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notes:

Trust 

amended Trust

text message conversations

civil complaint

restraining order (redacted)

muntz lawyer letter

stephen favis response to muntz

US Bank Demand Letter

civil complaint
 

Affidavit of Change of Trust

🔴 Criminal Violations
1. Perjury (Lying on a Restraining Order)
Cal. Penal Code § 118 – Perjury

Knowingly making false statements under oath in a signed declaration or affidavit (e.g., restraining order request).

Cal. Penal Code § 127 – Subornation of Perjury

If he encouraged someone else to lie under oath (e.g., coached a witness), this also applies.

2. Filing a False Police Report or Legal Action
Cal. Penal Code § 148.5 – False Report of a Crime

Filing false allegations with law enforcement or in a civil restraining order.

3. Elder Abuse (Financial)
Cal. Penal Code § 368(d)-(e) – Elder Financial Abuse

Wrongfully using or taking control of an elder’s funds (e.g., your father’s trust assets), especially if your father has dementia.

4. Forgery or Fraudulent Trust Actions
Cal. Penal Code § 470 – Forgery

Signing or altering legal documents fraudulently (e.g., trust amendments, powers of attorney).

5. Theft / Embezzlement from a Trust
Cal. Penal Code § 503 – Embezzlement

Taking funds from a trust for personal use while in a fiduciary role.

Cal. Penal Code § 484 – Theft

Conversion of funds without permission.

6. Obstruction of Justice / Witness Tampering
18 U.S.C. § 1512 – Tampering with a witness, victim, or informant

Threatening or manipulating parties involved in court proceedings (if applicable).

🟠 Civil Violations
1. Fraud / Misrepresentation
Intentional Misrepresentation

Making knowingly false statements to obtain a restraining order or influence a trust proceeding.

2. Breach of Fiduciary Duty
Cal. Probate Code §§ 16000–16015

If Michael was acting as trustee or attorney-in-fact, he had a duty of loyalty, full disclosure, and prudent investment.

3. Constructive Fraud
Arises when a fiduciary (like a trustee or POA) gains advantage over the principal through breach of duty, even without intent to deceive.

4. Conversion
Civil Theft / Misuse of Trust Property

Using trust funds or assets in a way inconsistent with their intended use.

5. Intentional Infliction of Emotional Distress (IIED)
If Michael’s actions—false claims, blocking bank access, or trust manipulation—caused severe emotional harm.

6. Civil Harassment (Restraining Order Abuse)
Cal. Code Civ. Proc. § 527.6

Misuse of restraining orders for retaliation or manipulation is a civil abuse of process.

⚖️ Other Potential Federal Issues
1. Wire Fraud (18 U.S.C. § 1343)
Using emails, faxes, or calls to misrepresent facts in trust or court matters involving money.

2. Conspiracy (18 U.S.C. § 371)
If coordinated with others to defraud or obstruct, especially with financial institutions or attorneys.

3. Bank Fraud (18 U.S.C. § 1344)
Giving false authority to banks regarding trust assets or misusing POA for financial gain.

©2022 by Steve Favis

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