,000 add-on after the tenants had committed and exhausted alternatives is a textbook adhesion technique. The Gasios had disclosed a net worth in excess of $2.5 million — information that told the owner exactly how much extraction was feasible before they would walk. The pattern established here — agree to terms, wait until the tenant is committed, then impose a new condition — would repeat in escalating form throughout the tenancy. The unauthorized pet fee alone is actionable under BPC §10176(a) and CC §1710. The DRE complaint on file (Case No. 1-24-0513-010) cites this exact conduct as its opening predicate act.
- BPC §17500 — False advertising: pet-friendly representation reversed post-agreement
- CC §1710 — Fraudulent concealment: undisclosed family relationship of agent to owner
- BPC §10176(a) — Agent misrepresentation regarding pet approval
T3 — Yulia rental application | T5 — Michael rental application | T10 — Dog addendum omission | T12a — Agent misrepresentation re: pets | 1017 — DRE complaint re: unauthorized pet fee
The Gasios moved in on May 1, 2022. All rent and deposits were paid in full the first night. Tatiana Zyagintseva, Yulia's mother, arrived separately and spent the first night alone in the house. She is a woman who lived through war, accustomed to hardship, and she slept on the floor rather than disturb anyone. By the next morning she had three questions.
First: where was the ocean view the listing had promised? Tatiana had lived on a cliff in San Pedro with a full wall of windows looking out over the entire Los Angeles basin. There was no ocean view at 19235 Brynn Ct. Second: where was the washer and dryer the listing had advertised? There was none — not in the unit, not in the garage, not anywhere on the property. Third: where would the dogs relieve themselves? There was no adequate outdoor access.
When the Gasios raised the missing washer and dryer with Anna Ly, she responded: "The owner just bought you a house and does not want to buy you a washer. Move out by noon." That statement — delivered to new tenants on their first full day of occupancy, after full payment had been made and possession transferred — was not a misunderstanding. It was a preview of how every dispute would be handled for the next three years.
The property also contained something the listing had not mentioned at all: visible black mold under the kitchen sink, documented by photograph at 11:39 a.m. on May 1, 2022 — move-in day. It was never remediated. This timestamp is critical: it establishes that the mold predated the tenancy, that the owner had knowledge of it, and that no pre-move-in walkthrough was offered — a direct violation of California Civil Code Section 1950.5(f). An owner who fails to offer a pre-move-in inspection cannot later claim tenant damage for conditions that existed before the tenant arrived.
"The owner just bought you a house and does not want to buy you a washer. Move out by noon." — Anna Ly, May 2, 2022, first full day of occupancy after full payment made.
- CC §1941.1 — Failure to maintain habitable premises from move-in date
- HSC §17920.3 — Substandard housing: visible mold endangers health
- CC §1950.5(f) — No pre-move-in walkthrough offered or conducted
- BPC §17500 — False advertising: no ocean view, no in-unit laundry
- CC §1943 — Owner obligated to provide all promised appliances
T11 — Payment confirmation and key transfer | T12 — False Zillow listing | T12a — "Move out by noon" retaliation text | T15 — Kitchen mold photograph 11:39 a.m. May 1, 2022 | T17 — Homes.com false listing
The original lease, signed April 21, 2022, was a standard California Association of Realtors form. It specified that rent was due on the first of each month, payable by check or cashier's check to Phat Tran at his personal address. Within weeks of move-in, Tran called Michael directly and changed the terms verbally. He wanted rent paid into his personal Wells Fargo bank account — not by check as the lease stated — and he wanted it by the 20th of the preceding month, not the 1st. His reason, stated on the phone, was that he had a bill due on the 20th and did not want to wait.
He also added an unauthorized $30 wire transfer fee to every payment. When Michael objected in writing on March 29, 2023 — "You cannot change contract on your own" — Tran ignored the protest and continued demanding early payment under threat of a $500 late fee charged to credit. The Gasios complied under duress. They paid early every single month — not because the contract required it, but because they could not afford the credit damage Tran threatened.
California Civil Code Section 1670.5 prohibits enforcement of unconscionable contract modifications. California Civil Code Section 827 requires written notice for any change in tenancy terms. Neither was provided. Tran changed the rules verbally, enforced them through financial threats, and collected the benefit — an interest-free early payment every month — while the Gasios absorbed the cost of compliance. The unauthorized wire fee alone, at $30 per payment over 24+ months, represents over $700 in unauthorized extraction before the eviction scheme began.
The early payment demand is not incidental. Tran's disclosure to Michael that he had a bill due on the 20th was an admission that he was running tight financially on his investment properties — a fact confirmed by later evidence showing he carried multiple variable-rate loans that had become expensive in the post-COVID rate environment. An owner in financial distress who controls a tenant's move options through an inflating rental market has both motive and leverage. The early payment scheme extracted approximately $60,000 in early-delivered funds across three years — money Tran used interest-free while threatening credit damage if the contractual first-of-month date was honored instead.
- CC §1670.5 — Unconscionable contract modification imposed by threat
- CC §827 — Written notice required for any change in tenancy terms
- CC §1942.4 — Collecting rent while knowingly in breach of habitability
- PC §518 — Extortion: threat of credit damage to compel compliance
T7 — Original signed lease, CAR Form LR, April 21, 2022 | T8 — Rent cap and just cause addendum | T19 — March 29, 2023 email "Cannot change contract on your own" | TOP-06 — Extortion and early payment threats | 1016 — Unauthorized bank account redirect
The habitability problems at 19235 Brynn Ct were not minor maintenance issues. They were structural, pre-existing, and traceable to a specific contractor error that predated the Gasios' tenancy. At some point before the family moved in, a contractor had installed the dishwasher drain line and the alternating current electrical wiring on the same 2x4 stud — with the live electrical wiring running beneath the water drain. When the drain eventually failed, water contacted the live wiring. The result was a rusted-through metal-to-ceramic connection at the wall outlet screw plate, an active electrical short, and two years of moisture seeping into the kitchen wall behind the dishwasher.
Black mold colonized the wall cavity. The damage was extensive enough that when Tran finally sent LY Construction to assess it, the worker found the rusted outlet, replaced the plug, noted the wall was wet, told Michael the entire wall needed to be torn out — and left. The drain pipe was untouched. The short was still in progress. The root cause was never addressed. LY Construction, notably, is a family entity connected to Tran through his daughter Anna Ly — the same contractor that would later generate the fabricated $20,980 post-eviction invoice.
Separate from the dishwasher wall, black mold was also visible under the kitchen sink on move-in day — photographed at 11:39 a.m. on May 1, 2022. That mold was never remediated either. The roof leaked. Water intrusion damage was documented and photographed. Tran sent a handyman and later flew a drone over the property to assess the roof from above rather than enter and inspect properly. Windows in multiple rooms would not stay open. Electrical switches were loose — a worker told Michael to replace them himself.
As for the dishwasher itself, it failed at move-in — the original contractor error had compromised the installation from day one. It was repaired temporarily. Nearly two years later it failed a second time, this time the machine itself. Michael tested it on an extension cord to confirm — no power issue, the appliance was dead. This second failure was the event that prompted the introduction of Hanson Le as the new property manager in April 2024. After two more months of promises and no action, the Gasios purchased and installed a replacement Whirlpool dishwasher on May 16, 2024, at a total cost of $1,011.52 including installation, delivery, and haul-away of the old unit. Home Depot Order No. WM68385688 confirms the purchase, the delivery address, and the account holder. The owner accepted the benefit of the installed appliance. He never reimbursed the cost. He never credited it at move-out.
Under California Civil Code §1943, a landlord who promises appliances as part of a lease is obligated to provide and maintain them in working order. The dishwasher's failure, traced directly to an improper pre-tenancy installation by the same family contractor entity that later billed $20,980 for post-eviction "repairs," creates a closed loop of liability. The owner knew the installation was faulty (LY Construction told him so in writing), allowed the condition to persist, accepted the tenant's self-purchased replacement, and then billed $7,835 for carpet replacement — not the failed infrastructure that caused the problem — after converting the property to an Airbnb. That sequence is fraud, not deferred maintenance.
- CC §1941.1 — Landlord obligation to maintain appliances in safe working order
- HSC §17920.3 — Substandard housing: visible mold, structural water damage
- California Electrical Code — Live wiring routed beneath drain line
- CC §1942.4 — Collecting rent while knowingly maintaining uninhabitable conditions
- CC §1943 — Owner must provide and maintain all promised appliances
- CSLB — Abandoned repair by licensed contractor (LY Construction)
T15 — Kitchen mold, May 1, 2022 | T16 — Mold and rot beside dishwasher, LY Construction assessment | TOP-05 — Habitability knowledge documentation | 1007 — Dishwasher stall timeline | 1008 — Written installation commitment | 1040 — Two-month delay documentation | 1074 — Home Depot Order WM68385688, $1,011.52 | hansonlemoldphotosdrtofix.png — Mold photos transmitted to agent
By early 2023, the Gasios had completed their first year at 19235 Brynn Ct. Despite the habitability problems, the unilateral payment changes, and the hostile response to every complaint, they wanted to stay. Yulia's academic position at CSULB was stable. The dogs were settled. Tatiana was comfortable. Moving again during a period of rising rents would have meant paying significantly more for less.
On February 22, 2023, Anna Ly sent a DocuSign lease extension through her official Sun Realty email. Michael received it, confirmed receipt the same day, and told her he would review it with his wife that evening. Yulia never received her copy. The DocuSign envelope had been routed only to Michael — an agent error. Anna Ly subsequently told Yulia she had never sent any such document. This was false. The DocuSign audit trail shows the envelope was sent, time-stamped, and authenticated under Anna Ly's credentials. A state housing investigator was later told the same false statement. That is a violation of Government Code Section 6201.
The following month, March 18, 2023, Anna Ly emailed the Gasios stating: "I no longer work for Phat Tran — call him directly." She would repeat variations of this claim whenever accountability arose. It was never true. Seventeen months later she would transmit the $20,980 move-out damage invoice from Dr. Phat Tran's dental office email server, copying Tran and his attorney simultaneously. Between the claimed disassociation and the move-out invoice, she sent additional DocuSign documents, coordinated lease administration, and participated in the eviction sequence as if she had never stopped working for her father at all.
In April 2024, Tran introduced a new figure: Hanson Le, described as a professional property manager affiliated with Berkshire Hathaway HomeServices California Properties, DRE License No. 01358448, with more than 20 years of experience. He was not randomly assigned to this property. He was personally introduced by Tran after the tax-day stall, specifically to control the payment channel during Year 3. By the time Le appeared, a valid Year 3 lease had already been negotiated directly with Tran — confirmed in writing on April 2, 2024, when Tran texted: "Please do not think we're looking new lessee." Seventeen days later, the Gasios wired $5,000 to start Year 3. Le arrived after the deal was done. His role was not management. His role was the money.
"Please do not think we're looking new lessee." — Phat Tran, text message, April 2, 2024. Written confirmation of continuing tenancy 17 days before the Year 3 wire payment that Tran later denied receiving.
- Gov Code §6201 — False statement to a state housing officer by Anna Ly
- BPC §10176(a) — Agent misrepresentation: denial of sent DocuSign documents
- CC §1710 — Fraudulent concealment: ongoing agency relationship hidden from tenants
- 18 USC §1349 — Conspiracy to commit fraud: Le introduction as payment channel controller
T20 — DocuSign inbox showing Anna Ly as sender | T21 — February 22, 2023 email chain | T22 — Anna Ly false "no document" claim | nowork.html — Disassociation claim vs. August 2024 dental office email | T9 — Consensys Property Management withdrawal | T25 — Tran text April 2, 2024 | 1002 — Hanson Le introduction April 25, 2024 | RICO46ab — Wire fraud and collusion timeline
On April 26, 2024, a new lease document was transmitted through Authentisign — DocuSign envelope No. 46CC8725-F703-EF11-96F5-6045BDD68161 — to four signatories: Dr. Phat Tran, Hanson Le, Michael Gasio, and Yulia Gasio. The document bore Berkshire Hathaway HomeServices California Properties branding, was sent from Le's official BHHS corporate email address hansonle@bhhsCAprops.com, and was executed through BHHS's licensed Authentisign platform. All four parties signed. The Authentisign confirmation shows Le completed his signature on April 28, 2024 at 5:36 p.m. PDT. This was a contract transmitted across interstate electronic servers — a federal wire instrument.
Buried in the payment clause was a term that had not existed in any prior lease. Rather than directing rent to Phat Tran's personal address or Wells Fargo account as all previous agreements had specified, the new document directed monthly rent payments to Hanson Le's personal Wells Fargo account, routing number and account number 3312942937 stated explicitly. Tran's initials appear beside that clause. He read it. He approved it. This single clause was the mechanical heart of the fraud.
Once rent was contractually directed to Le's personal account — outside any broker trust account, outside any official BHHS ledger, outside any escrow oversight — payments made in full compliance with the signed contract would never appear in Tran's official records. When Tran later told the court that no rent had been received, his ledger was clean. It was clean because the contract he had initialed ensured the money would never reach it.
California Business and Professions Code Section 10138 requires that all trust funds collected by a real estate agent be deposited into a licensed broker trust account — not a personal bank account. California Business and Professions Code Section 10176 prohibits a licensee from directing client funds into private accounts for personal use. BHHS manager Dennis Rosas, when contacted about Le's conduct, told Michael: "Call Hanson — he is moonlighting. They all do it." Rosas was the Designated Officer of Springdale Marina Inc., the legal entity behind the BHHS California Properties franchise, DRE License No. 01208606. His acknowledgment of Le's off-books activity, combined with his failure to take any corrective action, bound the corporation to everything Le did under its brand, its platform, and its email servers.
The April 26, 2024 Authentisign transmission is the core federal predicate. It is an interstate electronic communication containing a materially false payment clause — directing tenant funds to a personal account rather than a licensed trust account — sent through a corporate platform under false pretenses of legitimate property management. Under 18 USC §1343, each use of interstate wire communications to advance a scheme to defraud is a separate count. The transmission of the DocuSign, Le's completion of his signature, and the subsequent transmission of the signed confirmation are three separate wire events. BHHS's Designated Officer received certified notice of Le's conduct and took no action — creating supervisory liability under BPC §10177(d) and binding the corporation under CC §2332.
- 18 USC §1343 — Wire fraud: interstate transmission of fraudulent payment clause
- PC §470 — Forgery: unauthorized payment clause inserted into lease
- BPC §10138 — Trust account requirement: Le directed funds to personal account
- BPC §10176(a) — Licensee misconduct: directing client funds to private account
- CC §2332 — Agent knowledge imputed to principal: BHHS bound by Le's conduct
- BPC §10177(d) — Failure to supervise: Rosas/BHHS knew and did nothing
1036 — Owner-initialed payment clause, Le's account #3312942937 | 1037 — DocuSign transmission, Authentisign #46CC8725 | 1041 — Authentisign confirmation, BHHS corporate email, April 28, 2024 5:36 p.m. | RICO101 — BHHS/Le chain, Rosas "moonlighting" admission | DRE record — Springdale Marina Inc., DRE #01208606
Between April 19 and July 2024, the Gasios made four rent payments totaling more than $21,000. Not one of them was ever credited to their account. Not one was acknowledged in court. Each disappeared through a different mechanism — and each disappearance was documented in the defendants' own words.
Payment One — $5,000 wire, April 19, 2024. Wells Fargo wire transfer, confirmation No. OW00004382456864, memo line: "New lease 24 one payment at 5000." This was Month 25 of continuous tenancy — the first payment of Year 3. Tran told the court it never existed. His own prior text — "Please do not think we're looking new lessee" — written 17 days earlier — proves he knew the Year 3 lease had been agreed. The wire confirmation is a federal record.
Payment Two — $5,350 cashier's check, May 28, 2024. Made payable to Berkshire Hathaway HomeServices California Properties as directed by the signed Authentisign lease. Mailed by USPS certified mail to the BHHS Huntington Beach office at 5848 Edinger Avenue. USPS tracking confirms delivery. The signature on the receipt was "H." Tran subsequently texted Michael: "Mr. Gasio, here is your receipt for paying the June rent early to Berkshire and Hanson Le. He got it." Days later, Tran texted again: "Sorry I did not know you paid your rent to the Hanson account, I just texted him to find out." The check was never deposited. It was never returned. It was never credited. Hanson Le invoked the Fifth Amendment when HBPD officers questioned him about the check's whereabouts. Using the United States Postal Service to advance a fraudulent scheme is mail fraud under 18 USC §1341.
Payment Three — $5,350 extortion payment, same night as 3-Day Notice. Tran telephoned Michael and stated: "Put the money in my bank account like you always have or I'll kick you out." Michael offered three lawful alternatives to resolve the missing June check. Tran refused every one. He wanted a private off-contract payment. Under the threat of losing their home, the Gasios paid. That payment was never refunded. Under California Penal Code Section 518, using the threat of injury to property to compel the payment of money is extortion. The eviction notice itself was the threatened injury.
Payment Four — July rent, held past the three-day banking rule. Tran received it, held it past the three-day banking rule, allowing the electronic funds to enter his account. He then claimed to have returned the check by mail — no certified tracking, no signature confirmation, no proof of any kind. The electronic deposit remained in his account. He told the court the July payment had arrived too late — after the 3-Day Notice deadline — and recharacterized it as the missing June payment arriving late, erasing June from the record entirely. The court accepted this version. It was contradicted by bank records, USPS delivery logs, and Tran's own text messages.
"Mr. Gasio, here is your receipt for paying the June rent early to Berkshire and Hanson Le. He got it." — Phat Tran, text message to Michael Gasio, May 2024. Tran later testified under oath that no payment had been received.
- 18 USC §1344 — Bank fraud: deliberate check hold and conversion of electronic instrument
- 18 USC §1341 — Mail fraud: USPS instrument received and concealed
- 18 USC §1343 — Wire fraud: wire payment denied under oath in court
- PC §518 — Extortion: "Put it in my account or I'll kick you out"
- PC §118 — Perjury: false court testimony re: non-payment after written admission of receipt
- PC §503 — Embezzlement by agent: funds received and not transmitted to principal
TOP-01 — April 19 wire, Conf. #OW00004382456864 | TOP-02 — "Hanson has the check," USPS delivery | TOP-03 — July eCheck retained | TOP-06 — Extortion, off-contract payment | RICO20 — Tran court affirmation | m17 — USPS delivery proof | 1042 — Tenant refusal to commit bank fraud | T98 — False court ledger, payment substitution
The 3-Day Notice to Pay Rent or Quit arrived in the Gasios' mailbox on a Friday evening in June 2024. They came home from dinner. The mail was there. Michael opened it. They were not represented by an attorney. Monday was a court date. They had a weekend. Michael spent those two days doing what he had spent 16 years doing as a finance manager and 30 years doing as a school administrator — he organized. He pulled the contracts, the payment records, the text messages, the bank confirmations, and the USPS receipts. He had them printed and assembled into three copies at Staples on Saturday.
The 3-Day Notice itself was defective on its face. It was unsigned. It bore no proof of service. It had been delivered in a single envelope with no certified mail receipt. California Code of Civil Procedure Section 1162 requires specific service procedures for a lawful 3-Day Notice. This one met none of them. A Huntington Beach Police Department officer who reviewed the document later told Michael: "Using the Berkshire Hathaway corporate seal on a document like this becomes counterfeiting — like printing your own money."
Michael arrived at the courthouse Monday morning without an attorney. Richard Rosiak was still listed as his counsel on the docket. Rosiak did not appear. At lunch during a 90-minute recess, Michael sat with a man who had brought a bag lunch — a quiet, professionally dressed man running multiple cases from the prosecution table that day. He showed him his bank records, the payment trail, Tran's texts, the Authentisign contract, and the "Hanson has the check" admission. The man was Clint — the wholesale attorney running all of Silverstein Evictions' docket cases that day. Clint had seen every piece of payment evidence over a shared lunch, confirmed it to his own satisfaction, and returned it without acting on it.
When the case eventually proceeded — weeks later, before a judge — Michael had been forced to represent himself. Rosiak's withdrawal letter had arrived in the mailbox on Friday, January 10, 2025, three days before the trial date of Monday, January 13, 2025. The $8,000 retainer had produced no motions, no discovery, no evidence filings, and no appearance. Rosiak's sole documented contribution to the case was driving the keys to his office when the Gasios vacated — a billing item.
Steven Silverstein, representing Tran, presented his case first. He had no mail receipt for the June check. He had no damage photographs. He had no independent inspection report. He had no payment ledger that could withstand scrutiny. He did have the court's patience and the procedural advantage of being a professional eviction attorney standing across from a 72-year-old retired educator representing himself pro se. Michael had been presenting his documented evidence for more than 30 minutes when Silverstein interrupted and announced he would be withdrawing the damages claim. It sounded generous. It was not. He had no damage photos. He had no receipts. Withdrawing the damages claim was not generosity. It was an attorney retreating from a position he could not defend.
Then the judge was shown Tran's own text message — "Hanson has the check." She asked Tran directly: "Did you write this?" Tran affirmed under oath: "Yes." He had also testified under oath that no rent payment had been received. Both statements were made in the same proceeding. They cannot both be true. That affirmation is perjury under California Penal Code Section 118. It requires no further investigation. It is in the court record.
The judge ruled against Michael. She excluded his email evidence — correspondence he had sent weeks earlier — on the grounds that he had printed it that morning. The mailing dates were embedded in the body of every email. Michael, who has a condition that affects his verbal expression under stress, lost his composure briefly at that ruling. A cardiac arrhythmia had been diagnosed by Dr. Brian Chesnie at Hoag Medical Group during the same period — the bottom chamber of his heart not firing every 10 to 12 beats under stress. A 10-day continuous heart monitor was prescribed. A beta-blocker was added. He had disclosed his medical condition to Tran in writing before the eviction. None of it mattered to the outcome.
Under California Rules of Professional Conduct, an attorney may not withdraw from representation on the eve of trial without court approval and without ensuring the client has adequate time to obtain new counsel. Rosiak's January 10, 2025 withdrawal letter — three business days before a Monday trial date — was procedurally improper regardless of any claimed justification. His stated reason — that reentry was "not legally permitted" — was confirmed false by independent research. Four Yelp reviewers documented the same pattern of abandonment with other clients. The State Bar enforcement proceeding is active. The $8,000 retainer produced no legal work product — not one motion, not one subpoena, not one deposition. Under PC §506, embezzlement by fiduciary occurs when a professional accepts funds for a service and renders none.
- CCP §1162 — Defective 3-Day Notice: unsigned, unserved, single-envelope delivery
- PC §115 — Filing false instrument: defective notice bearing BHHS corporate seal
- PC §470 — Counterfeiting: unauthorized use of corporate seal on legal document
- PC §118 — Perjury: Tran's courtroom affirmation contradicts "no payment" testimony
- PC §127 — Subornation of perjury: Silverstein permitted knowing false testimony
- PC §506 — Embezzlement by fiduciary: Rosiak, $8,000 retainer, no services
- BPC §6106 — Moral turpitude: Rosiak abandonment pattern
- Rule 3.3 — Candor to tribunal: Silverstein's obligations re: known false testimony
TOP-08 — Defective 3-Day Notice, unsigned | DisbarmentRosiak.html — Rosiak withdrawal, $8,000 retainer | RICO20 — Tran courtroom affirmation | 1062 — Hoag Medical Group, cardiac arrhythmia | 1070 — 10-day heart monitor, beta-blocker | 1034 — Medical disclosure to owner | Court record — Silverstein 200+ emails acknowledged in open court
The Gasios paid rent in full through the day they surrendered the keys. There was no gap in payment, no abandoned tenancy, no damage left behind. Michael had spent years maintaining a property the owner refused to repair. He had restored the front lawn after gardeners hired by Tran sprayed roundup on grass Michael had seeded himself — 10 bags of sand, four bags of compost, 20 pounds of seed — because the neighbor had told him nothing had grown there in years before they arrived. He had purchased and installed the dishwasher the owner was contractually obligated to provide. He had sealed the mold with the owner's permission because no contractor was coming. When they left, the carpet was clean. The floors were intact.
Within weeks of the eviction, 19235 Brynn Ct appeared on Airbnb under the host name "Vui" — identified as a seven-year host managing multiple Huntington Beach properties. The monthly rate was $7,786 — a 55 percent increase over the $5,350 the Gasios had been paying. The interior photographs showed vinyl plank flooring throughout, freshly painted baseboards, staged furniture, ceiling fans, and a fully renovated kitchen aesthetic. This was not the home the Gasios had left. It had been remodeled — capital improvements for commercial short-term rental use, not repairs for residential habitability. Short-term rental operations in Huntington Beach have been subject to local ordinance restrictions since 2022.
Simultaneously, Anna Ly transmitted a move-out clearance report and invoice totaling $20,980. The document was sent on August 22, 2024, from the email server of Dr. Phat Tran DMD Inc., 14411 Brookhurst Street, Garden Grove — Tran's dental practice — 17 months after Anna Ly had told the Gasios and a state housing investigator that she no longer worked for Phat Tran. The invoice was prepared by LY Construction — the same family entity whose contractor had left the electrical short unrepaired and the kitchen wall wet.
The largest single line item was $7,835 for carpet replacement, with the stated justification "dog pee bad smell." The Gasios' move-out photographs showed clean, uniformly gray polyester carpet with no staining, no discoloration, and no damage beyond normal traffic wear. Market rate for the carpet described — Believer Shadow Gray 14.6-ounce textured polyester — was $0.88 per square foot at Home Depot and Lowe's at the time of the invoice. For 950 square feet the replacement cost would have been $836. LY Construction billed $7,835 — a markup of more than 900 percent. No carpet was replaced. The Airbnb listing photographs show vinyl plank flooring — not carpet — throughout the property. The carpet charge was fabricated. The $20,980 invoice was fabricated. It was a mechanism to retain the Gasios' $5,000 security deposit, generate a deficiency judgment, and fund an Airbnb renovation at the outgoing tenant's expense.
Michael's bunk bed frame had been removed from the property by a person associated with Tran during the active tenancy in June 2024, before the Gasios had vacated. It was never placed in storage. It was never returned. Theft of property valued over $500 is grand theft under California Penal Code Section 487. Yulia Gasio lost her art studio — dedicated workspace she had maintained for professional artistic practice connected to her position at CSULB. After the eviction she located comparable studio space in Orange County at $790 per month. That cost — recurring, indefinite — was a direct financial consequence of the wrongful eviction.
Market rate for 950 sq ft of textured polyester carpet (Home Depot / Lowe's, August 2024): $836. LY Construction invoice amount: $7,835. Overcharge: $6,999. California's depreciation formula for carpet (5–10 year useful life, 24 months tenancy consumed): maximum lawful deduction $3,141. Overcharge beyond statutory limit: $4,694. Actual carpet installed: none — the Airbnb photographs show vinyl plank throughout. This is not an inflated bill. It is a fabricated bill for work that was never performed on an item that was replaced with something entirely different at a higher price point for Airbnb conversion. The evidence — move-out photographs showing intact carpet, Airbnb photographs showing vinyl plank, and the 900%+ markup — makes this one of the most provable counts in the case.
- CC §1950.5 — No pre-move-out inspection offered or conducted
- CC §1950.5(l) — Wrongful deposit retention: mandatory 2x penalty
- CC §1942.5 — Retaliatory eviction for commercial profit (Airbnb conversion)
- PC §487 — Grand theft: bunk bed removed during active tenancy
- PC §496 — Receipt of stolen property
- BPC §17200 — Unfair business practices: fraudulent invoice
- Gov Code §6201 — Anna Ly false statement to state officer re: ongoing agency
1088 — Airbnb listing, host "Vui," $7,786/month | 1089 — Carpet condition photos, market price $836 | 1090 — Depreciation analysis, $3,141 maximum | 1087 — LY Construction invoice, $7,835 | nowork.html — Anna Ly dental office email August 22, 2024 | annafraud3.html — $20,980 invoice detail | vui.html — Airbnb host profile | 1099 — Move-out carpet condition | 1091 — Remodel gallery post-eviction
From the day the 3-Day Notice arrived, Michael Gasio did not go quiet. He documented, reported, and escalated through every available channel — local, state, and federal — with the same discipline he had applied to 30 years of institutional administration. The record of those efforts is itself a document.
The Huntington Beach Police Department received 169 documented communications over the course of the dispute. Michael submitted a formal criminal complaint package on July 3, 2025 — "Wire and Mail Fraud Series Vol. I through III" — 162 pages of evidence delivered physically to the department. Lt. Shawn Randell responded by email: "Bring it in — I will assign it to a detective." The evidence was brought in. A detective reviewed 162 pages. The finding was that no crimes had occurred. The evidence was discarded. Neither Michael nor Yulia was ever interviewed. Yulia had returned from her annual summer teaching engagement in Europe and was available for interview. Randell had offered to send someone to speak with her. No one came.
On February 18, 2026, the department issued Disposition Letter AI 26-0003, signed by Assistant Chief Oscar Garcia and Sergeant Trent Tunstall of the Professional Standards Unit. The letter bore no subject line, no case number in the body, no identified employee name, and no description of the specific allegations reviewed. It classified the complaint as "UNFOUNDED." California Welfare and Institutions Code Section 15630 requires law enforcement agencies to report known or suspected elder financial abuse. The documented conduct — financial fraud targeting a 72-year-old tenant, resulting in cardiac events and forced displacement — satisfies every element of elder financial abuse under Welfare and Institutions Code Section 15610.30. The HBPD's failure to investigate or report may itself constitute a mandatory reporting violation. Lt. Randell made three specific commitments in writing that were not honored. That record was formalized in a demand letter addressed directly to Chief Eric G. Parra.
The California Department of Real Estate received a sworn complaint filed by Yulia Gasio on June 12, 2024, regarding Anna Ly's conduct. The complaint was assigned Case No. 1-24-0513-010 to Real Estate Special Investigator Tom Nguyen in the Los Angeles Enforcement Office. The complaint remains active. Investigator Nguyen's own prior DRE disciplinary history — Accusation H-40694 LA, July 2017 — was identified and addressed in a formal demand letter to DRE Supervising Special Investigator Jerusha White, requesting reassignment of the investigation.
The California State Bar received a formal disciplinary referral regarding Richard Rosiak. A State Bar investigator accessed gasiomirror.com, downloaded all available images, and confirmed the matter had been sent to enforcement. The disciplinary proceeding is active. The Federal Trade Commission received a formal fraud report on November 30, 2025 — Report No. 194449713 — documenting the coordinated scheme. The FBI Internet Crime Complaint Center received a parallel filing in December 2025. The United States Postal Inspection Service received a complaint regarding the missing June cashier's check. The Orange County District Attorney's Real Estate Fraud Unit received an initial submission that was declined in March 2026 on jurisdictional grounds — without disputing the evidence on its merits. This document accompanies a resubmission to that office filed simultaneously on March 31, 2026.
The pattern of agency non-response is not coincidental. Each agency received the same evidence package and, with the exception of the State Bar and DRE, declined to engage substantively. The OC DA declined on jurisdictional grounds without disputing any fact. HBPD issued a content-free "UNFOUNDED" letter without interviewing either named victim. The USPS Postal Inspection Service administratively closed the complaint after its tracking reference aged out — without conducting a merits review of a documented mail fraud complaint involving a cashier's check signed for by a named agent who subsequently invoked the Fifth Amendment. These outcomes, taken together, support the argument that the scheme operated effectively precisely because each individual agency could claim jurisdiction or procedural grounds for non-action, while the composite fraud escaped accountability through the gaps between jurisdictions.
AI 26-0003 — HBPD Disposition Letter February 18, 2026 | Cheifofpolice.html — Criminal complaint to Chief Parra | 1017 — DRE complaint #1-24-0513-010 | DisbarmentRosiak.html — State Bar enforcement | ftc.html — FTC Report #194449713 | ic3.html — IC3 filing December 2025
The financial damage to the Gasio family is documented to the dollar. It is not estimated. It is not projected. Every figure in the following accounting is supported by a bank record, a signed contract, a court order, a vendor receipt, or a defendant's own written admission. The total documented fraudulent extraction is $87,530 before medical damages, before elder abuse enhancements, and before the ongoing financial consequences of wrongful displacement.
| Payment Item | Amount | What Happened | Statute |
|---|---|---|---|
| Month 25 — April 19 wire, Conf. #OW00004382456864 | $5,000 | Received — denied under oath in court | 18 USC §1344, PC §118 |
| Month 26 — June check, USPS signed "H," memo "Payment 26 of 37" | $5,350 | Received by Le — never deposited or returned — denied in court | 18 USC §1341, PC §503 |
| Month 26 — Off-contract extortion payment, night of 3-Day Notice | $5,350 | Paid under threat of eviction — never refunded or credited | PC §518, 18 USC §1951 |
| Month 27 — July check, held 3+ days, e-deposit taken | $5,350 | Electronic funds retained — claimed "returned by mail" — untracked | 18 USC §1344 |
| Court-ordered duplicate July payment on false testimony | $5,350 | Paid twice — court order obtained through perjury | PC §118 |
| Security deposit held by Silverstein | $5,000+ | Never returned — no walkthrough — no receipts — CC §1950.5 violated | CC §1950.5 |
| Statutory 2x deposit penalty (mandatory) | $10,000 | Mandatory under CC §1950.5(l) for wrongful withholding | CC §1950.5(l) |
| LY Construction fabricated invoice | $20,980 | No damage, no inspection, family entity, Airbnb renovation | CC §1950.5, PC §532 |
| Rosiak retainer — no trial services rendered | $8,000 | Abandoned 3 days before trial — keys driven to office only | PC §506, BPC §6106 |
| Unlawful rent increase — gardener removal 24 months | $16,800 | $700/month disguised increase — 14% above AB 1482 cap | AB 1482, CC §827 |
| TOTAL DOCUMENTED | $87,530+ | Before medical, elder abuse enhancement, punitive, studio costs, displacement | |
Beyond the documented extraction, the Gasio family sustained losses that do not reduce to simple arithmetic. Yulia Gasio lost her dedicated art studio — professional workspace connected to her academic position at CSULB, replaced at $790 per month at a commercial studio in Orange County. The family lost 25 percent of their living square footage in displacement to a smaller home in a tightened rental market. Michael Gasio sustained documented cardiac injury — a diagnosed arrhythmia, a 10-day continuous heart monitor, a prescribed beta-blocker, and 20 weeks of psychological services at Octave Behavioral Health — all concurrent with and caused by the eviction proceedings.
Under California Welfare and Institutions Code Section 15657, physical harm caused by elder financial abuse entitles the victim to recovery of attorney fees and costs, as well as punitive damages — mandatory when physical harm is proven. Under California Civil Code Section 3345, civil penalties assessed against a defendant for conduct targeting a person over 65 are subject to trebling. Under 18 United States Code Section 1964, a civil RICO action entitles the prevailing plaintiff to treble damages plus attorney fees. Applied to $87,530 in documented extraction, treble damages alone produce $262,590 before medical damages, punitive awards, attorney fees, studio costs, displacement costs, and the ongoing Airbnb profit Tran has been generating from the home he obtained by lying to a judge.
A licensed dentist with multiple Orange County properties, including a residence at 20012 Sand Dune Lane estimated at $3.8 million, transferred to Smart Invest HB LLC in October 2025 during active litigation — a textbook fraudulent conveyance under CC §3439.04. Public recorder records show 328 entries tied to Tran and associated entities. He carried multiple variable-rate loans in a rising interest environment, making the $5,350/month Airbnb conversion — a 55% increase over the protected tenancy rate — a direct financial motive. He initialed the lease clause directing rent to Le's personal account, texted confirmation of receiving the June payment, then testified under oath that no payment had been received. Both of those statements were made in the same proceeding. One of them is perjury. The text is in the court record.
Tran's daughter, operating under an expired DBA from a residential address without a city business license or registered branch office. She listed the property with false amenities. She altered a DocuSign lease after execution to insert unauthorized payment terms (T95 — metadata confirms "Auto Responded — Correct to fix email address errors" dated April 22, 2022 — forgery under PC §470). She told a state housing investigator she had never sent any lease extensions — the DocuSign audit trail proves this false. She told the Gasios she no longer worked for her father in March 2023 — then transmitted a $20,980 invoice from his dental office server in August 2024. As CEO of AP Silk Arts, Inc., with Tran as Registered Agent at his own home address, her purported independence was structurally impossible.
Introduced by Tran after the Year 3 lease was already agreed, specifically to control the payment channel. He executed a DocuSign lease on BHHS's corporate platform, using BHHS's corporate email, directing rent to his personal Wells Fargo account — account number 3312942937 — in violation of BPC §10138. He received the June rent check. USPS tracking confirms delivery. His signature — "H." — is on the receipt. He held it. He invoked his Fifth Amendment right to remain silent when HBPD officers asked what had happened to it. His supervising Designated Officer Dennis Rosas responded to notification of Le's conduct by saying: "Call Hanson — he is moonlighting. They all do it." BHHS corporate headquarters in Omaha was notified by certified mail. No response.
He received all of Michael Gasio's documentary evidence on the day the 3-Day Notice was served, at the email address printed on the notice itself. He received it again in 200+ emails over the following months — acknowledged in open court. He placed a copy in his physical file. He went to court and argued non-payment. He permitted his client to testify that no rent had been received while the evidence disproving that testimony sat in his file. He approached Michael in the courthouse hallway — twice — and demanded payment under threat of eviction: that is extortion under PC §518. He acknowledged 200 emails of evidence in open court. He is an attorney. He knew what the evidence meant. Rule 3.3 of the California Rules of Professional Conduct requires candor to the tribunal. He proceeded anyway.
Took $8,000 to represent Michael Gasio at trial. Filed nothing. Appeared nowhere that mattered. Withdrew three days before the hearing by letter left in a mailbox. Billed for driving a set of keys to his office. His stated reason for not pursuing a reentry defense — that reentry was "not legally permitted" — was independently verified as false. Four independent Yelp reviewers documented the same pattern of abandonment with other clients. The California State Bar investigator who reviewed gasiomirror.com sent the matter to enforcement without requesting a follow-up interview.
What they were all counting on was straightforward: a 72-year-old man who had just lost his home, whose attorney had abandoned him three days before trial, whose wife was the family's only income, whose cardiac monitor was recording arrhythmias under stress — to give up. They were counting on the volume of the evidence being too overwhelming for a pro se litigant to present coherently. They were counting on the agencies to move slowly, the police to find no crimes, the DA to decline on jurisdiction, and the whole thing to quietly go away while the Airbnb generated $7,786 a month and the invoice consumed the deposit. They were counting on the system working the way it usually works when one side has lawyers and the other side has a binder from Staples. They miscounted.
Michael and Yulia Gasio are not asking for sympathy. They are asking for accountability — the same accountability the law promises every tenant, every elder, every person who pays their rent on time and tells the truth in court. What happened at 19235 Brynn Ct was not a landlord-tenant dispute that got out of hand. It was a coordinated scheme, planned and executed by licensed professionals who understood California tenant protections well enough to construct a method of evading them, carried out against a medically vulnerable 72-year-old man and his family, in a housing market where displacement is devastating, before a court that did not look closely enough at the evidence in front of it.
The specific remedies sought are these: Criminal investigation and prosecution of Dr. Phat Ky Tran for perjury (PC §118), extortion (PC §518), bank fraud (18 USC §1344), mail fraud (18 USC §1341), and elder financial abuse (WIC §15610.30). Criminal investigation and prosecution of Hanson Le for embezzlement (PC §503), grand theft (PC §487), and wire fraud (18 USC §1343). Criminal investigation and referral of Steven D. Silverstein to the State Bar and relevant prosecutorial authorities for extortion (PC §518), subornation of perjury (PC §127), and mail fraud (18 USC §1341). Regulatory enforcement against Anna Ly through the DRE — Case No. 1-24-0513-010 is already active — for forgery, false statements to a state investigator, and security deposit fraud.
Full accounting and return of all funds wrongfully extracted — $87,530 documented — plus statutory penalties, elder abuse enhancements, medical damages, and attorney fees. A motion to vacate the Superior Court judgment, which was obtained through perjured testimony, excluded documentary evidence, and the deliberate absence of the primary payment witness — Hanson Le — who invoked his Fifth Amendment right rather than testify. And a formal demand that the Huntington Beach Police Department account for the physical evidence submitted on July 3, 2025, identify the detective who reviewed 162 pages and found no crimes, and answer in writing whether the criminal complaint was ever referred to the FBI, the United States Attorney, or the USPS Postal Inspection Service as formally requested in two letters addressed directly to Chief Eric G. Parra.
Beyond this family, the case matters because the mechanism that was used against the Gasios is not unique to them. A licensed real estate agent directing rent to a personal account rather than a broker trust account is a structural fraud that can be replicated at any property managed through any brokerage whose Designated Officer is content to say "they all do it." A landlord who holds a payment past the three-day banking rule, claims to return it untracked, and presents a clean ledger to a judge can do that to any tenant whose attorney withdraws three days before trial. The Airbnb conversion of rent-controlled residential housing, funded by fraudulent damage invoices billed to the outgoing tenant, is precisely the profit model that has driven wrongful evictions across California for years. The Gasios documented it. They documented all of it.
Michael Gasio is a retired educator who spent 30 years watching over other people's children and another 16 years watching over other people's money. He knows what fraud looks like from the inside. He did not get protection from the systems that were supposed to provide it. He is asking for it now, through this document, from anyone with the authority and the will to read it carefully and act. The evidence is real. The harm is documented. The defendants' own words prove the case. The only thing left is a decision.
The question that remains is not whether the evidence exists. The question is whether anyone with the authority to act on it will.
All exhibits are accessible at gasiomirror.com/time/Index.html unless otherwise noted. File names link directly to source documents. Brief descriptions are provided for investigator reference.
| Statute | Description | Applied To | Max Exposure |
|---|---|---|---|
| 18 USC §1341 | Mail Fraud | Tran, Le, Silverstein | 20 yrs/count |
| 18 USC §1343 | Wire Fraud | Tran, Le, Anna Ly | 20 yrs/count |
| 18 USC §1344 | Bank Fraud | Tran | 30 yrs/count |
| 18 USC §1349 | Conspiracy to commit fraud | Tran, Le, Anna Ly, Silverstein | 20 yrs/count |
| 18 USC §1951 | Hobbs Act Extortion | Tran, Silverstein | 20 yrs/count |
| 18 USC §1962(c) | RICO Enterprise | All principals | 20 yrs/count |
| 18 USC §1964 | Civil RICO — treble damages + attorney fees | Civil claim | — |
| PC §118 | Perjury | Tran | 4 years |
| PC §127 | Subornation of Perjury | Silverstein | 4 years |
| PC §115 | Filing false document | Tran, Le | 8 years |
| PC §470 | Forgery | Le, Anna Ly | 3 years |
| PC §503 | Embezzlement | Le | Felony |
| PC §487 | Grand Theft | Le, Vui | Felony |
| PC §518 | Extortion | Tran, Silverstein | 4 years |
| PC §368 | Elder Abuse | Tran | 4–5 years |
| PC §506 | Embezzlement by fiduciary | Rosiak | Felony |
| WIC §15610.30 | Elder Financial Abuse definition | Tran | — |
| WIC §15657 | Physical harm enhancement — mandatory atty fees + punitive | Tran | — |
| WIC §15630 | Mandatory elder abuse reporting by law enforcement | HBPD concern | — |
| CC §1942.5 | Retaliatory Eviction | Tran | $25,000+ |
| CC §1950.5(l) | 2x deposit penalty for wrongful withholding | Tran | — |
| CC §3345 | Treble damages — elder victim | Civil claim | — |
| AB 1482 | Tenant Protection Act — rent cap 5% + CPI or 10% | Tran | — |
| BPC §10138 | Trust account requirement | Le, BHHS | — |
| BPC §10176(a) | Licensee misconduct | Le, Anna Ly | — |
| BPC §10177(d) | Failure to supervise | BHHS, Rosas | — |
| BPC §17500 | False advertising | Anna Ly | — |
| Gov Code §6201 | False statement to state officer | Anna Ly | — |
| HSC §17920.3 | Substandard housing — mold | Tran | — |
Complete exhibit catalog available at gasiomirror.com/time/Index.html · Evidence Portal: gasiomirror.com · Google Drive archive: 5,000+ source documents available to verified investigators upon request · gasio77@yahoo.com · 559-287-9955
The evidence portal at gasiomirror.com contains 1,400+ indexed exhibits organized across /DeepLibrary/, /DA Package/, /visual/, /time/, /emails/, and other directories. A trace pixel on every page collects visit data beyond Hostinger's server logs. The California State Bar investigator accessed the portal from an Irvine IP address and downloaded all images before moving the matter to enforcement. Physical evidence binders were delivered to the OC DA's office at 300 N. Flower St., Santa Ana and must be retrieved before mid-April 2026.