Privileged Legal Strategy Document · For Investigative & Enforcement Use

GASIO v. TRAN et al.

OC Superior Court No. 30-2024-01410991-CL-UD-CJC · March 31, 2026
$87,530Documented Extraction
$262K+Treble Damages Floor
1,400+Indexed Exhibits
6Agency Filings Active
5DefendantsNamed + Documented
30+Federal Predicates
Every fact herein is proven · No allegation without a document
Part I
The Defendants: Who They Are and What They Did

This was not a landlord-tenant dispute that escalated. It was a coordinated scheme executed by licensed professionals — a dentist-landlord, his daughter-broker, a rogue real estate agent, an eviction attorney, and a negligent trial counsel — each playing a defined role against a medically vulnerable 72-year-old retired educator. Every defendant is identified below with their license number, their precise role in the scheme, and the statutes they violated.

Dr. Phat Ky Tran
OC Dental Implant Center · 14411 Brookhurst St, Garden Grove · 328 OC Recorder Entries
  • Perjury — testified "no rent received" while texting "Hanson has the check" (PC §118)
  • Extortion — "Put money in my account or I'll kick you out" (PC §518)
  • Bank fraud — held July eCheck past 3-day rule, claimed return by untracked mail (18 USC §1344)
  • Mail fraud — June cashier's check received, never deposited or returned (18 USC §1341)
  • Elder financial abuse — targeted 72-year-old, causing cardiac injury (WIC §15610.30)
  • Retaliatory eviction — Airbnb conversion = 55% rent increase after protected tenancy (CC §1942.5)
Anna Ly / Tran
DRE License #01894348 · Sun Realty & Management (expired DBA) · 1532 Orchard Dr, Newport Beach · Tran's daughter
  • False advertising — ocean view, in-unit laundry, new carpet: none present (BPC §17500)
  • DocuSign forgery — inserted unauthorized payment clause post-execution (PC §470)
  • False statement to state investigator — denied sending lease extension the audit trail proves she sent (Gov Code §6201)
  • Fabricated $20,980 invoice — sent 17 months after claiming to be "no longer working" for Tran (BPC §17200)
  • Unlicensed operations — no city business license, no registered branch office (BPC §10162)
Hanson Le
DRE License #01358448 · BHHS California Properties · hansonle@bhhsCAprops.com
  • Directed rent to personal Wells Fargo acct #3312942937 — not a broker trust account (BPC §10138)
  • Received June cashier's check — invoked Fifth Amendment when HBPD asked about it (PC §503)
  • Wire fraud — executed Authentisign lease on BHHS corporate servers, corporate email (18 USC §1343)
  • Grand theft — removed tenant property during active tenancy (PC §487)
  • Moonlighting confirmed by BHHS Designated Officer Dennis Rosas: "They all do it."
Steven D. Silverstein
Silverstein Evictions · Tustin, CA · Bar No. [Active]
  • Filed non-payment claim while 200+ emails of payment evidence sat in his file
  • Subornation of perjury — permitted client to testify no rent received (PC §127)
  • Hallway extortion — twice demanded payment under threat of eviction (PC §518)
  • Defective 3-Day Notice — unsigned, no proof of service, invalid under CCP §1162
  • Candor to tribunal violation — Rule 3.3, State Bar Rules of Professional Conduct
Richard Rosiak
CA State Bar · Active Disciplinary Proceeding
  • Withdrew via letter arriving Friday, Jan. 10, 2025 — 3 days before Monday trial
  • $8,000 retainer — zero motions, zero discovery, zero evidence filings, zero appearances
  • Sole documented service: driving keys to office (billed)
  • Embezzlement by fiduciary (PC §506) · Moral turpitude (BPC §6106)
  • Four independent Yelp reviewers documented same abandonment pattern
BHHS / Springdale Marina Inc.
DRE License #01208606 · Designated Officer: Dennis Rosas · President: Martha Mosier (notified by certified mail)
  • Vicarious liability — Le acted on corporate email, corporate platform, corporate brand
  • Failure to supervise — Rosas acknowledged moonlighting, took no action (BPC §10177d)
  • Agent knowledge imputed to principal (CC §2332)
  • Mosier notified at Omaha HQ by certified mail — no response
Part II
How the Scheme Worked: A Mechanical Analysis

The scheme operated in three phases. Each phase was planned. Each phase exploited a specific vulnerability. Each phase is documented in the defendants' own words.

Phase 1 — Fraudulent Inducement (Spring 2022)

Anna Ly listed 19235 Brynn Ct with materially false amenities: ocean view, in-unit washer/dryer, new carpet. None were present. The Gasios — needing housing in two weeks after Yulia's CSULB salary negotiation — were placed in a take-it-or-leave-it position. After they walked away over the missing pet addendum, Anna Ly called back with a $1,000 add-on. They had exhausted alternatives. They accepted. This is the textbook definition of fraudulent inducement under Civil Code §1710. The Gasios disclosed net worth exceeding $2.5M and disclosed two 100-lb dogs from first contact. Both facts were used against them — the assets as a collection target; the dogs as the pretext for the unauthorized deposit surcharge.

Phase 2 — Payment Diversion (April–July 2024)

"Mr. Gasio, here is your receipt for paying the June rent early to Berkshire and Hanson Le. He got it."
— Dr. Phat Tran, text message · Later testified under oath: "No rent payment was received."

The mechanical heart of the fraud was a single clause buried in the April 26, 2024 Authentisign lease: rent redirected to Hanson Le's personal Wells Fargo account #3312942937 — not a broker trust account, not an escrow account, not any account visible to a court. Tran's initials appear beside that clause. He read it. He approved it. When Tran subsequently presented a clean ledger to the court, the ledger was clean by design. The contract he had initialed ensured the money would never reach a traceable account.

Anchoring Evidence Exhibit 1036 — Owner-initialed payment clause, Le personal acct #3312942937
Exhibit 1037 — Authentisign DocuSign transmission #46CC8725-F703-EF11-96F5-6045BDD68161
Exhibit 1041 — BHHS corporate email confirmation, April 28, 2024 5:36 PM PDT
TOP-01 — Wells Fargo wire, Conf. #OW00004382456864 · TOP-02 — "Hanson has the check" admission
RICO101 — Rosas "moonlighting — they all do it" · m17.png — USPS delivery proof, signature "H."

Phase 3 — Eviction by Perjury (June 2024 – April 2025)

The 3-Day Notice was defective on its face: unsigned, without proof of service, delivered in a single envelope. A HBPD officer reviewing it noted: "Using the Berkshire Hathaway corporate seal on a document like this becomes counterfeiting — like printing your own money." Tran went to court and testified no rent had been received. His own text messages proving otherwise were in the record. He affirmed those texts under oath. Both statements cannot be true. That affirmation is self-proving perjury under PC §118 — it requires no further investigation. It is already in the court transcript. The defense attorney who had withdrawn three days before trial ensured Michael appeared pro se against a professional eviction firm. His documentary evidence was excluded on a technicality. The court accepted a version of events contradicted by bank records, USPS logs, and the defendant's own words.

Part III
Chronology of the Scheme
May 1, 2022 — Move-In Day
Black mold photographed at 11:39 a.m., never remediated
Anna Ly to new tenants: "Move out by noon." HSC §17920.3 violation documented on Day 1.
April 21, 2022
Original CAR lease signed — rent due 1st of month, payable by check to Tran's address
Within weeks, Tran verbally changed terms: due 20th, wired to his personal account, unauthorized $30 fee. No written notice. CC §827 violated.
March 29, 2023
Michael objects in writing: "You cannot change contract on your own."
Tran ignores written protest, continues threatening $500 credit damage per late payment. PC §518 extortion pattern established.
March 18, 2023
Anna Ly: "I no longer work for Phat Tran — call him directly."
She continues sending DocuSign documents, coordinating lease administration, and 17 months later transmits $20,980 invoice from Tran's dental office email server.
April 2, 2024
Tran texts: "Please do not think we're looking new lessee."
Written confirmation of Year 3 tenancy — 17 days before first Year 3 payment. Destroys "no valid lease" defense.
April 19, 2024
$5,000 wire transfer sent — Conf. #OW00004382456864. Memo: "New lease 24 one payment at 5000."
Month 25 of continuous tenancy. Tran told the court it never existed. 18 USC §1344.
April 26–28, 2024
Authentisign lease executed — rent redirected to Le's personal account
Tran's initials beside the diversion clause. BHHS corporate email. Interstate wire. Federal instrument. BPC §10138 trust account requirement violated.
May 28–30, 2024
June cashier's check ($5,350) mailed via USPS certified to BHHS — signed "H." by Hanson Le
Tran texts: "Hanson has the check." Check never deposited, never returned. Le invokes Fifth Amendment when questioned by HBPD. 18 USC §1341 mail fraud.
June 2024
3-Day Notice arrives Friday evening — defective, unsigned, no proof of service
Michael organizes three full evidence binders over the weekend. Court date: Monday. No attorney. CCP §1162 requirements unmet.
January 10, 2025
Rosiak's withdrawal letter arrives in mailbox — Friday
Trial date: Monday, January 13. $8,000 retainer. Zero filings. Three days notice. PC §506. Active State Bar disciplinary proceeding.
January 13, 2025 — Trial
Tran affirms under oath the text message proving he knew rent was received — while having also testified no rent was received
Self-proving perjury in the court record. Email evidence excluded on technicality. Judge rules against Michael. Cardiac arrhythmia documented concurrent with proceedings.
August 22, 2024
Anna Ly transmits $20,980 LY Construction invoice from Tran's dental office email
17 months after claiming she no longer works for Tran. Carpet billed at $7,835 — market rate was $836. No carpet was replaced — Airbnb shows vinyl plank throughout.
Post-Eviction 2024–2025
19235 Brynn Ct listed on Airbnb by host "Vui" at $7,786/month — 55% increase over protected tenancy rate
Vinyl plank flooring, staged furniture, renovated kitchen. Capital improvements billed to outgoing tenants as "damage." HB STR ordinance restrictions apply since 2022.
February 18, 2026
HBPD issues Disposition Letter AI 26-0003 — "UNFOUNDED"
No case number in body. No subject line. No employee named. No victim interview. Yulia available and never contacted. 162 pages of evidence reviewed — no crimes found. WIC §15630 mandatory reporting concern.
March 31, 2026
This document filed simultaneously to OC DA, FBI, FTC, USPS Postal Inspection, State Bar, DRE
All defendants copied. All prior agency communications cross-copied. Evidence portal gasiomirror.com: 1,400+ indexed exhibits publicly accessible.
Part IV
Four Payments. Four Disappearances. All Documented.

Between April and July 2024, the Gasios made four rent payments totaling more than $21,000. Not one was credited to their account. Not one was acknowledged in court. Each disappeared through a different mechanism. Each is documented in the defendants' own words or records.

Payment Amount Method What Happened Federal Predicate
Month 25 — April 19, 2024 $5,000 Wells Fargo wire · Conf. #OW00004382456864 Received and retained — denied under oath in court 18 USC §1344 Bank Fraud · PC §118 Perjury
Month 26 — May 28, 2024 $5,350 USPS certified cashier's check to BHHS · Signed "H." by Le Received by Le — never deposited, never returned, never credited · Le invokes 5th 18 USC §1341 Mail Fraud · PC §503 Embezzlement
Month 26 — Extortion Payment (same night as 3-Day Notice) $5,350 Off-contract wire to Tran personal account under threat Paid under direct threat of eviction — never refunded, never credited PC §518 Extortion · 18 USC §1951 Hobbs Act
Month 27 — July 2024 $5,350 eCheck — electronic funds deposited by Tran Tran held e-deposit past 3-day rule, claimed to return by untracked mail — no proof. Recharacterized as "late June" in court to erase June from the record. 18 USC §1344 Bank Fraud · PC §118 Perjury
Court-ordered duplicate July payment $5,350 Court order obtained on perjured testimony Paid twice on false testimony — judgment obtained by fraud on the court PC §118 · CCP §473 Motion to Vacate
Total Diverted Payments (documented, pre-statutory penalties) $26,400
Part V
The Full Accounting: $87,530 Documented, $262,590+ Statutory Floor

Every figure below is supported by a bank record, signed contract, court order, vendor receipt, or the defendants' own written admissions. This is not an estimate. This is a ledger.

Item Amount Mechanism Statute
Month 25 wire — denied in court under oath$5,000Received, retained, perjured18 USC §1344, PC §118
Month 26 June check — received by Le, concealed$5,350Mail fraud, embezzlement18 USC §1341, PC §503
Month 26 extortion payment, same night as 3-Day Notice$5,350Extorted under threat of evictionPC §518, 18 USC §1951
Month 27 July eCheck — e-deposit retained, return unverified$5,350Bank fraud, false return claim18 USC §1344
Court-ordered duplicate July payment on false testimony$5,350Judgment by perjuryPC §118, CCP §473
Security deposit — no walkthrough, no receipts, wrongfully retained$5,000+No pre-move-out inspection offeredCC §1950.5
CC §1950.5(l) statutory 2× deposit penalty for wrongful withholding$10,000Mandatory civil penaltyCC §1950.5(l)
LY Construction fabricated invoice — carpet never replaced, vinyl installed$20,980No inspection, family entity, 900%+ markupCC §1950.5, PC §532
Rosiak retainer — zero trial services rendered$8,000Abandoned 3 days before trialPC §506, BPC §6106
Unlawful rent increase — $700/month disguised for 24 months (gardener removal)$16,80014% above AB 1482 cap, no written noticeAB 1482, CC §827
Dishwasher tenant purchase — owner's contractual obligation, never reimbursed$1,011.52Order #WM68385688, May 16, 2024CC §1941.1, CC §1943
Total Documented Extraction (pre-enhancement)$87,530+
Documented Base
$87,530
Supported by bank records, receipts, signed contracts, defendant admissions
Civil RICO Treble (18 USC §1964)
$262,590
Statutory floor before medical damages, elder abuse enhancement, punitive, attorney fees, studio costs, displacement
CC §3345 Elder Treble Enhancement
Mandatory on civil penalties assessed against a defendant for conduct targeting a person over 65
WIC §15657 Physical Harm
+Fees + Punitive
Mandatory attorney fees and punitive damages when physical harm from elder financial abuse is proven. Cardiac arrhythmia, 10-day monitor, beta-blocker, 20 weeks psychological services documented.
Part VI
Federal Criminal Exposure: Statute-by-Statute
Statute Offense Exposure Defendant(s) Anchoring Proof
18 USC §1341 Mail Fraud — USPS cashier's check received, concealed, never returned 20 yrs / count Tran, Le, Silverstein USPS tracking, "H." signature, "Hanson has the check" text
18 USC §1343 Wire Fraud — Authentisign lease transmitted over interstate servers with fraudulent payment clause 20 yrs / count Tran, Le, Anna Ly Exhibit 1037, 1041 — BHHS corporate email, April 28, 2024 5:36 PM
18 USC §1344 Bank Fraud — July eCheck held past 3-day rule; return claimed by untracked mail; electronic deposit retained 30 yrs / count Tran TOP-03, bank records, Tran's own text: "Both Hanson and myself are in a lot of trouble."
18 USC §1349 Conspiracy to Commit Fraud — coordinated scheme across multiple actors, roles, and transactions 20 yrs Tran, Le, Anna Ly, Silverstein RICO46ab timeline, Phat/Thao Tran/Le network (43 relatives, 29 associates)
18 USC §1951 Hobbs Act Extortion — obtained property under color of fear of economic harm 20 yrs Tran, Silverstein "Put money in my account or I'll kick you out." TOP-06. Courthouse hallway demand.
18 USC §1962(c) RICO — enterprise consisting of associated-in-fact persons conducting pattern of racketeering 20 yrs + forfeiture All principals breifing.html — DOJ-standard RICO brief; 7 predicate counts; enterprise network map
18 USC §1028A Aggravated Identity Theft — use of BHHS corporate identity and seal to advance fraudulent scheme +2 yrs mandatory consecutive Le, Anna Ly BHHS corporate email, Authentisign platform, BHHS seal on defective 3-Day Notice
Part VII
California Criminal Charges: By Defendant
Statute Charge Exposure Defendant
PC §118Perjury — "No rent received" + "Yes, I wrote that text" in same proceeding4 yearsTran
PC §127Subornation of Perjury — permitted client's perjured testimony while holding contradicting evidence4 yearsSilverstein
PC §115Filing False Document in Court — false ledger, defective Notice filed as valid8 yearsTran, Le
PC §470Forgery — DocuSign post-execution alteration inserting unauthorized payment clause3 yearsLe, Anna Ly
PC §503Embezzlement — agent received funds, converted for unauthorized useFelonyLe
PC §487Grand Theft — bunk bed removed during active tenancy, freight received and not returnedFelonyLe / Vui
PC §518Extortion — "Pay or I'll kick you out" + courthouse hallway demands4 yearsTran, Silverstein
PC §368Elder Abuse — financial scheme targeting 72-year-old, causing documented cardiac injury4–5 yearsTran
PC §506Embezzlement by Fiduciary — $8,000 retainer, zero services, pre-trial abandonmentFelonyRosiak
CC §1942.5Retaliatory Eviction — Airbnb conversion at 55% markup within weeks of displacement$25,000+ civilTran
WIC §15610.30Elder Financial Abuse — all elements satisfied; physical harm documentedCivil + criminalTran (primary)
WIC §15630Mandatory Reporting Violation — HBPD failure to report known elder financial abuseAgency accountabilityHBPD
Part VIII
Agency Filings: Status Board
CA State Bar
ACTIVE — ENFORCEMENT

Formal disciplinary proceeding against Rosiak. State Bar investigator accessed gasiomirror.com, downloaded all images, sent matter to enforcement without requesting follow-up interview.

Target: Richard Rosiak
CA Dept. of Real Estate
ACTIVE

Complaint No. 1-24-0513-010. Filed June 12, 2024 by Yulia Gasio. Assigned to Investigator Tom Nguyen, LA Enforcement Office. Eviction filed within 180 days — retaliatory presumption triggered under CC §1942.5.

Target: Anna Ly · DRE #01894348
FBI — LA Field Office
FILED

Referral letter to Special Agent H. Nguyen, hnguyen2@fbi.gov. Federal predicates: 18 USC §§1341, 1343, 1344, 1349, 1951, 1962(c), 1028A. IC3 cross-filed December 2025.

IC3 Filing: December 2025
Federal Trade Commission
FILED

Report No. 194449713. Filed November 30, 2025. Multi-actor real estate fraud. Now resident in FTC Consumer Sentinel Network for law enforcement review.

FTC Report #194449713
OC District Attorney
RESUBMITTED — MARCH 31, 2026

Initial submission declined March 2026 on jurisdictional grounds — without disputing evidence on the merits. This document accompanies a resubmission simultaneously filed March 31, 2026.

Real Estate Fraud Unit · 300 N. Flower St., Santa Ana
HBPD — Internal Affairs
AI 26-0003 — "UNFOUNDED"

162-page evidence package reviewed. Neither victim interviewed. Disposition: UNFOUNDED, Feb. 18, 2026. No case number. No employee identified. Two letters to Chief Parra: no response. WIC §15630 mandatory reporting concern raised formally.

AI 26-0003 · Sgt. Tunstall / A/C Garcia
USPS Postal Inspection
ADMINISTRATIVELY CLOSED

Complaint filed timely re: missing June cashier's check. Tracking reference aged out of system before follow-up. Closed without merits review. Resubmission requested.

Missing instrument: $5,350 cashier's check
OC Superior Court
VACATUR MOTION PENDING

Judgment obtained through perjured testimony, excluded documentary evidence, and the deliberate absence of Hanson Le — who invoked Fifth Amendment rather than testify. CCP §473 motion to vacate prepared.

Case No. 30-2024-01410991-CL-UD-CJC
Part IX
Formal Demands for Relief
01
Criminal investigation and prosecution of Dr. Phat Ky Tran for perjury, extortion, bank fraud, mail fraud, and elder financial abuse.
PC §118 · PC §518 · 18 USC §1344 · 18 USC §1341 · WIC §15610.30
02
Criminal investigation and prosecution of Hanson Le for embezzlement, grand theft, and wire fraud. Le has already invoked his Fifth Amendment right — an admission of criminal exposure in civil proceedings.
PC §503 · PC §487 · 18 USC §1343
03
Referral of Steven D. Silverstein to the State Bar and relevant prosecutorial authorities for extortion, subornation of perjury, and mail fraud.
PC §518 · PC §127 · 18 USC §1341 · Rule 3.3
04
Full DRE enforcement against Anna Ly for forgery, false statements to a state investigator, and security deposit fraud. Case No. 1-24-0513-010 is already active.
PC §470 · Gov Code §6201 · BPC §10176(a)
05
Full accounting and return of all funds wrongfully extracted — $87,530 documented — plus statutory penalties under CC §1950.5(l), elder abuse enhancements under WIC §15657, medical damages, attorney fees, studio costs, and ongoing displacement costs.
CC §3345 treble · 18 USC §1964 civil RICO treble · WIC §15657 physical harm
06
Vacatur of the Superior Court judgment obtained through perjured testimony, excluded documentary evidence, and the deliberate absence of Hanson Le as a witness.
CCP §473 · Intrinsic Fraud on the Court
07
Formal demand that the Huntington Beach Police Department identify the detective who reviewed 162 pages and found no crimes; confirm whether the complaint was ever referred to FBI, U.S. Attorney, or USPS Postal Inspection as formally requested in two letters to Chief Parra; and account for the physical evidence submitted July 3, 2025.
WIC §15630 mandatory reporting · Public Records Act · 14-day written response deadline
08
Berkshire Hathaway HomeServices / Springdale Marina Inc. to provide full accounting of all funds transmitted through Hanson Le on BHHS platforms and email; to produce all internal communications regarding Le's "moonlighting" known to Dennis Rosas; and to answer whether Martha Mosier's certified mail notification generated any internal compliance response.
BPC §10177(d) · CC §2332 · 18 USC §1962(c)
Part X
Why This Case Matters Beyond This Family

The mechanism used against the Gasios is not unique to them. It is a replicable system — and it is being replicated.

"They were counting on 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."
— Gasio v. Tran et al., fullstory.pdf · March 31, 2026

The evidence is real. The harm is documented. The defendants' own words prove the case. The only thing left is a decision.


Evidence Portal
gasiomirror.com
1,400+ Indexed Exhibits · Publicly Accessible · Verified by Six Agencies