Lease Exhibit – Direct Deposit to Private Account Confirmed by Owner Initials

Summary

This page from the April 26, 2024 lease contract shows that Phat Tran (owner) initialed and authorized monthly rent payments to be made directly to the private account of Hanson Le at Wells Fargo Bank — account ending in 32942937. This explicit payment routing instruction represents a unilateral transfer of financial control from the property owner to the agent, transforming the instrument into a private fiduciary channel without third-party escrow or trust oversight. The signature block confirms acknowledgment by Phat Tran and Hanson Le under the Berkshire Hathaway HomeServices California Properties brand.

Legal Context and Violations

• 18 U.S.C. §1343 (Wire Fraud) – Use of electronic communications to divert funds or misrepresent the destination of deposits.
• 18 U.S.C. §1344 (Bank Fraud) – Fraudulent use of a federally insured financial institution to obtain money by false pretenses or misapplication.
• California Business & Professions Code §10176(a) – Unlawful conduct by a licensed real estate broker or agent through dishonest dealing.
• California Civil Code §1710 – Fraudulent deceit includes suppression of truth or suggestion of a falsehood to induce payment.
• California Penal Code §470 & §476 – False execution or alteration of written instruments, including bank payment authorizations.

Evidence Findings

• The lease text under “Payment” explicitly states: “Rent shall be paid by direct deposit to: Bank: Wells Fargo; Name: Hanson Le; Account #: 3312942937.”
• Owner initials appear adjacent to this clause, establishing direct consent to divert funds from landlord possession to agent custody.
• This creates a dual-beneficiary arrangement in violation of real-estate fiduciary separation rules and broker trust-account standards.
• The instruction exposes both Berkshire Hathaway HomeServices and its agent to liability for conversion, mail fraud, and wire fraud if the funds were used outside official brokerage trust channels.

Implications

The owner’s initials on this document confirm that the April 2024 “lease renewal” was not a true renewal, but a new financial instrument executed to shift rent control and fiduciary obligations. By using a private Wells Fargo account belonging to the agent, the payment clause converts the contract into a vehicle for bank-based misappropriation. This exhibit links directly to Exhibits 1025 and 1035 as part of the overarching financial diversion scheme involving falsified renewals and forged broker authorizations.