Summary
Following the February 2025 court proceedings in Phat K. Tran v. Michael Gasio,
certified mail was sent to both Dr. Phat Tran and attorney Steven D. Silverstein
confirming that I was never made whole as claimed in closing argument.
Mr. Silverstein misstated the payment history, representing to the court that
“the check was returned because it was late.” However, the record and evidence
admitted at trial show otherwise.
Key Facts Established
- Electronic Payment Confirmed:
The July 2024 rent payment of $5 350.00 was made electronically through Wells Fargo
on June 28 2024 (confirmation ID OW0000465289145). Funds cleared and remained
unreturned; no rejection or reversal notice was ever issued.
- Receipt Acknowledged by Agent:
Plaintiff’s agent Hanson Le confirmed possession of the check.
Under California law, a cashier’s check or verified transfer is the legal
equivalent of cash unless disputed within 3 business days. No such dispute occurred.
- False Statement in Court:
Mr. Silverstein stated the payment was “returned as late,” yet no returned item
exists and plaintiff’s own correspondence acknowledges receipt before the due date.
- Certified Mail Notice:
A certified letter was delivered to both parties advising them to correct the
record and return funds tendered “under protest.” Neither party responded.
Legal Implication
The misrepresentation of payment status in sworn court proceedings constitutes a
material false statement and supports claims of fraud upon the court,
conversion, and bad-faith litigation conduct under
California Code of Civil Procedure §128.7 and related civil-fraud statutes.
Supporting Evidence Images
- T35-A – Cashier’s Check Copy (
T35a.png)
- T35-B – Court Judgment Excerpt (
T35b.png)
- T35-C – Wells Fargo Electronic Payment Confirmation (
T35c.png)
Below: verified image copies of the tendered payment, court record, and bank confirmation.
Next Action
- Provide this page with exhibits to counsel for post-judgment review.
- Include in Section VII of the RICO binder as Count 12 – False Statement to Court and Suppression of Payment Evidence.
- Maintain original bank and USPS receipts for authentication at hearing.
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