§ 00Case Overview & Charging Summary
This document is a consolidated federal and state charging reference for the coordinated scheme carried out against Michael and Yulia Gasio at 19235 Brynn Ct, Huntington Beach, California between 2022 and 2026. The scheme involved a property owner (Dr. Phat Ky Tran), his daughter acting as listing agent (Anna Ly), a licensed property manager who diverted rent to a personal account (Hanson Le), an eviction attorney who presented knowingly false testimony (Steven D. Silverstein), and prior defense counsel who abandoned representation three days before trial (Richard Rosiak) — all operating through Berkshire Hathaway HomeServices California Properties as the corporate instrument.
Every count below is supported by documentary evidence indexed at gasiomirror.com. Bank records, USPS tracking, DocuSign audit trails, text message admissions, court transcripts, and photographic evidence support each predicate. The defendants' own words — in texts, emails, and sworn court statements — establish the core criminal predicates without requiring additional investigation. This reference is organized by category for agency-specific intake and is designed to be used as a charging checklist by any investigator or retained counsel.
"Sorry I did not know you paid your rent to the Hanson account, I just texted him to find out." — Phat Tran, text to Michael Gasio, May 2024. Tran subsequently testified under oath that no rent had been received. Both statements are in the record. One is perjury.
§ 01Federal Criminal Counts
F-01Wire Fraud — April 19 Payment DenialFederal
18 USC §1343
Wells Fargo wire confirmation #OW00004382456864, $5,000, April 19, 2024 — memo "New lease 24 one payment at 5000." Transmitted interstate. Tran denied receipt under oath. Wire confirmation is a federal record that cannot be disputed.
Each interstate wire transmission advancing a scheme to defraud is a separate count. Up to 20 years per count. The denial of a confirmed wire transfer in sworn testimony is perjury compounding the fraud.
Evidence: TOP-01 — Wells Fargo Conf. #OW00004382456864
F-02Wire Fraud — Authentisign Fraudulent Payment ClauseFederal
18 USC §1343
DocuSign envelope #46CC8725-F703-EF11-96F5-6045BDD68161 transmitted April 26, 2024 via BHHS Authentisign platform, corporate email hansonle@bhhsCAprops.com. Contained fraudulent payment clause directing rent to Le's personal Wells Fargo account #3312942937 — not a licensed broker trust account. Tran's initials appear beside the clause.
Interstate electronic transmission of a document containing a materially false payment clause is wire fraud. Three separate wire events: transmission, Le's completion, confirmation delivery.
Evidence: 1036, 1037, 1041 — Authentisign #46CC8725
F-03Mail Fraud — USPS Cashier's Check ConcealmentFederal
18 USC §1341
Cashier's check $5,350 mailed USPS certified mail to BHHS HB office, 5848 Edinger Ave. USPS tracking confirms delivery. Signature "H." on receipt — Hanson Le. Tran texted: "He got it." Check never deposited, never returned, never credited. Le invoked 5th Amendment when questioned by HBPD.
Use of USPS to advance a fraudulent scheme — receipt and concealment of a mailed instrument — is mail fraud per 18 USC §1341. Up to 20 years. USPS-OIG complaint filed.
Evidence: TOP-02 — USPS tracking, "H." signature, Tran text | m17.png
F-04Bank Fraud — July Check Hold & ConversionFederal
18 USC §1344
July rent check received by Tran, held past 3-day banking rule, electronic funds entered account. Tran claimed to return by untracked mail — no certified receipt, no signature. Electronic deposit confirmed retained. Court told check arrived "too late" — used to erase June from record. Owner-initialed lease clause directing funds to Le's personal account #3312942937 further establishes banking instrument fraud.
Intentional hold and retention of electronic banking instrument after claiming non-receipt is bank fraud. Up to 30 years per count.
Evidence: TOP-03 — July eCheck | 1036 — Le account #3312942937
F-05Hobbs Act Extortion — Eviction ThreatFederal
18 USC §1951
Tran telephoned Michael same night as 3-Day Notice: "Put the money in my bank account like you always have or I'll kick you out." Michael offered 3 lawful resolution alternatives — all refused. $5,350 paid under threat of eviction. Never credited, never returned. Silverstein repeated demand in courthouse hallway twice during proceedings.
Using threatened injury to property (eviction) to compel payment is Hobbs Act extortion at federal level and PC §518 at state level. Courthouse repetition by Silverstein adds attorney misconduct layer.
Evidence: TOP-06 — Extortion recording | 1042 — Tran admission "both in a lot of trouble"
F-06Conspiracy to Commit FraudFederal
18 USC §134918 USC §371
Tran, Le, Anna Ly, and Silverstein acted in concert: Anna Ly inserted unauthorized payment clause into DocuSign (T95 — metadata "Auto Responded" April 22, 2022); Tran introduced Le post-renewal specifically to control payment channel; Le directed payments to personal account; Tran denied all payments in court; Silverstein presented perjured testimony with full knowledge of payment evidence in his file.
Each conspirator is liable for the acts of all others. Enterprise coordination across multiple actors is the foundation of the civil RICO claim under §1964.
Evidence: RICO46ab — wire fraud timeline | RICO101 — BHHS chain
F-07RICO Enterprise — Pattern of RacketeeringFederal
18 USC §1962(c)18 USC §1964
Enterprise operates through: Tran (principal), Anna Ly (listing/lease manipulation), Hanson Le (payment diversion), Silverstein (judicial process abuse), BHHS platform (corporate instrument). Pattern: false advertising → unauthorized fee extraction → payment diversion scheme → fabricated 3-Day Notice → perjured court testimony → fraudulent $20,980 invoice → Airbnb conversion. AP Silk Arts Inc. (Anna Ly CEO / Tran Registered Agent) documents corporate co-entanglement predating tenancy.
Civil RICO under §1964 entitles prevailing plaintiff to treble damages + attorney fees. $87,530 × 3 = $262,590 minimum before medical, punitive, and studio damages.
Evidence: breifing.html | RICO11a — Sand Dune network | RICO21 — 328 recorder entries
F-08False Statements to Federal AgencyFederal
18 USC §1001
Legal filings submitted to OC Superior Court omitted material facts: prior lease history, accepted payments, and the DocuSign contracts. Landlord's pleadings misrepresented tenancy status and claimed nonpayment while withholding the "Hanson has the check" text. Filings transmitted to court constitute false statements within jurisdiction of federal court jurisdiction.
Opens path to set aside judgment for fraud on the court. Strengthens any RICO, civil rights, or State Bar filings.
Evidence: T98 — false court ledger | RICO20 — Tran courtroom affirmation
F-09Honest Services Fraud — Trust Account DiversionFederal
18 USC §134618 USC §1343
Hanson Le, acting as licensed BHHS agent, owed fiduciary duty to both landlord and tenant. He used BHHS corporate platform and email to execute a lease directing funds to his personal account — bypassing all broker trust account requirements. BHHS Designated Officer Dennis Rosas acknowledged Le was "moonlighting" and took no action, binding the corporation.
Agent who deprives principal of honest services through self-dealing, using interstate wire, commits honest services fraud. Rosas admission creates direct corporate liability.
Evidence: RICO101 — Rosas "moonlighting" | 1041 — Authentisign corporate email
F-10Witness Tampering / IntimidationFederal
18 USC §1512(b)CA PC §136.1
Truck associated with Tran made threatening movements on property during active dispute (TOP-07 — PC §245 vehicle assault). Silverstein approached Michael twice in courthouse hallway demanding private payment under eviction threat. Both incidents occurred during pending proceedings with active agency filings in progress — elevating to federal witness tampering standard.
Intimidation of a witness during pending criminal investigation/proceedings is federal felony. Pattern of physical and legal pressure establishes ongoing harassment.
Evidence: TOP-07 — truck intimidation | TOP-06 — hallway extortion
F-11Obstruction of Justice — Evidence DestructionFederal
18 USC §1519CA PC §135
Attempts to remove online listings and messages tied to fraud. Failure to disclose DocuSign contracts and payment records in court. June cashier's check — a federal mail instrument — received, held, and never accounted for despite Fifth Amendment invocation. Bunk bed removed from property during active tenancy before vacating — physical evidence destruction.
Obstruction charges and spoliation instruction available in civil case. Physical removal of personal property compounds grand theft charge.
Evidence: vui.html — bunk bed removal | TOP-02 — concealed check
F-12FAA Violation — Unauthorized Drone SurveillanceFederal
FAA Part 107CA Civil Code §1708.8(b)CA PC §647(j)
Phat Tran admitted flying drone over tenant-occupied property without notice or consent during active lease dispute period. Property was occupied residential space. No FAA authorization, no notice, during heightened legal conflict — constituting both federal aviation violation and state invasion of privacy.
FAA Part 107 prohibits unauthorized drone flights over occupied structures. Adds to pattern of harassment and intimidation supporting broader civil rights complaint.
Evidence: TOP-07 | vui.html
§ 02State Criminal Counts
SC-01Perjury — Courtroom AffirmationState
PC §118
Judge showed Tran his own text "Hanson has the check." Judge asked: "Did you write this?" Tran affirmed under oath: "Yes." Tran had also testified under oath that no rent payment had been received. Both statements in same proceeding. Self-proving perjury — court record requires no additional investigation.
PC §118 perjury — 4 years. This is the cleanest single criminal count in the case: two contradictory sworn statements, same proceeding, judge witnessed both.
Evidence: RICO20 — Tran courtroom affirmation | Court transcript
SC-02Subornation of Perjury — SilversteinState
PC §127Rule 3.3
Silverstein received all payment evidence on day 3-Day Notice served at email on notice. Received it again in 200+ emails — acknowledged in open court. Placed copy in physical file. Went to court and argued non-payment. Permitted client to testify no rent received while evidence disproving it sat in his file. Rule 3.3 requires candor to tribunal. He proceeded anyway.
Attorney who knowingly allows perjured testimony is guilty of subornation (PC §127). Also subjects Silverstein to State Bar discipline and potential civil liability.
Evidence: Court record — 200 emails acknowledged | Silverstein file
SC-03Extortion — Eviction Night DemandState
PC §518
"Put the money in my bank account like you always have or I'll kick you out." Three lawful alternatives offered. All refused. Payment of $5,350 made under direct threat of loss of home. Payment never credited, never returned. Tran spontaneously stated: "Both Hanson and myself are in a lot of trouble" — spontaneous admission of culpability (Exhibit 1042).
PC §518 — 4 years. Spontaneous admission in Exhibit 1042 ("both in a lot of trouble") is a self-proving confession element.
Evidence: TOP-06 | 1042 — Tran spontaneous admission
SC-04Embezzlement by Agent — Hanson LeState
PC §503
Le received June cashier's check ($5,350) at BHHS office. USPS tracking confirms. Signature "H." confirmed. Check never deposited into trust account, never forwarded to Tran, never returned to tenant. Le invoked Fifth Amendment when HBPD questioned him. Check remains unaccounted for. BPC §10138 required deposit into licensed broker trust account.
Licensed agent who receives trust funds and fails to account for them commits embezzlement. Fifth Amendment invocation creates inference. DRE license suspension grounds independent of criminal charge.
Evidence: TOP-02 | m17.png — USPS signature
SC-05Forgery — DocuSign Lease AlterationState
PC §470
T95 — DocuSign metadata: "Auto Responded — Correct to fix email address errors" April 22, 2022. Anna Ly modified envelope post-execution to insert unauthorized payment clause. Separately, the Authentisign lease inserted Le's personal account number as payment destination — a term not present in any prior lease — with Tran's initials beside it under questionable circumstances.
PC §470 — 3 years. DocuSign audit trail preserves exact timestamp of post-execution modification. Metadata is forensic-grade evidence.
Evidence: T95 — DocuSign metadata | 1036 — initialed payment clause
SC-06Filing False Document — Defective 3-Day NoticeState
PC §115PC §470CCP §1162
3-Day Notice: unsigned, no proof of service, single-envelope delivery. CCP §1162 service requirements not met. BHHS corporate seal affixed to document — HBPD officer stated: "Using the Berkshire Hathaway corporate seal on a document like this becomes counterfeiting — like printing your own money." Filed as basis for unlawful detainer.
PC §115 — 8 years for filing false document. Renders entire unlawful detainer proceeding jurisdictionally defective. Basis for motion to vacate judgment.
Evidence: TOP-08 — defective 3-Day Notice
SC-07Embezzlement by Fiduciary — RosiakState
PC §506BPC §6106
$8,000 retainer accepted for trial representation. No motions filed. No discovery. No appearances at any substantive hearing. Withdrew by letter in mailbox January 10, 2025 — three business days before January 13, 2025 trial. Sole billing item: driving keys to his office. False statement that reentry defense was "not legally permitted" — independently verified false. Four Yelp reviewers document same pattern.
PC §506 embezzlement by fiduciary. State Bar enforcement proceeding active. Pattern across multiple clients documented at gasiomirror.com/DisbarmentRosiak.html.
Evidence: DisbarmentRosiak.html | State Bar enforcement active
SC-08Grand Theft — Personal Property RemovalState
PC §487PC §496
Bunk bed frame removed from property by person associated with Tran during active tenancy — June 2024 — before Gasios vacated. Never placed in storage, never returned. Freight shipment to property received post-eviction and not returned. Theft of property valued over $500 during active tenancy of the rightful owner.
PC §487 grand theft — felony. Receipt and retention of stolen property (PC §496) applies to any party in possession.
Evidence: vui.html — bunk bed theft documentation
SC-09False Statement to State Officer — Anna LyState
Gov Code §6201
Anna Ly told DRE housing investigator she had never sent any lease extensions. DocuSign audit trail (T20, T21) proves envelope was sent, time-stamped, authenticated under her credentials. She also told Gasios repeatedly she "no longer worked for Phat Tran" — then transmitted $20,980 invoice from Tran's dental office server (Dr. Phat Tran DMD Inc.) August 22, 2024.
False statement to a state officer is a criminal violation independent of the DRE administrative proceeding. Supports DRE license revocation in parallel.
Evidence: T20, T21 — DocuSign audit | nowork.html — dental office email
SC-10Credit Card Fraud — Unauthorized ChargesState
CA PC §484g
Owner charged tenant's credit card for unauthorized repairs — including doorknob and related items — without consent. Charges made to personal financial information obtained during tenancy. Credit card information used outside the terms of any agreement.
PC §484g — fraudulent use of credit cards — criminal misuse of personal financial information. Compounds financial abuse pattern.
Evidence: Case file — unauthorized repair charges
SC-11Real Estate Fraud — Multiple Contract VersionsState
PC §532fPC §115BPC §10176
Three conflicting contracts circulated: one by Anna Ly (Sun Realty), one by Hanson Le (BHHS), one through unnamed third-party management entity. None properly disclosed. Conflicting payment terms across versions used to claim no valid lease while collecting rent. Ghost management company appeared on documents with no active management provided.
Violates real estate licensing laws. Grounds for fraud charges and revocation of DRE licenses for both Anna Ly and Hanson Le.
Evidence: T20, T24, 1037 — conflicting lease versions
§ 03Civil Claims
CV-01Wrongful Eviction / Retaliatory EvictionCivil
CC §1942.5CC §1927
DRE complaint filed June 12, 2024 (Case #1-24-0513-010). Eviction followed within 180-day statutory window — retaliatory presumption triggered. Eviction served days after habitability complaint submitted in writing (40daysbefore.html — May 4, 2024). Property converted to Airbnb at $7,786/month (55% increase) within weeks of forced departure. No legitimate grounds for eviction — all rent paid.
CC §1942.5 — $25,000+ statutory penalty. Retaliatory eviction presumption not rebutted. Airbnb conversion is the documented profit motive.
Evidence: 1017 — DRE complaint | 1088 — Airbnb listing | 40daysbefore.html
CV-02Security Deposit Fraud — Fabricated InvoiceCivil
CC §1950.5CC §1950.5(l)
LY Construction invoice $20,980 transmitted August 22, 2024 from Tran's dental office — by Anna Ly who claimed 17 months earlier she no longer worked for him. Largest item: $7,835 carpet "dog pee." Move-out photos show undamaged gray carpet. Market rate: $836 for 950 sq ft. Airbnb shows vinyl plank — no carpet replaced. No pre-move-out inspection offered. No receipts from licensed vendors. CC §1950.5 violated on every point.
Mandatory 2x deposit penalty under §1950.5(l) = $10,000. Bad faith withholding documented by fabricated invoice from family entity for work never performed.
Evidence: 1087 — LY invoice | 1089 — carpet photos | 1090 — depreciation | 1088 — Airbnb vinyl floor
CV-03Fraudulent Inducement — False ListingCivil
CC §1710BPC §17500
Zillow listing (T12) and Homes.com listing (T17) advertised: ocean view (none), in-unit washer/dryer (none), new carpet (not new), included appliances (dishwasher failed day one). Anna Ly confirmed pets welcome — omitted from signed lease, then $1,000 unauthorized add-on imposed after tenants had committed. Move-in day response to missing washer/dryer: "Move out by noon."
CC §1710 fraudulent inducement allows rescission of lease and full restitution. BPC §17500 false advertising supports DRE action.
Evidence: T12, T17 — false listings | T12a — "move out by noon"
CV-04Breach of Habitability — Mold / Wiring / AppliancesCivil
CC §1941.1HSC §17920.3CC §1942.4
Mold photographed 11:39 a.m. May 1, 2022 — move-in day. Dishwasher drain routed over live AC wiring by pre-tenancy contractor — active electrical short, wall wet, mold in cavity. LY Construction assessed, replaced outlet, left drain and short in place. Mold never remediated 2022–2024. Roof leaks. Loose electrical switches. No pre-move-in inspection (CC §1950.5(f)). Rent collected throughout.
CC §1942.4 prohibits collecting rent during known uninhabitable conditions. Tenant self-purchased dishwasher $1,011.52 (Home Depot #WM68385688) — owner accepted benefit, never reimbursed.
Evidence: T15, T16 — mold photos | TOP-05 — habitability knowledge | 1074 — HD receipt
CV-05AB 1482 Rent Cap Violation — Disguised IncreaseCivil
CC §1947.12AB 1482CC §827
Tran removed gardening service ($350/month) — included in original lease terms — then simultaneously raised rent by $350. Net 14% effective increase against AB 1482 cap of 5% + CPI (max 10%). $700/month disguised increase over 24 months = $16,800 in unlawful extraction. No written notice, no proper exemption. Attempted 20% rent increase further documented (Count 21 in original file).
Invalid rent increase. Retaliatory eviction may be presumed when increase exceeds cap. $16,800 restitution plus statutory penalties.
Evidence: 1027 — gardener removal | T8 — rent cap addendum
CV-06Constructive EvictionCivil
CC §1927CC §1940.2
Owner's refusal to honor lease terms, provide habitable premises (mold, dishwasher, structural water damage), acceptance of rent before issuing 3-Day Notice, unilateral contract modifications, and repeated hostile responses to every complaint collectively support constructive eviction claim. Tenant forced to self-purchase appliances owner was contractually obligated to provide.
Constructive eviction entitles tenant to damages including possession costs, relocation costs, and property loss even without formal eviction order.
Evidence: T12a, TOP-05, T15, T16
CV-07Loss of Professional Space — Art StudioCivil
CC §1933CC §3333
Yulia Gasio (CSULB Professor) maintained dedicated art studio at property — professional workspace connected to academic position. After wrongful eviction, comparable studio space in Orange County: $790/month for same square footage. Ongoing, indefinite recurring cost directly caused by eviction. Family also lost 25% of living square footage in displacement to smaller home in tightened market.
Compensable under constructive eviction and tort law. Multi-year economic burden with no defined termination date. Strong basis for general and special damages.
Evidence: Case file — CSULB appointment | studio replacement costs documented
CV-08Fraudulent Conveyance — Sand Dune LLC TransferCivil
CC §3439.04
20012 Sand Dune Lane, Huntington Beach (est. $3.8M) transferred to Smart Invest HB LLC by Phat Tran in October 2025 — during active litigation and active agency proceedings. Transfer to self-controlled LLC to shield asset from judgment creditors. Motion to set aside fraudulent conveyance filed.
Fraudulent conveyance during litigation is voidable. Court can reach the asset. Combined with 24 Rawhide Irvine ($3.5M) and dental practice, Tran's total identified asset base exceeds $8M.
Evidence: phat24.html — Sand Dune corridor | RICO21 — 328 recorder entries
CV-09Breach of Covenant of Good FaithCivil
CC §1655
Owner and agents manipulated lease renewal timing, refused payments sent in good faith, falsely claimed abandonment while retaining deposit and personal property, used extortion to compel off-contract payment, and submitted false court record omitting all prior payments. Every element of the tenancy was manipulated against the tenant's interest while extracting maximum financial benefit.
Fundamental breach opens door to full restitution, damages, and equitable remedies — including rescission of the lease and all payments made under fraudulently induced terms.
Evidence: Full case record — consistent pattern documented throughout
§ 04Elder Abuse / ADA / Disability
EA-01Elder Financial AbuseElder
WIC §15610.30WIC §15657PC §368
Michael Gasio, age 72, disabled (disclosed in writing to Tran 40 days before eviction — Exhibit 1034). Coordinated financial fraud targeting a disabled senior: $87,530+ documented extraction. Cardiac arrhythmia (Dr. Brian Chesnie, Hoag Medical Group) — bottom chamber not firing every 10–12 beats under stress. 10-day continuous heart monitor. Beta-blocker prescribed. 20 weeks psychological services at Octave Behavioral Health. All concurrent with eviction proceedings caused by defendants.
WIC §15657: physical harm caused by elder financial abuse entitles victim to mandatory attorney fees, costs, and punitive damages. PC §368 — 4-5 years criminal. HBPD failure to investigate may constitute WIC §15630 mandatory reporting violation.
Evidence: 1034 — medical disclosure | 1062 — cardiac diagnosis | 1070 — heart monitor | 1077 — Octave Behavioral Health
EA-02Intentional Infliction of Emotional DistressElder
CC §3294IIED DoctrineCC §3345
Owner and agents inflicted significant and documented stress during eviction proceedings on a 72-year-old disabled senior: cardiac arrhythmia, panic attacks, hypertension, 10-day 24/7 heart monitor, beta-blocker, 20 weeks behavioral health treatment. Medical condition disclosed in writing — owner proceeded. Tran disclosure: "rate increase crazy lately, I have to refinance" — establishes financial pressure as motive, not legitimate eviction grounds.
CC §3345 trebles civil penalties for conduct targeting persons over 65. IIED opens punitive damages under CC §3294. Physical harm documentation is direct.
Evidence: 1062, 1070, 1077 — medical records | 1034 — pre-eviction medical disclosure
EA-03ADA / Fair Housing — Disability & LanguageElder
42 USC §3601Gov Code §12955CC §51
Tatiana Zyagintseva — non-English speaker, named leaseholder, never properly served. Yulia Gasio — named on lease, in Europe at time of service, never served. Michael Gasio — disabled, medical condition disclosed, ADA Title II protections applicable. Lease process manipulated to exclude non-English-speaking leaseholder from lease renewal. All disabled family members disregarded in eviction service.
Strong basis for housing discrimination claim under language access and disability accommodation law, including potential punitive damages under Unruh Civil Rights Act.
Evidence: T3, T5 — applications | CCP §1162 — service defect
EA-04HBPD Mandatory Reporting FailureElder
WIC §15630CA Gov Code §26500
HBPD received 169 communications and 162-page evidence package. Issued Disposition Letter AI 26-0003 (February 18, 2026) — no subject line, no case number, no employee named, no victim interview conducted. Classified "UNFOUNDED." Neither Michael (72, disabled) nor Yulia (available, returned from Europe) ever interviewed. WIC §15630 requires law enforcement to report known or suspected elder financial abuse. All elements of WIC §15610.30 satisfied by documented evidence.
HBPD's failure to investigate or report may itself constitute a mandatory reporting violation. Formal demand letter to Chief Parra with 14-day deadline on file.
Evidence: AI 26-0003 — UNFOUNDED letter | Cheifofpolice.html — Chief Parra demand
§ 05Housing / Regulatory / Licensing
HR-01DRE Trust Account Violation — Hanson Le / BHHSRegulatory
BPC §10138BPC §10176(a)BPC §10177(d)
BPC §10138 requires all trust funds collected by licensed agent deposited into broker trust account. Le directed payments to personal Wells Fargo account #3312942937. BHHS Designated Officer Dennis Rosas (Springdale Marina Inc., DRE #01208606) told Michael: "Call Hanson — he is moonlighting. They all do it." BHHS HQ Omaha notified by certified mail — no response. BHHS platform, email, and branding used for private payment diversion.
Grounds for DRE license suspension or revocation for Le and disciplinary action against BHHS franchise. Corporate vicarious liability under CC §2332 and BPC §10177(d).
Evidence: RICO101 — Rosas admission | 1041 — BHHS corporate email | DRE #01208606
HR-02Anna Ly — Unlicensed Business OperationsRegulatory
BPC §10162BPC §10176(a)
Anna Ly DRE #01894348 operating under expired DBA "Sun Realty and Management" from personal residence 1532 Orchard Drive, Newport Beach — no city business license, no registered branch office, no required disclosures for multi-city transactions. CEO of AP Silk Arts, Inc. with Phat Tran (father) as Registered Agent at his own home address — structural corporate conflict predating tenancy. Presented as independent agent throughout.
DRE Complaint #1-24-0513-010 active — assigned Investigator Tom Nguyen. License revocation grounds independent of criminal charges. AP Silk Arts corporate link documents that claimed independence was structurally impossible.
Evidence: annafraud.html — unlicensed ops | annafraud3.html — AP Silk Arts corporate
HR-03Unlicensed Short-Term Rental — HB OrdinanceRegulatory
HB Municipal CodeBPC §17200
19235 Brynn Ct listed on Airbnb within weeks of eviction — host "Vui," $7,786/month, 3 bed/2.5 bath, 2,000 sq ft. Huntington Beach short-term rental operations subject to local ordinance restrictions since 2022. No evidence of STR permit. Capital renovation (vinyl plank flooring throughout, painted baseboards, staged furniture, ceiling fans, kitchen remodel) funded by fraudulent $20,980 invoice charged to outgoing tenant.
Unlicensed STR operation violates HB municipal code. BPC §17200 unfair business practices claim available. Renovation funded by tenant fraud provides additional civil damages basis.
Evidence: 1088, 1095 — Airbnb listing | 1091 — post-eviction remodel photos
HR-04DRE Investigator Conflict — Tom NguyenRegulatory
DRE Complaint #1-24-0513-010
DRE Complaint assigned to Investigator Tom Nguyen, LA Enforcement Office. Prior DRE disciplinary history identified: Accusation H-40694 LA, July 2017. Formal demand letter sent to DRE Supervising Special Investigator Jerusha White requesting reassignment. Letter documented Nguyen's prior disciplinary record and requested confirmation of recusal and reassignment to unconflicted investigator.
Assignment of a previously disciplined investigator to a licensee misconduct complaint creates conflict of interest requiring reassignment. Demand letter with formal record on file.
Evidence: Jerusha White demand letter | DRE Accusation H-40694 LA
§ 06Defendant Exposure Summary
| Defendant | Role / License | Key Counts | Criminal Exposure | Status |
|---|---|---|---|---|
| Dr. Phat Ky Tran | Property Owner OC Dental Implant 14411 Brookhurst, GG |
F-01, F-04, F-05, F-07, F-08, SC-01, SC-03, SC-06, EA-01, CV-0810+ counts | Perjury · Bank Fraud · Mail Fraud · Wire Fraud · Extortion · Elder Abuse · RICO · Fraudulent Conveyance | PRIMARY TARGET |
| Hanson Le | DRE #01358448 BHHS CA Properties 5th Amendment |
F-02, F-03, F-09, SC-04, SC-05, HR-016+ counts | Wire Fraud · Mail Fraud · Embezzlement · Forgery · Trust Account Violation · Obstruction (5th) | 5TH AMENDMENT |
| Anna Ly (Tran) | DRE #01894348 Sun Realty (expired) Tran's daughter |
F-07, SC-05, SC-09, SC-11, CV-03, HR-026+ counts | Wire Fraud · Forgery · False Statement to State Officer · Real Estate Fraud · Unlicensed Operations | DRE ACTIVE |
| Steven D. Silverstein | Silverstein Evictions Tustin, CA Eviction Counsel |
F-05, F-08, F-10, SC-024+ counts | Subornation of Perjury · Hobbs Act Extortion · Fraud on Court · Witness Intimidation | STATE BAR REFERRAL |
| Richard Rosiak | Prior Defense Counsel Jan 10, 2025 withdrawal $8,000 retainer |
SC-071+ counts | Embezzlement by Fiduciary · Moral Turpitude · Abandonment 3 days pre-trial | STATE BAR ACTIVE |
| BHHS / Springdale Marina Inc. | DRE #01208606 Rosas — Designated Officer "They all do it" |
F-02, F-09, HR-013+ counts | Corporate Wire Fraud · Failure to Supervise · Vicarious Liability for Le's Conduct | CERTIFIED NOTICE |
§ 07Documented Damages Ledger
| Item | Amount | Basis | Statute |
|---|---|---|---|
| Month 25 — April wire, Conf. #OW00004382456864 | $5,000 | Received, denied under oath | 18 USC §1344, PC §118 |
| Month 26 — June check, USPS "H." signature | $5,350 | Received by Le, never deposited or returned | 18 USC §1341, PC §503 |
| Month 26 — Extortion payment, night of 3-Day Notice | $5,350 | Paid under threat, never credited | PC §518, 18 USC §1951 |
| Month 27 — July check, electronic hold retained | $5,350 | Funds retained, untracked return claimed | 18 USC §1344 |
| Court-ordered duplicate July payment — false testimony | $5,350 | Paid twice, order obtained through perjury | PC §118 |
| Security deposit — wrongfully held | $5,000 | No walkthrough, no receipts, CC §1950.5 violated | CC §1950.5 |
| Statutory 2x deposit penalty (mandatory) | $10,000 | Bad faith withholding — fabricated invoice | CC §1950.5(l) |
| LY Construction fabricated invoice — paid/claimed | $20,980 | No damage, no inspection, family entity, Airbnb conversion | CC §1950.5, PC §532 |
| Rosiak retainer — no services rendered | $8,000 | Zero work product, abandoned 3 days pre-trial | PC §506, BPC §6106 |
| Unlawful rent increase — gardener removal × 24 months | $16,800 | 14% effective increase over AB 1482 cap | AB 1482, CC §827 |
| Dishwasher self-purchase — Home Depot #WM68385688 | $1,011 | Owner accepted benefit, never reimbursed | CC §1941.1, CC §1943 |
| DOCUMENTED EXTRACTION — PRE-ENHANCEMENT | $87,541+ | Before medical, elder enhancement, studio, punitive, treble | |
| Treble damages (Civil RICO §1964 / CC §3345) | $262,623 | 3× base extraction | 18 USC §1964, CC §3345 |
| Art studio replacement (recurring — $790/mo) | Ongoing | Direct consequence of wrongful eviction | CC §3333 |
| Medical — cardiac, behavioral health (documented) | Documented | Hoag Medical Group + Octave Behavioral Health | WIC §15657 |
| Mandatory attorney fees — elder physical harm | Mandatory | Physical harm by elder financial abuse | WIC §15657 |
| TOTAL WITH TREBLE + ENHANCEMENTS | $262K+ | Plus medical, attorney fees, studio, punitive — est. $884K–$1.03M range | |
§ 08Agency Filing Status
FBI Los AngelesReferred
Federal referral submitted to Special Agent H. Nguyen, hnguyen2@fbi.gov, LA Field Office. Wire fraud, mail fraud, bank fraud, RICO predicates. Full evidence package transmitted.
Contact: hnguyen2@fbi.gov
CA Dept. of Real EstateActive
Sworn complaint filed June 12, 2024 by Yulia Gasio. Assigned to Investigator Tom Nguyen, LA Enforcement. Reassignment demand sent to SSI Jerusha White re: Nguyen's prior disciplinary record (Accusation H-40694 LA).
Case #1-24-0513-010
California State BarOpen
Disciplinary referral — Richard Rosiak. State Bar investigator accessed gasiomirror.com, downloaded all images, confirmed matter sent to enforcement. Silverstein separate referral pending.
Status: Enforcement active
FTC / Consumer SentinelFiled
Formal fraud report filed November 30, 2025. Documenting coordinated real estate fraud scheme. Now resident in FTC Consumer Sentinel Network for law enforcement cross-reference.
Report #194449713
FBI IC3Filed
Internet Crime Complaint Center filing — December 2025. Wire fraud, bank fraud, mail fraud, real estate fraud, elder abuse. Cross-referenced FTC Report #194449713.
Filed December 2025
USPS Postal InspectionFiled
Complaint re: missing June cashier's check — USPS certified mail, signed "H." at BHHS. Administratively closed after tracking reference aged out without merits review. Re-filing with updated documentation warranted.
Re-filing recommended
OC District AttorneyDeclined
Real Estate Fraud Unit declined March 2026 on jurisdictional grounds — without disputing evidence on its merits. Resubmission filed simultaneously March 31, 2026 with this document.
Resubmitted March 31, 2026
HBPD / Internal AffairsUnfounded
169 communications. 162-page evidence package July 3, 2025. IA File AI 26-0003 — "UNFOUNDED" February 18, 2026. No victim interviews conducted. Formal demand to Chief Parra with 14-day deadline. WIC §15630 mandatory reporting concern documented.
AI 26-0003 — Chief Parra demand
§ 09Relief Sought
Criminal — Primary
Prosecution of Phat Tran
PC §118 perjury (self-proving — court record), PC §518 extortion, 18 USC §1344 bank fraud, 18 USC §1341 mail fraud, WIC §15610.30 elder financial abuse, PC §368 elder abuse (criminal). Sand Dune LLC transfer subject to CC §3439.04 fraudulent conveyance action.
Criminal — Agent
Prosecution of Hanson Le
PC §503 embezzlement, PC §487 grand theft, 18 USC §1343 wire fraud, BPC §10138 trust account violation. Fifth Amendment invocation creates inference. HBPD must account for evidence package and Le interview that never occurred.
Criminal / Bar
Referral — Silverstein
PC §518 extortion (courthouse hallway), PC §127 subornation of perjury, 18 USC §1341 mail fraud. State Bar referral for Rule 3.3 candor violation. Civil liability for knowingly proceeding with false testimony.
Regulatory
DRE Enforcement — Anna Ly
DRE Complaint #1-24-0513-010 active. License revocation grounds: forgery (T95), false statements to state officer, unlicensed operations from residential address, security deposit fraud, undisclosed family agency relationship. Reassignment to unconflicted investigator formally demanded.
Financial
Full Restitution + Enhancement
$87,541 documented extraction + CC §1950.5(l) 2x deposit penalty + CC §3345 treble (elder) + 18 USC §1964 treble (RICO) + WIC §15657 mandatory attorney fees + medical damages + studio costs + displacement costs. Estimated range $884K–$1.03M.
Judicial
Motion to Vacate Judgment
Judgment obtained through: perjured testimony (Tran), excluded documentary evidence (email dates embedded in body), absence of primary payment witness (Le — 5th Amendment), defective 3-Day Notice (CCP §1162), attorney abandonment 3 days pre-trial. CCP §473 relief from judgment; intrinsic fraud doctrine.
Law Enforcement
HBPD Accountability Demand
7 written demands to Chief Parra: case number for July 3 submission; location of 162-page evidence package; identity of reviewing detective; explanation for failure to interview victims; Randell forwarding chain; inter-agency referral status; active investigation status. 14-day deadline. WIC §15630 mandatory reporting compliance required.
Corporate
BHHS / Springdale Marina
Corporate liability under CC §2332 and BPC §10177(d) for Le's conduct using BHHS platform, email, and branding. Rosas "moonlighting — they all do it" admission is direct evidence of supervisory knowledge and deliberate non-action. Martha Mosier (President, BHHS, Omaha HQ) certified mail notice on file — no response.
The question that remains is not whether the evidence exists. The evidence is real. The harm is documented. The defendants' own words prove every core count. The only thing left is a decision by someone with the authority and the will to act on it.