Overview
This exhibit establishes a **bank-routing and collusion scheme** in which Dr. Phat Tran and Hanson Le diverted lawful rent payments away from the authorized Berkshire Hathaway brokerage and into Hanson Le’s private Wells Fargo account. The diversion violated California escrow and broker-trust-fund statutes and meets the federal definitions of Wire Fraud (18 U.S.C. § 1343), Conspiracy (§ 1349), and RICO (§ 1962 (c)).
Key Documents
1️⃣ May 6 2024 Text — Private Account Demand
This text alone satisfies every element of wire fraud:
- Transmission by wire: SMS / cellular network across state and corporate lines.
- Material falsehood: Hanson Le falsely claimed authority to redirect payment away from the owner and broker.
- Intent to obtain money: “Transfer monthly rent to me instead of the owner.”
2️⃣ Same Sender – “Renewal Terms” Message
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The phrase “we would like to inform you” shows dual agency — Le speaking as if he and Tran were one party. That language exposes collusion, not brokerage neutrality. Because both messages came from the same phone, this is **one actor posing as multiple entities** — first “Property Manager,” then “Agent for Owner.” Each misrepresentation was transmitted electronically, forming a pattern of predicate acts.
3️⃣ Lease Document — Unauthorized Routing Clause
The lease itself lists the private bank account — not a Berkshire escrow or trust fund. This violates:
- California Business & Professions Code § 10145: Broker must deposit rents into a trust account, not a personal one.
- 18 U.S.C. § 1957: Receipt of criminally derived funds through a financial institution > $10,000 = money laundering.
- IRS 26 U.S.C. § 7201: Attempt to evade income tax — unreported diverted income routed off-ledger.
Timeline & Intent
- April 26 2024: Lease form printed listing Hanson Le’s private account.
- May 6 2024: Hanson Le texts tenant to send rent directly to that account, excluding Berkshire.
- May 17 2024: Le resigns by email, states he no longer represents either party.
- After May 17 2024: Owner proceeds to court claiming non-payment — despite prior acknowledgment of funds received.
Legal Analysis
- Wire Fraud (18 U.S.C. § 1343): Digital communications transmitting false payment instructions.
- Bank Fraud (18 U.S.C. § 1344): Use of Wells Fargo account for unauthorized fund collection.
- Conspiracy (§ 1349): Joint plan between Tran and Le to obtain money by fraudulent means.
- Money Laundering (§ 1956): Conversion of tenant rents into unreported personal income.
- RICO Pattern (§ 1962 (c)): At least two predicate acts — wire fraud and money laundering — within a continuous enterprise.
Summary of Findings
Owner Phat Tran and Hanson Le jointly established a parallel collection channel outside Berkshire Hathaway’s supervision. Le executed a paper lease naming his own bank account, transmitted fraudulent texts to enforce it, then resigned to avoid liability. Tran used the fraudulent instrument to file an eviction claim while concealing receipt of payment. The scheme meets federal definitions of a criminal enterprise for monetary gain via interstate wire communications.