Document 2: Extortion & Coercive Rent Demands
Gasio v. Tran et al. – Submission to Orange County District Attorney
✔️ 1. Extortion (CA Penal Code §518, §523)
- Element Met: Threat issued to charge a $500 penalty or report to credit bureaus unless funds were delivered before the lease's due date.
- Proof: Text from landlord: "I have a bill due on the 20th… I didn’t charge you the $500 this time… next time I will and it will hit your credit."
- Legal Problem: Lease requires rent on the 1st. Owner falsely advanced due date to the 20th to extract early payments through intimidation.
✔️ 2. Bank Fraud (18 U.S.C. §1344)
- Element Met: Attempted to defraud a federally insured bank or obtain funds by misrepresentation.
- Proof: Rent sent via Wells Fargo transfer to Phat Tran. Tran denied receiving funds despite transaction confirmations.
- Legal Problem: Holding funds while claiming non-payment constitutes concealment and intent to defraud.
✔️ 3. Wire Fraud (18 U.S.C. §1343)
- Element Met: Use of text/email/online banking to further a fraud.
- Proof:
- Rent paid via Wells Fargo e-transfer.
- Text threats demanding pre-payment or risk to credit score.
- Legal Problem: Electronic threats and fabricated deadlines used to extract money fraudulently = wire fraud.
✔️ 4. Lease Violations (CA Civ. Code §1942.5 & §1950.5)
- Element Met: Retaliatory threats while tenant was in full compliance.
- Proof: Early payments confirmed by bank, yet threats of eviction and credit harm issued anyway.
- Legal Problem: Retaliation using false claims about rent status and lease terms.
Key Violations Supported in This Section:
– CA Penal Code §518 – Criminal Extortion
– CA Civil Code §1788.13 – False representation of debt status
– 18 U.S.C. §1341 & §1343 – Mail and Wire Fraud
– CA WIC §15610.30 – Elder Financial Abuse
Exhibit E2 – Threat of $500 Fee and Credit Reporting
Message sent to tenant stating they must pay by the 20th of the prior month or risk a $500 fee and credit damage. This is unenforceable and constitutes coercion and extortion.
Verbal Statement – Dr. Phat Tran
"I didn’t charge you the $500 this time, but next time I will—and I’ll report it to your credit." – Verbal statement made to tenant. Tran claimed a bill was due on the 20th.
Exhibit E1 – Lease Terms: Rent Due on the 1st
The signed lease clearly establishes the 1st of the month as the payment deadline. No reference exists to alternate due dates or penalties.
Exhibit WFB – Wells Fargo Bank Statement
Bank records confirm that tenant paid consistently early—refuting any suggestion of missed or late rent.