Criminal Referral ? Active Steven D. Silverstein Esq. ? Bar #130763 State Bar Proceeding Open ? Investigator Devin Urbany Prior Court Finding ? $8.7M Ekstrom Award Confirmed gasiomirror.com ? IP Logging Active Gasio v. Tran et al. ? No. 30-2024-01410991-CL-UD-CJC
? Criminal Referral ? Act III Defendant 04  ?  State Bar #130763  ?  45 Years Practice
Steven D. Silverstein
Attorney at Law  ?  Silverstein Eviction Law  ?  Tustin, CA 92780
The officer of the court who walked in carrying 200 emails of proof, watched his client swear under oath no rent was ever received, and said nothing. Then asked for a check in the hallway.
PC ?127 Subornation of Perjury PC ?518 Extortion PC ?115 False Filing 18 USC ?1341 Mail Fraud 18 USC ?1343 Wire Fraud Rule 3.3(a) Candor to Tribunal Prior Adverse Finding: Ekstrom
Defendant Profile
State Bar No.130763
Admitted1979 ? 46 yrs
Law SchoolWestern State Univ.
UndergradCSULB ? B.S. 1975
Practice100% UD / Eviction
Prior Adverse Award$8.7M Ekstrom
State Bar StatusActive Proceeding
InvestigatorDevin Urbany
Avvo Rating2.6 / 10 ? Caution
BBB StatusNon-Accredited
Criminal Counts6 Charged
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Prior Court-Confirmed Adverse Finding ? OC Superior Court
$8.7 Million Arbitration Award Confirmed Against Silverstein
by Judge William D. Claster ? Ekstrom v. Silverstein et al.
Arbitrator Ronald S. Prager (Ret. San Diego Superior Court) found, after a 15-day hearing, that Silverstein breached his professional duties as partnership counsel, failed to obtain informed written consent to represent multiple clients with conflicting interests, and failed to obtain informed consent to enter a contingent fee business transaction with a client. The award ? $8.7 million plus over $2 million in attorneys' fees ? was confirmed by OC Superior Court. The prevailing attorneys were William S. O'Hare and Sean M. Sherlock of Snell & Wilmer L.L.P. ? the same firm now receiving this referral packet in Gasio v. Tran.
$8.7M
CONFIRMED AWARD
COURT CONFIRMED
+ $2M ATTY FEES

This is not a first offense. It is not a mistake. It is a pattern. The Ekstrom finding documents an attorney who simultaneously represented parties with conflicting interests, concealed that conflict, and used his position to extract value from clients who trusted him. The conduct in Gasio v. Tran follows the same architecture: Silverstein entered this case holding documented proof that his client's sworn testimony was false, proceeded anyway, and then leveraged the threat of eviction to extract a cash payment in a courthouse hallway. The arbitrator's findings are on the public record. Judge Claster's confirmation order is on the public record. This is who Silverstein is ? not who he became.

Criminal Charges ? Six Counts
Filed: Gasio v. Tran et al.
COUNT
1
BEST COUNT
PC ?127 ? California Penal Code
Subornation of Perjury
State Felony Smoking Gun Officer of Court
At trial, Phat Tran testified under oath that he never received rent payment. At the moment that testimony was delivered, Silverstein's office email ? printed on the 3-Day Notice itself ? had already received 200+ documented payment emails acknowledged openly in court. Silverstein's own associate had reviewed the complete evidence binder over a shared lunch before trial. Silverstein permitted the testimony. He said nothing. Under PC ?127, an attorney who knows his client is committing perjury and permits it to proceed is guilty of subornation of perjury. There is no good-faith defense available when the attorney has physically reviewed the contradicting evidence.
? Proof Anchors
  • Silverstein's office email address printed on 3-Day Notice ? same address that received all payment confirmations
  • Open-court acknowledgment of 200+ payment email volume ? eliminates ignorance defense
  • Silverstein associate reviewed full evidence binder before trial ? establishes actual knowledge
  • Tran sworn testimony: "No rent was ever received" ? false statement of material fact
  • State Bar complaint ? Investigator Devin Urbany ? active enforcement track
ExposureUp to 4 Years State Prison
ClassificationCalifornia Felony
Bar ConsequenceMandatory Disbarment Track
COUNT
2
FELONY
PC ?518 / 18 USC ?1951 ? Hobbs Act
Extortion ? Courthouse Hallway Demand
State + Federal Hobbs Act
In the courthouse hallway, before the second hearing, with full knowledge that Hanson Le had confirmed receiving the cashier's check, Silverstein approached the tenant and stated: "Write me a check for the entire bill or I'm going to put an eviction on you." This statement was made twice. The demand was made while wielding the threat of active legal process the attorney controlled. Using the threat of legal proceedings to compel payment of a disputed debt ? particularly when the attorney knows the underlying claim is not supported ? constitutes extortion under PC ?518 and Hobbs Act extortion under 18 USC ?1951.
Direct Quote ? Court Testimony on Record
"Write me a check for the entire bill or I'm going to put an eviction on you."
Steven D. Silverstein ? courthouse hallway, stated twice, before second hearing
? Proof Anchors
  • Statement made twice ? rules out ambiguity
  • Hanson Le text confirmation ? attorney knew check had been tendered and was available
  • Demand made while controlling the legal process being threatened
  • Court testimony documenting the hallway exchange
State Exposure4 Years ? PC ?518
Federal Exposure20 Years ? 18 USC ?1951
COUNT
3
FELONY
PC ?115 ? California Penal Code
Filing Forged / False Instrument in Court Proceeding
State Felony
Silverstein submitted two instruments to the Superior Court that are independently infirm as matters of documentary record. First: a lease dated June 1, 2024, post-dating by weeks the valid April 28, 2024 Authentisign renewal already on file ? presenting a fabricated instrument as the operative agreement. Second: the 3-Day Notice submitted as a valid process document was unsigned, carried no proof of service, and was delivered in a single envelope to both named tenants ? a structural defect fatal to its validity under California unlawful detainer procedure. Filing instruments known to be forged or legally void in a court proceeding is a felony under PC ?115.
? Proof Anchors
  • Exhibit TOP-08 ? Defective 3-Day Notice: unsigned, no proof of service, single-envelope dual service
  • Submitted.PDF ? Fabricated June 1 lease: post-dates valid April 28 Authentisign renewal
  • Tran's own court filing confirms $5,000/month rent ? demolishes inflated lease claims
  • Authentisign timestamp April 28, 2024, 5:36 PM ? destroys any ignorance defense on operative lease
Exposure3 Years ? PC ?115
EffectFraud on the Court
COUNT
4
FEDERAL
18 USC ?1341 ? Federal Mail Fraud
Mail Fraud ? Fraudulent 3-Day Notice and Security Deposit Statement
Federal Felony
Silverstein mailed the fraudulent 3-Day Notice and the fraudulent Security Deposit Statement to the tenant via the U.S. Postal Service. Both instruments were based on the false premise that no rent had been received ? a premise Silverstein knew to be false from day one of the proceeding, as payment documentation had been transmitted to his office address by the time these mailings were dispatched. Each use of the mail in furtherance of a scheme to defraud constitutes a separate count of federal mail fraud under 18 USC ?1341.
? Proof Anchors
  • USPS delivery records ? 3-Day Notice mailed with knowledge of payment
  • Security Deposit Statement transmitted by mail ? based on false non-payment claim
  • Payment email timestamps pre-date both mailings ? establishes prior knowledge
  • Exhibit T98 ? mailing documentation
Federal Exposure20 Years Per Count ? 18 USC ?1341
COUNT
5
RULE 3.3
CCP ?367 / CRPC Rule 3.3(a)
Fraud on the Court ? No Standing / Candor to Tribunal
Standing Defect Bar Ethics
The signed Authentisign lease ? the very document Silverstein submitted to the court ? identifies Berkshire Hathaway HomeServices California Properties as the payment recipient, not Dr. Phat Tran personally. Silverstein never produced any authorization from BHHS to collect the debt on Tran's behalf. He prosecuted an unlawful detainer action for a plaintiff who, under the terms of the lease Silverstein himself filed, was not the real party in interest under CCP ?367. Additionally, Hanson Le ? the central payment witness who invoked the Fifth Amendment with HBPD ? was never called to testify, and Silverstein did not disclose Le's Fifth Amendment invocation to the court. Rule 3.3(a) requires candor to the tribunal. Concealing the Fifth Amendment invocation of the key payment witness is its direct violation.
? Proof Anchors
  • Exhibits 1035, 1036 ? Lease payment clause naming BHHS as payee, not Tran
  • No BHHS authorization produced at any point in proceedings
  • Hanson Le invoked Fifth Amendment with HBPD ? never disclosed to court by Silverstein
  • HBPD documentation of Le's Fifth Amendment invocation
ConsequenceVoid Judgment ? CCP ?367
Bar ExposureDiscipline / Disbarment
COUNT
6
FEDERAL
18 USC ?1341 / PC ?118 ? Closing Argument Fraud
False Statement to Court ? "Returned by Mail" Closing Argument
Federal USPS Proof
In closing argument, Silverstein represented to the court that the July 2024 rent payment had been "returned by mail." This statement is false on two independently provable grounds: First: the July payment was an electronic wire transfer ? not a paper instrument. A wire transfer cannot be returned by mailing a letter. The bank record is dispositive. Second: USPS Tracking No. 9589071052701436618330 shows the alleged return letter was still in transit on the date of the court hearing ? it had not been delivered to the tenant before judgment was entered. The court then ordered the tenant to pay July rent again ? directly to Silverstein ? based solely on this testimony, with no documentary evidence admitted by the plaintiff.
? Proof Anchors
  • Wells Fargo wire confirmation ? July payment was electronic, not a check
  • USPS Tracking No. 9589071052701436618330 ? letter still in transit on hearing date
  • Tran's own court filing confirms $5,000/month rent ? confirms July payment amount
  • Court judgment ordering re-payment to Silverstein directly ? financial extraction documented
Federal Exposure20 Years ? 18 USC ?1341
Double Recovery$5,000 Extracted from Court Order
Sequence of Conduct ? What Silverstein Knew and When
Day 1
Eviction Filed
Payment Documentation Received at Silverstein's Office Email
The office email address printed on the 3-Day Notice was the same address receiving all payment confirmation emails. Silverstein's firm had the proof before the proceeding began. He filed anyway.
Pre-Trial
Evidence Review
Associate Reviews Complete Binder Over Lunch
Silverstein's own associate reviewed the full tenant evidence binder before trial. 200+ payment emails acknowledged in open court. The firm had actual knowledge of every payment. Trial proceeded.
Courthouse
Hallway
"Write Me a Check or I'm Going to Put an Eviction on You"
Before the second hearing, knowing Hanson Le had confirmed receiving the cashier's check, Silverstein made his demand ? twice. The payment he was demanding had already been made and documented.
Closing
Argument
Closing Argument: July Rent "Returned by Mail"
July payment was a wire transfer ? not a check. The alleged return letter was still in transit per USPS tracking. The court ordered the tenant to pay July again ? directly to Silverstein.
Post-Trial
Jan 10, 2025
Co-Defendant Rosiak Withdraws ? 3 Days Before Trial
Defense counsel Richard Rosiak's withdrawal letter arrived Friday, January 10, 2025 ? three days before Monday trial. Rosiak claimed reentry "not legally permitted" ? confirmed false under California procedure. State Bar complaint filed.
2023
Ekstrom
$8.7M Arbitration Award Confirmed by Judge Claster
Arbitrator Prager (Ret.) found Silverstein breached professional duties, failed to obtain informed consent for conflicting representation, and illegally obtained a client release. Same pattern. Different victim. Snell & Wilmer attorneys O'Hare and Sherlock prevailed.
Ekstrom Matter ? Pattern Evidence Under FRE 404(b)
Confirmed by OC Superior Court ? Nov. 2023
Ekstrom v. Silverstein, Felix & Stanley W. Ekstrom Foundation
OC Superior Court ? Judge William D. Claster ? Arbitrator Ronald S. Prager (Ret.) ? Snell & Wilmer: O'Hare, Sherlock, Sonnenberg
What the Arbitrator Found
Silverstein breached his professional duties as partnership counsel to look out for the interests of all partners.
Silverstein failed to obtain informed written consent to represent multiple clients with conflicting interests in the transactions.
Silverstein failed to obtain informed written consent to enter into a contingent fee business transaction with the partnership ? a direct financial conflict.
An agreement Silverstein obtained from Rob Ekstrom was found to have been illegally obtained and declared unenforceable.
Pattern Match ? Gasio v. Tran
EKSTROM PATTERN ? GASIO PARALLEL

Conflicting representation without consent ? Prosecuted eviction for Tran while knowing BHHS (the contractual payee) had not authorized collection; never disclosed conflict.

ILLEGALLY OBTAINED RELEASE ? PAYMENT EXTRACTION

Illegally obtained Rob Ekstrom release ? Courthouse hallway demand for check under threat of eviction proceedings; court-ordered re-payment of July rent directly to Silverstein.

CONCEALED CONFLICTS ? CONCEALED WITNESS

Failed to disclose conflicts ? Failed to disclose Hanson Le's Fifth Amendment invocation to the court; failed to call the only payment witness.

FRE 404(b) ADMISSIBILITY: Prior acts showing knowledge, intent, plan, and absence of mistake are admissible to prove conduct on the charged occasion conforms to an established pattern.

Public Record ? Independent Third-Party Sources
Avvo.com ? Public
2.6/10
? STRONG CAUTION RATING
7 client reviews. Avvo's own scale labels 2.6 as "Strong Caution." No peer endorsements on file. Multiple reviews cite non-appearance at hearings, invalid filings, and refusal to acknowledge errors.
BBB ? Better Business Bureau
NOT ACCREDITED
Failure to Respond to Complaint
BBB records show one unanswered consumer complaint on file. Business chose not to respond. Not accredited under BBB Standards for Trust.
Self-Declared Operating Philosophy
"I plead guilty."
His Own Words ? about.me Profile
"I have been accused of being overly aggressive in doing these evictions. I plead guilty and I will strive to kick your tenant out as fast as legally possible."
Martindale-Hubbell
2026 Notable
Peer Recognition ? Not Conduct
Martindale shows a 2026 "Notable" peer award. Peer recognition ratings measure reputation within the legal community, not ethical compliance. The Ekstrom finding and State Bar proceedings are the relevant measures here.
Snell & Wilmer ? Court Record
$8.7M + $2M Fees
Court Confirmed ? Judge Claster
November 2023 OC Superior Court confirmation. O'Hare and Sherlock prevailed. Arbitrator Prager found breach of professional duties and illegal release. This is the only objective third-party adjudication of Silverstein's conduct on record.
Ripoff Report ? Multiple
Pattern of Conduct
Landlord Clients ? Multiple Reports
Multiple landlord clients report non-appearance, unreviewed filings dismissed by courts, refusal to refile errors, and billing disputes. One reviewer ? a tenant who visited his office ? reports Silverstein encouraged filing a demurrer "so he could get more fees from his client."
State Bar of California ? Active Proceedings
Bar Number
130763
Steven David Silverstein
Admitted 1979 ? Active
Proceeding Status
Active Enforcement
Investigator: Devin Urbany
Complaint filed by Michael Gasio
Prior Record
Ekstrom on File
$8.7M award for breach of professional duties and conflicting representation ? publicly documented prior to this complaint
Complete Charge Summary ? Silverstein
# Statute Charge Key Evidence Exposure
1 PC ?127 Subornation of Perjury ? BEST COUNT Office email on 3-Day Notice received all payments; 200+ emails acknowledged in court; associate reviewed binder 4 yrs state prison
2 PC ?518
18 USC ?1951
Extortion ? Courthouse Hallway (?2) "Write me a check or I'll put an eviction on you" ? stated twice; Hanson Le text confirms payment available 4 yrs state / 20 yrs federal
3 PC ?115 False Filing ? Fabricated Lease + Defective Notice June 1 lease post-dates April 28 Authentisign; 3-Day Notice unsigned, no POS, single envelope 3 yrs state prison
4 18 USC ?1341 Mail Fraud ? Fraudulent Mailings 3-Day Notice and SD Statement mailed with prior knowledge of payments; USPS records 20 yrs federal per count
5 CCP ?367
CRPC 3.3(a)
Fraud on Court ? No Standing / Concealed Witness BHHS named payee in submitted lease; Le invoked 5th to HBPD ? never disclosed to court Void judgment + disbarment
6 18 USC ?1341
PC ?118
False Closing Argument ? "Returned by Mail" July payment was wire (not check); USPS tracking 9589071052701436618330 ? in transit on hearing date 20 yrs federal; $5,000 extracted