I. Purpose, Jurisdiction & Case Theory

This document is the master enterprise analysis combining **judicial casebook structure** with a **DOJ-style RICO prosecution brief**, incorporating all known evidence, actors, timelines, predicate acts, corporate conduct, and state/federal statutory intersections.

It is designed for:

• District Attorney Real Estate Fraud Unit
• FBI Financial Crimes / Public Corruption squads
• USPS Office of Inspector General
• DOJ Civil Division (RICO / Elder Abuse / Fraud)
• California Department of Real Estate
• State Bar of California

The core theory: A coordinated association-in-fact enterprise targeted an elderly tenant household through false pretenses, forged lease instruments, payment interception, mail fraud, wire fraud, retaliatory eviction, habitability concealment, evidence suppression, attorney misconduct, corporate indifference, and price-gouging economic conversion.

II. Enterprise Structure — Overview

The enterprise satisfies the federal definition under 18 U.S.C. § 1961:

• Association-in-fact enterprise consisting of owner, agents, corporate entity, attorney, contractor, and office personnel.
• Common purpose: Obtaining economic benefit through fraudulent eviction and re-rental at significantly higher rates.
• Continuity: Acts spanned 2022–2025, across communications, payments, legal filings, property operations, and suppression.
• Relationships: Clear operational links between each participant.
• Interstate connections: USPS, UPS, Wells Fargo, Airbnb platforms, DocuSign systems, and electronic communications.

III. Enterprise Participants — Full Matrix

Primary Actors

• Phat L.K. Tran — Owner; directed concealment, accepted payments privately, denied receipt publicly, filed false eviction.
• Hanson Le — BHHS agent; signed for certified rent payment, concealed it, resigned, invoked Fifth when contacted by police.
• Anna Ly — Leasing agent; issued forged or inconsistent lease instruments, maintained alias identities, deleted email history.
• Steven D. Silverstein — Eviction attorney; filed false statements, suppressed evidence, threatened elder tenant.
• Richard Rosiak — Defense counsel; abandoned client, withheld files, enabled fraudulent judgment.

Secondary Actors

• LY Construction — Concealed mold, rot, electrical hazards; supported fraud narrative.
• Springfield Marina (BHHS HB Office) — Corporate address for payment interception, failed to escalate fraud reports, refused evidence return.
• BHHS Corporate — Received certified fraud notice, instructed tenant to stop contacting, failed to intervene or preserve evidence.

Witnesses

• Michael A. Gasio — Elder tenant; primary victim; documented entire case.
• Yulia Gasio — Co-tenant; witness to agent misconduct and misrepresentation.
• Tatiana Zyagintseva — Elder resident; PTSD; victim of retaliation and unsafe housing.
• Thao Tran — Daughter of owner; adjacency + relational evidence.

IV. Timeline of the Enterprise (2022–2025)

This timeline consolidates all known events into enterprise-structured phases:

Phase 1 — Inducement & Misrepresentation (2022)

• Mold, rot, electrical hazards concealed at move-in.
• “Ocean view / coastal view” misrepresentation.
• Lease opened under false pretenses by Anna Ly.

Phase 2 — Control & Exploitation (2023)

• Private account payment routing established.
• False promises of repairs; cosmetic-only patching by LY Construction.
• Email deletions begin.

Phase 3 — The Payment Intercept (April–May 2024)

• Renewal payment made via Wells Fargo (accepted).
• Certified check mailed to BHHS — signed for (“H.”).
• Payment concealed, forming basis for false arrears.

Phase 4 — Extortion & Retaliation (June–July 2024)

• “Pay again or be evicted.”
• Threat of credit damage by Silverstein.
• Second payment extracted under duress.
• Mold confirmed by city inspector → retaliation escalates.

Phase 5 — Court Fraud & Attorney Misconduct (Aug 2024 – Jan 2025)

• Silverstein files false declarations despite payment proof.
• Rosiak withdraws days before trial, withholding files.
• False “returned check” narrative presented to judge.

Phase 6 — Profit & Conversion (2025)

• Property re-listed at 25% higher rent.
• Short-term rental conversion at 54% markup.
• Tenant property abandoned or destroyed due to forced move.

V. Predicate Acts — Full RICO Table (Expanded)

VI. Fraud Channels (DOJ Analysis)

1. Payment Channel Fraud

• Interception of certified USPS payment.
• Private account diversion by owner.
• False reporting of nonpayment.

2. Document Channel Fraud

• Forged lease versions (13-month contract).
• Deleted emails from Anna Ly.
• Suppression of DocuSign metadata.

3. Legal Process Fraud

• False UD filings by Silverstein.
• Attorney abandonment by Rosiak.
• Defective service of 3-Day Notice.

4. Corporate Channel Fraud

• BHHS failure to escalate or investigate.
• Corporate silence after fraud notice.
• Manager instructing tenant to stop contacting.

5. Housing & Construction Fraud

• Mold painted over; rot concealed.
• False “carpet repair” invoice of $7,837.
• No permits or proper abatement.

VII. Elder Abuse & Retaliation Framework

Both Michael (age 72) and Tatiana (elder with PTSD) qualify as protected persons under:

• W&I §15610.30 — Financial abuse of elders
• W&I §15610.07 — Neglect; emotional abuse
• Civ. Code §1940.2 — Coercion & intimidation
• Civ. Code §1942.5 — Retaliatory eviction

All defendants acted with knowledge of household vulnerabilities.

VIII. Interstate Commerce Trigger

Federal jurisdiction is triggered by:

• USPS certified mail
• UPS overnight delivery
• Wells Fargo interstate banking
• DocuSign (interstate servers)
• Airbnb (interstate digital commerce)

These satisfy the “affecting interstate commerce” element of 18 U.S.C. § 1962.

IX. Remedies & Penalties (Civil & Criminal)

Federal RICO — 18 USC §1963

• Up to 20 years imprisonment (or life if predicate allows)
• $250,000 per individual / $500,000 corporate fine
• Mandatory forfeiture of proceeds

Civil RICO — 18 USC §1964(c)

• Treble damages
• Fees & costs

California Enhancements

• Elder abuse damages (W&I §15657)
• Treble punitive damages (Civ. Code §3345)
• Rent gouging penalties (PC 396)

X. Recommended Agency Actions

• OCDA: Real estate fraud, perjury, forgery, extortion, conspiracy.
• FBI: Mail/wire/bank fraud; RICO enterprise investigation.
• USPS OIG: Mail interception by BHHS agent.
• DRE: Agent misconduct; forged lease documents.
• State Bar: Misconduct of Silverstein and Rosiak.
• HUD: Retaliatory eviction & habitability fraud.

XI. Final Prosecutorial Statement

The defendants’ coordinated actions demonstrate deliberate, multi-year engagement in fraud, coercion, concealment, and targeted exploitation of an elder household. All statutory elements for RICO, elder abuse, retaliation, real estate fraud, mail/wire fraud, forgery, and evidence suppression are satisfied by the record.

This enterprise represents a complete breakdown of ethical practice across real estate, legal representation, corporate oversight, and tenancy law.