Dr. Phat L. K. Tran
Primary Defendant — Owner / Financial Beneficiary — Gasio v. Tran et al.
I. Summary of Role
Dr. Phat L. K. Tran is the owner and principal defendant in this matter. Between 2022 and 2025, his conduct formed the foundation of a coordinated real-estate and legal fraud scheme involving payment concealment, forged documentation, retaliatory eviction, and financial exploitation of an elderly and medically vulnerable tenant household.
He directly benefited from concealing payments, raising rent unlawfully, evicting the tenant under false pretenses, and repositioning the property for short-term rental use at a significantly inflated rate.
II. Key Conduct
- Accepted electronic rent payments then denied receipt.
- Directed tenant to make payments via private account outside proper rent channels.
- Denied receipt of certified USPS-delivered check despite agent’s signed confirmation.
- Submitted contradictory statements in court, including false “returned check” claim.
- Filed eviction following police reports, inspector involvement, and DRE complaints.
- Relied on forged or altered lease documents contradicting DocuSign records.
- Raised rent more than 25% after eviction during emergency rent-gouging restrictions.
- Prepared property for unlicensed 31+ night short-term rental at 54% markup.
- Ordered LY Construction to perform cosmetic cover-ups for mold and water intrusion.
- Refused evidence-return instructions from HBPD Lt. Randall.
III. Timeline of Conduct
- 2022–2023: Tenant moves in; concealed mold, rot, and electrical defects; private payment routing established.
- Apr 2024: Renewal payment accepted without objection.
- May 2024: Certified USPS check delivered to BHHS; concealed; false arrears constructed.
- Jun 2024: 3-Day Notice issued with service defects listing only one legal occupant.
- Jun–Jul 2024: Second payment extorted under threat of eviction; city inspector confirms mold.
- Aug 2024: Tenant’s attorney abandons case; owner continues fraudulent narrative.
- Jan 2025: Property re-listed at 25% increase.
- 2025: STR conversion; refusal to return evidence to law enforcement.
IV. Evidence Relevant to This Actor
The following evidence directly implicates Dr. Tran’s knowledge, actions, and financial motive:
- Text message: “Hanson has the check.”
- USPS tracking confirming delivery of tenant’s payment to BHHS office.
- DocuSign logs showing proper lease renewal contrary to his claim.
- Wells Fargo records confirming timely electronic payment.
- City inspection report confirming mold and water intrusion.
- Photographic evidence of habitability defects predating tenancy.
- Emails showing refusal to acknowledge payment to Berkshire.
- Failure to produce any proof of returning alleged “check.”
V. Statutory Exposure (State & Federal)
A. California Penal Code
- PC § 470 — Forgery: Altered lease duration; mismatched signatures.
- PC § 487 — Grand Theft: Concealment of payment; financial loss to elder.
- PC § 518 — Extortion: “Pay or be evicted” demands; credit threats.
- PC § 532 — False Pretenses: False arrears; fraudulent financial representations.
- PC § 135 — Evidence Suppression: Refusal to return records.
- PC § 166 — Obstruction: Filing false declarations; violations of court process.
- PC § 118 — Perjury: False statements recorded in minute order.
B. Civil & Housing
- Civ. Code § 1942.5 — Retaliation: Eviction shortly after fraud reporting.
- H&S §§ 17920.3 / 17920.10: Mold and substandard housing.
C. Federal
- 18 U.S.C. § 1341 — Mail Fraud: Concealed certified check.
- 18 U.S.C. § 1343 — Wire Fraud: False digital communications.
- 18 U.S.C. § 1344 — Bank Fraud: Misrepresentation of financial instrument handling.
- 18 U.S.C. § 1519 — Evidence Destruction: Suppression of communications.
- 18 U.S.C. § 1962 — RICO: Enterprise behavior involving multiple actors.
VI. Misconduct Pattern
- Creation of false arrears despite payment proof.
- Use of forged lease variants to legitimize eviction filings.
- Coordinated concealment with agents and attorney.
- Intentional suppression of tenant evidence.
- Financial exploitation of elder/vulnerable household.
- Conversion of property to high-yield STR immediately after eviction.
VII. Agency Referral Recommendations
- OC District Attorney: Real estate fraud, perjury, extortion, false pretenses.
- FBI: Financial crimes, mail/wire fraud, RICO enterprise.
- USPS OIG: Concealed certified payment.
- DRE: Agent supervision and forged document chain.
- HUD: Retaliation and habitability.
VIII. Notes for Investigators
- All payments provably made.
- Tenant is elderly (protected class).
- Owner acknowledged receipt privately before denying publicly.
- All actors refused evidence-return instructions.