Phat Tran (Owner)
- State your full legal name exactly as on your passport.
18 U.S.C. §1621 (Perjury): Lying under oath is a felony.
- Have you used alternate spellings on contracts, bank records, or court filings?
18 U.S.C. §1343 (Wire Fraud): Using false identities to transmit documents = felony.
- Identify all accounts where tenant rent was deposited 2022–2024.
18 U.S.C. §1344 (Bank Fraud): Routing rent into personal/unlawful accounts is felony bank fraud.
- Did you direct payments to a Wells Fargo account outside broker trust?
B&P §10145 + 18 U.S.C. §1344: Trust account misuse is felony and license violation.
- Admit that June rent was tendered and acknowledged before you served the 3-day notice.
18 U.S.C. §1341 (Mail Fraud): Serving false UD notice = felony. Kwok v. Bergren (1982) — tender bars UD.
- Explain why no walk-through was conducted before claiming $20,980 in damages.
Civ. Code §1950.5: Failure to inspect before deductions = violation, fraud when claimed anyway.
- Have family members used aliases in real estate or banking?
18 U.S.C. §1343 + Cal. Penal §470: Alias use = forgery + wire fraud.
- Why did you proceed with eviction after your agent texted “Hanson has the check”?
18 U.S.C. §§1341, 1343: Concealing known payment = felony mail/wire fraud.
- Did you operate Airbnb rentals in 2024 without license?
HB Code 5.120: Civil penalty $1,000/day; shows motive for fraud eviction.
- Identify every certified letter you received and why no restitution check was returned.
18 U.S.C. §1341 (Mail Fraud): Ignoring certified notices while concealing funds = felony.
Hanson Le (Agent)
- On 2024-04-19 you wrote “Hanson has the check”; why was it not deposited to trust?
18 U.S.C. §1344 (Bank Fraud): Misuse of entrusted funds = felony.
- List all bank accounts you used to receive tenant payments April–July 2024.
18 U.S.C. §1343 (Wire Fraud): Receiving payments off-record = felony.
- Did you threaten eviction unless tenants signed your renewal by Monday 4/29/24?
Cal. Penal §518 (Extortion): Threatening eviction for money = felony extortion.
- Describe all communications with BHHS/Ethos after receiving tenant funds.
18 U.S.C. §1962(d) (RICO Conspiracy): Concealment w/ corporate = RICO predicate.
- Why did you resign on 2024-05-13 but continue to act on the lease?
Cal. Penal §470 (Forgery): Acting without authority on documents = felony.
- Admit that July e-check was returned after delay and used to claim non-payment.
18 U.S.C. §1344 (Bank Fraud): Mischaracterizing tender = felony.
- Identify every time you presented yourself as BHHS after resignation.
18 U.S.C. §1343 (Wire Fraud): False representation = felony.
- Did you split funds or kickbacks with Phat Tran or LY Construction?
18 U.S.C. §1343 + §1962(c): Wire fraud + racketeering = felony.
- Why did you tell tenants “keep paying the owner” after resignation?
Civ. Fraud/UCL: Misleading directives = fraud.
- Admit you received certified mail notice of fraud and chose not to respond.
18 U.S.C. §1341 (Mail Fraud): Ignoring certified fraud notice = felony.
Anna Ly (Realtor)
- Did you transmit any lease under a name other than your passport identity?
18 U.S.C. §1343 + Cal. Penal §470: Alias transmission = forgery & wire fraud.
- Why does DocuSign audit show tenancy history removed and co-tenant omitted?
Cal. Penal §470 (Forgery): Alteration of tenancy history = forgery felony.
- Confirm whether “ocean view” and “in-unit laundry” were advertised.
B&P §17500 (False Ads): Misrepresentation = civil penalty, fraud basis.
- Did you disclaim renewal responsibility after issuing DocuSign?
B&P §10176: Misrep. in real estate practice.
- Identify all entities you transmitted renewals through.
Fraud / Agency Abuse: Concealing principals = fraud.
- List all license numbers you used on contracts 2022–2024.
B&P §10176: Misrep. of license = discipline.
- Admit omission of deposit terms in renewal drafts.
Civ. Fraud: Concealing deposit language = fraud.
- State every name variation under which you transmitted leases.
Forgery Felony: False name use = Penal §470.
- Explain coordination with LY Construction on repairs.
Civ. Code §1941.1: Habitability concealment = liability.
- Identify any direct communication with Silverstein about “new applicant.”
Conspiracy — 18 U.S.C. §371: Agreement to defraud = felony.
Steven Silverstein (Eviction Counsel)
- Identify all UD documents you filed asserting arrears and what evidence you reviewed.
CCP §128.7: False filing certification = sanctionable, fraud basis.
- Admit you presented a “returned check” envelope without chain of custody.
18 U.S.C. §1503 (Obstruction): False evidence = felony obstruction.
- Admit the 3-day notice omitted lawful co-tenants.
CCP §1161: Defective notice = unlawful detainer void.
- Identify all exhibits contradicting arrears claims that you refused to file.
CRPC 3.3 / B&P §6106: Concealment = moral turpitude felony.
- Did you file eviction on lease signed by resigned agent?
Fraud on Court: Filing void doc = felony misrepresentation.
- Why did you ignore certified letters showing payment was tendered?
18 U.S.C. §1341: Ignoring certified proofs = mail fraud.
- Admit you misled court about tenancy length.
Obstruction + Perjury Aid: Deceit on record = felony.
- List all contacts with BHHS corporate re this case.
18 U.S.C. §1962(c): Enterprise conduct = RICO liability.
- Explain why you didn’t disclose Hanson’s resignation.
CRPC 3.3: Duty of candor breached.
- Admit you prosecuted after actual notice of fraud.
B&P §6106: Moral turpitude felony if true.
BHHS Corporate / Ethos
- Admit corporate legal received fraud alerts and declined to audit.
18 U.S.C. §1962: Racketeering participation = RICO felony.
- Identify who signed for the 1-lb certified package on 2024-05-30.
18 U.S.C. §1341: Mail fraud if suppressed.
- State what actions were taken within 48 hours of receiving certified notice.
Negligence / Obstruction: Failing to act shows complicity.
- Did you forward complaints to Berkshire HQ?
Corporate Negligence: Apparent agency liability.
- Admit brand was used on void contracts after resignation.
Agency Doctrine: Liability attaches to franchisor.
- List all audits done at HB office 2022–2024.
Supervision Duty: Failure = civil fraud liability.
- Did you discipline Hanson or Anna Ly?
Negligence: Failure = corporate exposure.
- Admit you received multiple certified letters without reply.
Mail Fraud: Suppression = felony.
- Identify all emails from Plaintiff logged in servers.
Discovery Abuse: Suppression = sanctionable.
- Why did you continue to collect fees after notice of fraud?
18 U.S.C. §1962(c): RICO enrichment.
Richard Rosiak (Former Counsel)
- State why you withdrew after $8,000 retainer and list withheld materials.
Fraud / B&P §6106: Abandonment = moral turpitude felony.
- Admit you failed to file key exhibits provided to you.
Negligence / Malpractice: Damages to client rights.
- Did you advise the court of certified payment proofs?
CRPC 3.3: Candor breach = discipline.
- Why did you wait until 8 days before trial to notify withdrawal?
Bad Faith: Prejudice client.
- Admit you knew client was disabled and on monitor during litigation.
ADA + Ethics: Violation.
- List all communications with Silverstein about settlement.
Conspiracy: If collusion, RICO predicate.
- Admit you held damages table and did not submit it.
Negligence / Fraud
- Identify any client files not returned.
Conversion: Felony if intent.
- Admit your Yelp history of abandonment in other cases.
Pattern Evidence: Ethics / Discipline
- Explain why you accepted fees but abandoned trial prep.
B&P §6106: Moral turpitude felony.