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18 U.S.C. §1962(c) — RICO 18 U.S.C. §1961(5) — Pattern CC §1942.5 — Retaliation CC §1947.12 — TPA Cap WIC §15610.30 — Elder Abuse WIC §15657 — Physical Harm Enhancement CC §3345 — Treble Damages 42 U.S.C. §3604 — Fair Housing 29 U.S.C. §794 — Disability
01
Protected Class Victim Profile — Tran Had Full Knowledge
MICHAEL ANDREW GASIO — PROTECTED CLASS PROFILE
All characteristics disclosed on rental application — Tran had actual knowledge at lease inception and at time of eviction
Age at Eviction
72 years old — Senior citizen. Protected under WIC §15610.30 Elder Financial Abuse, CC §3345 treble damages, and federal Fair Housing Act age provisions.
Disability Status
100% Disabled — VA/SSA designation. Protected under 29 U.S.C. §794 Rehabilitation Act, 42 U.S.C. §12132 ADA, and California Government Code §12955 FEHA. Disability disclosed on rental application. Cardiac arrhythmia — bottom chamber not firing every 10–12 beats under stress — diagnosed at Hoag Medical Group during eviction proceedings. 10-day continuous heart monitor prescribed. Beta-blocker added.
Income — Fixed
Social Security Disability — sole personal income. Disclosed on application. Fixed income — no capacity to absorb displacement or legal costs without asset liquidation. Net worth disclosed as $2.5M+ at move-in — Tran knew exactly what extraction was feasible.
Household — Tatiana Zyagintseva
Yulia's mother — Ukrainian war refugee — green card holder — no independent income. Fled Ukraine during active armed conflict. Named occupant on lease. Also displaced by eviction. Three-person household with one income source targeted by a licensed professional for financial extraction.
Legal Enhancements — Protected Class Status
WIC §15610.30 — Elder Financial Abuse
Person 65 or older subjected to financial fraud by a person in a position of trust. Tran was Michael's landlord — a statutory position of trust. Age 72 at eviction. All elements satisfied.
WIC §15657 — Physical Harm Enhancement
Physical harm caused by elder financial abuse entitles victim to mandatory attorney fees, costs, and punitive damages. Cardiac arrhythmia, 10-day heart monitor, beta-blocker — all documented at Hoag Medical Group concurrently with eviction proceedings. Physical harm proven.
CC §3345 — Treble Damages
Civil penalties against defendant for conduct targeting person over 65 are subject to mandatory trebling. Applied to $87,530 documented extraction: $262,590 before medical, punitive, and attorney fees.
42 U.S.C. §3604 — Fair Housing Act
Discriminatory eviction on basis of disability and familial status. Tran had full knowledge of Michael's 100% disability designation at lease inception. Eviction of a disabled senior on fixed income supporting a war refugee constitutes discriminatory housing practice.
18 U.S.C. §1951 — Hobbs Act Extortion
"Put the money in my bank account like you always have or I'll kick you out." — Extortion affecting interstate commerce. Targeting a disabled senior on fixed income is an aggravating factor in federal sentencing.
Tatiana Zyagintseva — Displaced War Refugee
Ukrainian war refugee, green card, no independent income — named occupant on lease — also displaced. Her displacement is a separately cognizable harm. Tran displaced three people including a war refugee to convert a home to Airbnb.
02
Three Unlawful Detainer Actions — OC Superior Court
12-YEAR PATTERN OC COURT RECORDS ALL VERIFIED
Phat Tran — Three UD Actions — 2012 · 2021 · 2024 — Same Plaintiff — Escalating Scheme
Verified April 12, 2026 — OC Superior Court Public Records
Case Filed Defendant Attorney Property Outcome Significance
30-2012-00589701
CIVIL LIMITED
Aug 6, 2012 Jonathan DiBiasi The Tu Firm, APLC
NOT Silverstein
Tran property Default judgment Sep 13, 2012
Writ issued Oct 5, 2012
Unsatisfied Nov 6, 2014
DiBiasi never answered — capitulated — Tran's model: target tenants who cannot fight
30-2021-01237695
PREDICATE ACT 1
Dec 22, 2021 Greta Harman SILVERSTEIN ✓ 19235 Brynn Ct Stipulated judgment Feb 16, 2022
Writ issued Feb 24, 2022
Harman: COVID distress, fee waiver, capitulated. Gasios moved in 5 weeks later.
30-2024-01410991
PREDICATE ACT 2 — ACTIVE
Jul 3, 2024 Michael & Yulia Gasio SILVERSTEIN ✓ 19235 Brynn Ct Judgment — under challenge
PJ Investigation authorized Aug 14, 2025
FIRST TENANT TO FULLY DOCUMENT AND FIGHT BACK. Manufactured default. 5th Amendment invoked. Active criminal referrals.
The Pattern That Makes This RICO
Tran has filed three unlawful detainer actions across 12 years. His first victim — DiBiasi in 2012 — never answered. Default judgment within 37 days. Writ remained unsatisfied for two years — Tran couldn't even enforce it. His second victim — Harman in 2021 — was in COVID financial distress, received a court fee waiver, and was forced to stipulate. Silverstein was the instrument. His third victims — the Gasios in 2024 — are the first tenants in 12 years who documented everything, fought back, and forced the record into the open.

Tran's model depends on tenants who cannot fight. He miscounted this time.
03
2012 Case — OC Court Records — The Tu Firm — Not Silverstein
VERIFIED APR 12 2026 OC SUPERIOR COURT
Case 30-2012-00589701 — Phat Tran vs. Jonathan DiBiasi — The Tu Firm APLC
Filed August 6, 2012 · Default Judgment September 13, 2012 · Writ Unsatisfied November 6, 2014
2012 case summary
Case Summary — 30-2012-00589701 — Unlawful Detainer Residential
2012 case participants
Participants — Defendant: Jonathan DiBiasi — Attorney: The Tu Firm APLC — NOT Silverstein
2012 case register of actions
Register of Actions — Default judgment Sep 13 — Writ issued Oct 5 — Unsatisfied Nov 6, 2014
What the 2012 Case Establishes
The 2012 case confirms Tran as a serial eviction plaintiff going back 12 years before the Gasio case. The attorney was The Tu Firm, APLC — Silverstein was not yet the instrument. DiBiasi never answered the complaint — default judgment was entered 37 days after filing. The writ of possession remained unsatisfied for over two years, suggesting DiBiasi resisted physical removal even after losing legally.

The Tran-Silverstein enterprise partnership begins with Harman in December 2021 — five months before the Gasios moved in. But Tran's pattern of serial eviction predates that partnership by nearly a decade. When Silverstein became available as a more efficient instrument, Tran adopted him. The 2021 and 2024 UDs — same property, same attorney, same Department C61 — satisfy the RICO pattern requirement under 18 U.S.C. §1961(5). The 2012 case deepens the portrait of a landlord whose business model has always been displacement.
04
Financial Motive — Three Tenants — 122% Rent Escalation
CC §1947.12 VIOLATION $28,080 EXCESS RENT NEITHER TENANT VOLUNTARY
19235 Brynn Ct — Three Tenants — All Evicted — 122% Rent Increase — Airbnb Conversion
2020–Present — Financial Motive Documented
Tenant Monthly Rent Increase TPA Cap How They Left
Greta Harman
~2020 — Apr 2022
$3,600 Baseline N/A EVICTED — Silverstein 2021
COVID distress — capitulated
Michael & Yulia Gasio
May 2022 — Aug 2024
72yr · 100% disabled · SSDI · Ukrainian war refugee dependent
$5,000
→ $5,350 yr 3
+38.9%
+$1,400/mo from Harman
Max ~$360/yr
$1,080/mo ABOVE CAP
EVICTED — Silverstein 2024
Manufactured default
5th Amendment invoked
Cardiac event documented
Airbnb — Host "Vui"
Aug 2024 — Present
$7,995 +59.9% from Gasios
+122% from Harman
NO CAP — STR exempt
No STR permit on file
No tenant — uncapped revenue
No HB business license
Smart Invest HB LLC
Excess Rent Extracted Above TPA Cap
$1,080/month × 26 months = $28,080 collected above the lawful AB 1482 cap during the Gasio tenancy. Had Harman remained as a protected tenant, the maximum lawful rent after two years of maximum allowable increases would have been approximately $3,920. Instead Tran collected $5,000 — then evicted to collect $7,995. Neither tenant left voluntarily. Both were removed through proceedings conducted by the same attorney.
05
RICO Pattern Analysis — 18 U.S.C. §1962
18 U.S.C. §1962(c) 2 PREDICATES SATISFIED PATTERN REQUIREMENT MET
Enterprise · Pattern · Predicate Acts · Continuity — All Elements Documented
Pattern: 2021 + 2024 — Same Property — Same Attorney — Same Department — 3 Years Apart
Enterprise — 18 U.S.C. §1961(4)
Tran and Silverstein constitute an association-in-fact enterprise engaged in serial manufactured evictions at 19235 Brynn Ct. The enterprise uses fabricated defaults, fraudulent court filings, and mail/wire fraud to displace residential tenants for Airbnb conversion. Smart Invest HB LLC — filed 84 days post-eviction — is the formal enterprise vehicle under Delaware opacity structure.
Pattern — 18 U.S.C. §1961(5)
RICO requires at least two predicate acts within 10 years constituting a pattern of racketeering activity. The 2021 Harman UD and 2024 Gasio UD are three years apart at the same property with the same attorney. Both involve mail fraud, wire fraud, and fraudulent court filings. Both elements — relatedness and continuity — are satisfied.
Predicate Act 1 — 2021
Tran vs. Harman — December 22, 2021. Silverstein files UD. Service by posting — tenant in COVID distress with fee waiver. Forced stipulated judgment. Writ issued. This is the first documented predicate act of the Tran-Silverstein enterprise.
Predicate Act 2 — 2024
Tran vs. Gasio — July 3, 2024. Same attorney. Same property. Same department. Default manufactured — Tran's own June 25 text: "I want you to default on it." Filed 36 days after habitability complaint. Wire fraud, mail fraud, elder financial abuse, retaliatory eviction all documented. Targeted: 72-year-old 100% disabled senior on SSDI with Ukrainian war refugee dependent.
18 U.S.C. §1962(c)
Conducting enterprise affairs through pattern of racketeering — Tran as principal, Silverstein as instrument, Le as payment mechanism, Anna Ly as fraudulent inducement agent
18 U.S.C. §1964(c)
Civil RICO — treble damages plus attorney fees — applied to $87,530 documented extraction = $262,590 before enhancements
State Bar — RPC 1.7
Silverstein's prior relationship with Tran — 5 months before Gasio tenancy began — established financial incentive to maintain relationship across multiple evictions
06
Key Witness — Greta Harman — Prior Tenant — Located
CORROBORATION WITNESS SAME PROPERTY SAME CONDITIONS
Greta T. Harman — Age 53 — Immediately Preceding Tenant — 19235 Brynn Ct
Tenancy: ~2020–April 2022 · Current: Orinda, CA · Case: 30-2021-01237695
Why Harman Matters
Harman lived at 19235 Brynn Ct immediately before the Gasios. The mold photographed at 11:39 AM on move-in day May 1, 2022 was present during her tenancy. If Harman experienced the same habitability conditions — and there is every reason to believe she did, given that the mold was structural and pre-dated the Gasio tenancy — then Tran had notice of the mold through two consecutive tenancies and failed to disclose it at lease inception to both.

Harman filed her own answer to Silverstein's 2021 UD, declared COVID financial hardship, obtained a fee waiver, and was ultimately forced to stipulate. She fought back with the tools available to her and lost. She may want to speak to investigators about what she experienced at that property.

Note on contact: Harman's information is documented in OC Superior Court public records and address history databases. She has not been contacted by Michael Gasio — that contact, if it occurs, is properly made by law enforcement or investigators to preserve the integrity of her testimony as an uncoached witness.
Corroboration Value
Harman's testimony about property condition during her tenancy would establish that Tran had notice of habitability defects through two consecutive tenancies — strengthening the knowing violation element of CC §1942.4
Pattern Evidence
Two consecutive tenants evicted by the same attorney from the same property under similar circumstances establishes the pattern element for RICO and supports CC §1942.5 retaliatory eviction claims
07
Enterprise Timeline — 2005 to Present
21 YEARS SOLE OWNER THREE TENANTS EVICTED
19235 Brynn Ct — Complete Enterprise Timeline — July 2005 to Present
OC Assessor · OC Superior Court · CA Secretary of State · Confirmed April 12, 2026
Complete Property Timeline
JUL 8, 2005
Tran purchases 19235 Brynn Ct — $870,000 — New construction 2004 — Sole owner — No prior sales on record. APN 111-150-66.
AUG 6, 2012
UD #1 — Tran vs. DiBiasi — The Tu Firm APLC — Default judgment within 37 days — Writ unsatisfied 2 years⚠ Tran's eviction model established: target tenants who cannot fight
~2020
Greta Harman moves in — $3,600/month — Property already has structural mold from pre-tenancy conditions
DEC 22, 2021
UD #2 — Tran vs. Harman — SILVERSTEIN — COVID distress — fee waiver — stipulated judgment⚠ Predicate Act 1 — Tran-Silverstein enterprise activated
MAY 1, 2022
Gasios move in — $5,000/month — Mold photographed at 11:39 AM on move-in day — Sent to Tran and Anna Ly same day — Never remediated
APR 1, 2024
Tran announces property manager — Hanson Le introduced April 4 — Wire fraud mechanism begins activating⚠ 94 days before UD filing
MAY 28, 2024
$5,350 cashier's check mailed USPS — signed for by Le as "H." — never deposited — never returned — Le invokes 5th Amendment⚠ 18 U.S.C. §1341 Mail Fraud
JUN 25, 2024
Tran texts: "I want you to default on it" — written confession — 36 days after formal habitability complaint⚠ CC §1942.5 retaliation presumption triggered
JUL 3, 2024
UD #3 — Tran vs. Gasio — SILVERSTEIN — Dept C61 — Manufactured default — same playbook — same attorney — same department⚠ Predicate Act 2 — Victim: 72yr · 100% disabled · SSDI · Ukrainian war refugee dependent
AUG 5, 2024
Gasios vacate — property immediately converted to Airbnb under host "Vui" — $7,995/month — Vui had been removing furniture during active tenancy June 2024
OCT 28, 2025
Smart Invest HB LLC filed — Delaware — 84 days post-eviction — No HB business license — No STR permit — Tran sole manager⚠ 18 U.S.C. §1961(4) enterprise vehicle — RICO formal documentation
APR 12, 2026
All three UD cases verified in OC Superior Court. 2012 case confirmed — The Tu Firm, not Silverstein. 14411 Brookhurst commercial property confirmed — $1,267,520 assessed value. Portal monitoring confirms agency and law enforcement review ongoing.