9
Federal Felony
12
CA Felony / Wobbler
6
Civil / Admin
8
Admission-Driven
$21,050+
Proven Extraction
PAYMENT FRAUD MAP -- Corrected Accounting Months 25 through 27
| Month | Date / Event | Amount | Tran Court Claim | Documentary Proof | Charge |
|---|---|---|---|---|---|
| 25 | April 19, 2024 Wells Fargo wire | $5,000 | "Never received" | Wire Conf. OW00004382456864 -- Bank record Produced in court | 18 USC 1344 |
| 26 | May 30, 2024 USPS cashier check to BHHS | $5,350 | "Never received" | USPS 9534914882764149935944 signed H at BHHS -- Memo: Payment 26 of 37 "Hanson has the check" | 18 USC 1341 |
| 26 | Off-contract extortion demand -- private account | $5,350 | Not disclosed to court | Tran phone call -- "Put money in my accountalso or I'll kick you out" We have the chashers check, put $5,350 more in my private account outside the contract or I will kick you out | PC 518 |
| 27 | July -- court-ordered duplicate on false testimony | $5,350 | Obtained via perjury | "Sorry I did not know you paid" -- Acknowledgment by owners text message. in court showed physical copy of text message Silverstein and Tran accknowlaged physical copy of text message by owner. | 18 USC 1343 |
| Total Fraudulent Extraction | $21,050+ | Plus security deposit, LY Construction invoice fraud ($7,837), and unreturned eCheck | |||
Level I
Federal Felony -- Primary / Predicate Charges
9 Counts -- Max 30 yrs+
| Statute | Title / Conduct | Key Evidence Anchors | Max Exposure | Plea-Down |
|---|---|---|---|---|
| 18 USC 1962 RICO | Racketeering Enterprise -- Tran, Le, Anna Ly, Silverstein, and BHHS operating as enterprise using mail, wire, and property fraud predicates. DocuSign 46CC8725 routing payments to Le personal Wells Fargo account 3312942937. Authentisign log April 28, 2024 5:36 PM via BHHS corporate email destroys ignorance defense. Tran text "Both Hanson and myself are in a lot of trouble" -- spontaneous admission of joint enterprise culpability. | DocuSign 46CC8725Acct 3312942937Authentisign 4/28"Both in trouble" | 20 yrs + Forfeiture | 1349 Conspiracy |
| 18 USC 1341 / 1343 | Mail and Wire Fraud -- April 19 wire Conf. OW00004382456864 concealed from court. May 30 USPS cashier check Tracking 9534914882764149935944 signed "H" at BHHS -- check memo reads "Payment 26 of 37" -- self-identifying document. July eCheck retained while falsely claimed returned by mail. Tran own text: "Sorry I did not know you paid to the Hanson account." Payment substitution fraud: May 30 month 26 payment recharacterized as late month 25 to manufacture the 3-Day Notice basis. | Wire OW00004382456864USPS 9534914882764149935944Memo: Pmt 26 of 37Substitution fraud | 20 yrs + $250k | 1001 Misdemeanor |
| 18 USC 1344 | Bank Fraud -- Financial institutions used to conceal and extract rent funds. April 19 deposit concealed. Security deposit check held over 3 days past Regulation CC release, then Tran claimed "lost in mail" -- retaining both the check funds and the deposit simultaneously. Silverstein asked at trial: "Did you cash the check?" -- check sealed, submitted for forensic print analysis. Tran and Silverstein signed written acknowledgment no prior repayment occurred. | Reg CC hold 3+ daysSealed checkSilverstein acknowledgment | 30 yrs + $1M | 1014 False Entry |
| 18 USC 1028A | Aggravated Identity Fraud -- Use of Berkshire Hathaway HomeServices corporate seal without authorization (PC 472). Hanson Le used false title and BHHS corporate affiliation in communications. Exhibit 1017 shows unauthorized seal. RICO49abcd documents false title presentation sequence. Authentisign corporate email chain establishes BHHS brand used in unauthorized routing scheme. | Exhibit 1017RICO49abcdPC 472 | 2 yrs Mandatory | Merge with 1343 |
| 18 USC 1503 / 1512 | Obstruction and Witness Tampering -- Hanson Le invoked Fifth Amendment with HBPD re: rent handling. Rosiak withdrawal letter arrived January 10, 2025 three days before January 13 trial. Rosiak falsely claimed reentry "not legally permitted" -- confirmed false under California procedure. State Bar formal disciplinary proceeding open. 169 documented communications to HBPD. Lt. Randell made written commitments not honored. IA File AI 26-0003 disposed "UNFOUNDED" without victim contact. | Le 5th AmendmentRosiak Jan 10 letterIA AI 26-0003169 communications | 10-20 yrs | 1512(d) Harassment |
| 18 USC 1621 | Perjury and False Declarations -- Tran testified no payments were made and no Year-3 contract existed. Both directly contradicted by Wire Conf. OW00004382456864, USPS Tracking 9534914882764149935944 signed "H", and Tran own text: "Sorry I did not know you paid to the Hanson account." Tran confirmed under oath authorship of document shown to be forged: "Did you write this?" -- "Yes." Cashier check memo "Payment 26 of 37" self-identifies the payment Tran denied receiving. | "Did you write this?" "Yes""Sorry I did not know"Memo 26 of 37 | 5 yrs | 1001 Plea |
| 18 USC 1951 Hobbs Act | Extortion Under Color of Official Right -- TWO SEPARATE ACTS. Tran: "Put money in my account or I'll kick you out" -- phone call on night of 3-Day Notice, while both April 19 deposit and May 30 check were already in defendants' possession. Silverstein: "Write me a check or I'll put an eviction on you" -- stated twice in courthouse hallway. Two defendants, two separate extortion acts, both using housing and judicial process as threat instruments. | Tran phone callSilverstein courthouse x2Dual extortion | 20 yrs | 1952 Travel Act |
| 18 USC 1956 | Money Laundering -- Proceeds of fraud transferred through financial institutions. LY Construction false invoice ($7,837 for $0.88 per sq ft used carpet) used to retain security deposit proceeds. Post-eviction Airbnb conversion at $7,890 per month (57.8% above prior $5,000 rent) establishes proceeds funding ongoing STR enterprise. Tran admitted in writing eviction was because "he never raised the rent" -- proving eviction was financial rather than legal. | LY ConstructionAirbnb $7,890/mo57.8% premium"Never raised rent" | 20 yrs + $500k | 1957 Transaction |
| 26 USC 7201 | Tax Evasion -- Rental income routed to personal Wells Fargo account 3312942937 outside real estate trust account structure. California law requires security deposits held in trust -- Tran appears not to have maintained one, explaining inability to return deposit. Off-book payment routing consistent with undeclared rental income. Tran held multiple variable-rate loans and was financially upside-down at time of tenancy -- financial distress motive for income concealment. | Acct 3312942937No trust accountVariable-rate loans | 5 yrs + $100k | 7207 Misdemeanor |
Level II
California Felonies and Wobblers
12 Counts
| Code | Conduct | Key Evidence | Max Exposure | Plea-Down |
|---|---|---|---|---|
| PC 518 Tran | Extortion -- Tran -- "Put money in my account or I'll kick you out." Demand made with knowledge both prior payments were in hand. Leveraging tenant housing need to extract off-contract payment into personal account. | Phone call admission3-Day Notice night | 4 yrs | 524 Attempt |
| PC 518 Silverstein NEW | Extortion by Attorney -- Silverstein -- "Write me a check or I'll put an eviction on you" stated twice in courthouse hallway. Use of judicial process as threat instrument by licensed attorney. Separate and independent count from Tran extortion. Satisfies all elements of PC 518 independently. | Courthouse x2Bus Prof 6128(a) | 4 yrs | 524 Attempt |
| PC 470 | Forgery -- Lease documents bearing unauthorized BHHS corporate seal (Exhibit 1017). Anna Ly transmitted unauthorized renewal documentation via DocuSign 46CC8725. Tran altered contract after payment was made (Exhibit 1073 admission of new paperwork). Three DocuSign requests sent March 2024 manipulating renewal chain. | Exhibit 1017Exhibit 1073PC 472 seal | 3 yrs | 476 Uttering |
| PC 118 | Perjury Under Oath -- False testimony re: non-payment directly contradicted by Wire Conf. OW00004382456864, USPS 9534914882764149935944 signed "H", and Tran own text "Sorry I did not know you paid to the Hanson account." Tran confirmed under oath authorship of forged document. Payment substitution fraud manufactured the court record itself -- month 26 recharacterized as late month 25. | "Sorry I did not know"Bank recordsPayment substitution | 4 yrs | 132 Reduced |
| PC 487 | Grand Theft Over $950 -- Security deposit retained via LY Construction false invoice ($7,837 for $0.88 per sq ft used carpet billed as new). July eCheck retained. Extortion payment $5,350 never returned or credited. Total fraudulent extraction $21,050+ across documented payment events each individually exceeding grand theft threshold. | LY Construction $7,837$21,050 totalCarpet $0.88/sq-ft | 3 yrs | 484 Petty Theft |
| PC 496 | Possession of Stolen Funds -- Retention of April 19 wire, May 30 cashier check proceeds, July eCheck funds, extortion payment, and security deposit -- all after Tran and Silverstein signed written acknowledgment that no prior repayment had occurred. Possession with knowledge confirmed by defendants own texts. | Acknowledgment signedTran texts | 3 yrs | Restitution |
| PC 182 | Criminal Conspiracy -- Coordinated concealment between Tran, Hanson Le, Anna Ly, and Silverstein. Authentisign log April 28, 2024 5:36 PM via BHHS corporate email establishes corporate awareness. Tran: "Both Hanson and myself are in a lot of trouble" -- spontaneous joint culpability admission. Cure-window text from Tran to Le proves Le knew payment was available when 3-Day Notice was being processed against the tenant. | "Both in trouble"Authentisign 4/28Cure-window text | 3 yrs | Misdemeanor |
| PC 368 | Elder Abuse -- Fraud of Senior -- Michael Gasio: retired school administrator, documented cardiac vulnerability (10-day Holter monitor, beta-blocker treatment initiated), 20-week psychological treatment, 100% medically unable to work. Owner informed of medical condition in writing (Exhibit 1063). Deliberate continuation of fraudulent eviction scheme against known medically vulnerable elder after written notice of condition. | Exhibit 1063Holter monitor20-wk psych treatment | 4 yrs | 368(f) Reduction |
| PC 115 | Filing False Instrument -- Defective 3-Day Notice: single envelope, unsigned by serving party, CCP 1162 jurisdictional void. Manufactured court record via payment substitution fraud. False lease documents and forged seal instrument filed in OC Superior Court proceedings. | CCP 1162 voidSingle envelopeUnsigned | 3 yrs | 115.5 Lower Count |
| Bus Prof 6128(a) | Attorney Fraud and Deceit to Court -- Rosiak withdrawal letter January 10, 2025 -- three days before January 13 trial. Rosiak falsely claimed reentry "not legally permitted" -- confirmed false under California procedure. Case did not conclude until April 2025. State Bar formal disciplinary proceeding open. Silverstein courthouse extortion ("Write me a check or I'll put an eviction on you") adds separate count of attorney misconduct. | Jan 10 letterFalse "not permitted"State Bar open | 6 mo + Fine | Bar Review |
| PC 245 NEW | Assault with Deadly Weapon -- Vehicle -- Pickup-truck intimidation incident (Exhibit TOP-07). Documented physical intimidation using vehicle directly tied to tenancy dispute timeline following mold complaint. Establishes retaliatory physical conduct beyond financial predicates. Relevant to elder abuse enhancement and pattern of harassment. | Exhibit TOP-07Truck incidentPost-mold complaint | 4 yrs | 240 Attempt |
| Civ Code 3345 | Senior Abuse -- Treble Damages -- Civil multiplier for fraud against documented elder victim. Base extraction $21,050+ plus security deposit and LY Construction fraud trebles to $63,150+ floor before punitive and consequential damages. Medical costs (cardiology billing, 20-week psychological services) add further to base calculation. Applies to all counts where Michael Gasio's elder status and documented vulnerability are established. | $21,050 baseTreble = $63,150+Medical costs | Civil -- Treble | Single Stipulation |
Level III
Misdemeanor / Administrative / Civil Remedies
6 Instruments
| Code | Conduct | Key Evidence | Penalty | Resolution |
|---|---|---|---|---|
| Civ Code 1950.5 | Security Deposit Theft -- Deposit never returned. LY Construction false invoice used to retain funds. Sealed uncashed check submitted for forensic print analysis. Tran held deposit over 3 days past Regulation CC release then claimed "lost in mail" -- simultaneously retaining both the check proceeds and the deposit. | Sealed checkReg CC violationLY invoice | 2x Deposit + Costs | Restitution |
| Civ Code 1942.5 | Retaliatory Eviction -- "Move out by noon" threat within days of mold complaint (Exhibit T12a). UD filing followed certified mold notice. AB1482 just cause protections apply to 3-year tenancy. Tran admitted in writing eviction was because "he never raised the rent." January 7, 2025: LA County extended rent limits tied to declared emergencies. | T12a noon threat"Never raised rent"AB1482 | $2k + Costs | Mediation |
| Bus Prof 10176 / 10138 | Broker Misrepresentation and Trust Account Violation -- Hanson Le DRE 01358448: routed payments to personal account via DocuSign 46CC8725, invoked Fifth Amendment, left BHHS. BPC 10138 requires all client funds held in trust -- personal routing to account 3312942937 is a direct violation. DRE Complaint No. 1-24-0513-010 open. DRE Accusation H-40694 LA conflict-of-interest flag on Investigator Tom Nguyen. Demand letter sent to SSI Jerusha White. | Acct 3312942937BPC 10138DRE 1-24-0513-010 | License Revocation | Consent Order |
| Gov Code 12955 | Discriminatory Housing -- Retaliatory conduct, false ocean view and laundry listings on Zillow and Homes.com, and targeting of documented elder tenant. Supports HUD referral as supplemental enforcement pathway alongside DRE, FBI, and FTC filings. | Ocean view fraudHomes.com listingElder targeting | $25k Fine | HUD Mediation |
| PC 415 / 646.9 NEW | Threats and Stalking -- Pickup-truck intimidation (Exhibit TOP-07). Drone surveillance of tenant residence during dispute period (Exhibit DA39). Repeated threatening communications (Exhibit 1076). Pattern of targeted harassment against medically vulnerable elder following mold complaint and fraud reporting. | TOP-07 truckDA39 droneExhibit 1076 | 90 days / 1 yr | Infraction / Probation |
| UCL 17200 | Unlawful Business Practices -- False ocean view and laundry listings. Anna Ly unlicensed operations via AP Silk Arts Inc. and LY Construction conflict. AB1482 circumvention via intentional reclassification of renewal as new lease to reset rent protections. Airbnb repositioning using fraudulently obtained vacant possession at 57.8% premium. Each act independently actionable at $2,500 per occurrence. | Zillow Homes.comAB1482 bypassAirbnb $7,890 | $2.5k per Act | Restitution + Order |
Admissions
Charges Proven by Defendants Own Statements -- No Investigation Required
8 Self-Proving Acts
| Admission | Source / Context | Charge Established | Why No Investigation Required |
|---|---|---|---|
| "Hanson has the check" | Tran -- text during 3-Day cure window | 18 USC 1341 Mail Fraud -- Tender perfected -- Kills non-payment claim entirely | Owner confirms delivery in writing during the legally operative cure period. The legal tender is complete. No dispute possible on this element. |
| "Sorry I did not know you paid to the Hanson account" | Tran -- text message | PC 118 Perjury -- 18 USC 1621 -- Fraud on the court | Tran admits knowing payments were made. Directly contradicts every statement made under oath. The text is the confession and the crime in the same document. |
| "Both Hanson and myself are in a lot of trouble" | Tran -- text Exhibit 1042 | PC 182 Conspiracy -- Consciousness of guilt -- 18 USC 1962 | Spontaneous admission of joint criminal culpability by name. No expert analysis required. The statement identifies both defendants and acknowledges shared wrongdoing. |
| "Put money in my account or I'll kick you out" | Tran -- phone call night of 3-Day Notice | PC 518 Extortion -- 18 USC 1951 Hobbs Act | Textbook extortion. Threat plus demand plus housing leverage plus known prior payments in hand. Tran own words satisfy every statutory element. |
| "Write me a check or I'll put an eviction on you" | Silverstein -- courthouse hallway stated twice | PC 518 Extortion -- Bus Prof 6128(a) -- 18 USC 1951 | Attorney using judicial process as a threat instrument. Witnessed. Stated twice. Self-proving extortion by officer of the court requiring no circumstantial inference. |
| "Did you write this?" -- "Yes" | Tran -- court record under oath | PC 118 Perjury -- PC 470 Forgery | Tran confirmed under oath authorship of a document shown to be forged. The court transcript contains both the question and the admission. The record proves itself. |
| Fifth Amendment invocation re: rent handling | Hanson Le -- HBPD questioning | PC 496 Stolen funds -- BPC 10138 Trust violation -- Embezzlement predicate | Le refused to answer police questions about rent handling. Combined with DocuSign routing to personal account 3312942937, the embezzlement predicate is complete without further testimony needed from Le. |
| Check memo: "Payment 26 of 37" | Cashier check -- May 30, 2024 | 18 USC 1341 Mail Fraud -- PC 118 Perjury predicate | The cashier check identifies itself as month 26. Tran told the court month 26 was never paid. The document speaks for itself. No testimony, no expert, no argument required. The check is the rebuttal. |
Legal Disclosure
This matrix is intended solely for use by law enforcement, licensed attorneys, and regulatory agencies. All persons named in referenced complaints are presumed innocent unless and until proven guilty in a court of law. All statutes are verified and appear in the Statute Glossary. This document does not constitute legal advice and has not been independently vetted. Law enforcement and legal personnel are advised to verify all facts through official channels. Jurisdiction: State of California | OC Superior Court No. 30-2024-01410991-CL-UD-CJC | Evidence portal: gasiomirror.com (DA code: OCDA -- HBPD code: HBPD)