Pacific Private MoneyChapter 11Investor Information

Because you were impacted by the criminal fraud committed by Mark Hanf and Nam Phan during their time at Pacific Capital Funding Group Inc, this Victim Impact Statement (VIS) is your opportunity to speak directly to the Court prior to their sentencing after pleading guilty to conspiracy to commit wire fraud and money laundering. Your VIS helps the Judge understand the true financial, emotional, and personal toll of this crime, and to make a sentencing decision.

Because almost all investors are individuals and were personally impacted, telling your story in detail is important. You can review the letter one investor wrote that is available on this website to give you a feeling for how personal the impact was to this investor. Tell your own story in your own words. We know that not everyone is as articulate as this investor, so use AI if needed to polish what you write; however, be sure that the final statement accurately reflects your situation.

You can either write a letter, as this investor did, or complete the form supplied. The court will accept either version.

Download the Victim Impact Statement form (PDF)

Download an example Victim Impact Statement letter (PDF)

How to Complete Your Victim Impact Statement

If you decide to use the form, follow these steps to complete your statement. You can type directly into the form if you open it in any PDF reader such as Acrobat Reader or a browser (Chrome, Edge, etc.) that supports viewing and typing into a PDF document. Alternatively you can print the document and write in the blank spaces.

Fill Out the Form

Page 1: Case Details & Your Story

• Header: Enter United States v. Mark Hanf and Nam Pham, followed by the court docket number 26-CR-00434.
• How you were affected: Explain exactly how this fraud disrupted your life. Be specific about how it impacted your retirement, life savings, housing, or children’s education. If it impacted you in various ways, detail all impacted areas.
• Counseling: If you needed professional or other support to come to terms with what happened, describe it here.
• Civil suit: Most investors have not filed a separate civil suit but if you have, enter the details here.

Page 2: Personal & Emotional Impact

• Reacting to others: Does their crime make you feel guilty or ashamed in a way that keeps you from discussing the case with family or friends, or to withdraw from talking to others? Describe it here.
• Lifestyle: Have you cut back on expenses or had to cut out vacations, support for children’s or grandchildren’s education, or other usual activities? Describe it here.
• Impact Checkboxes: Do not skip this section. Checking the boxes that apply to you (such as anxiety, sleep loss, or stress) helps the Judge see the non-financial harm caused by the defendants.
• Other reactions: Add anything more you want here.
• Threat: Not likely you need to check yes here.

Page 3: Financial Losses & Restitution

• Other information: Add any other thoughts here.
• Restitution: Please be aware that any potential financial restitution will come from the distributable funds available at the final conclusion of the bankruptcy case.
• Calculating Your Net Loss (Item 1): The Court needs to know your actual, out-of-pocket loss. Calculate this by taking your total money invested and subtracting any money received (such as past interest or distributions). Attach copies of account statements, wire transfers, promissory notes, or cancelled checks to support your loss claims. You can download your documentation from app.junipersquare.com/login.
• Taxes & Penalties (Item 2): List any IRS penalties or taxes you had to pay on “phantom income” from these investments.
• Civil action (Item 3): This refers to any civil action other than against Hanf, Phan, or the funds invested in.

Page 4: Extra Expenses & Confidential Signature

• Out-of-Pocket Costs: List any extra expenses you incurred because of this situation, as described. Attach documentation if you have it.
• Printed name, date and confidential fields below: Enter these fields before clicking on the signature field. The confidential fields may auto fill or they may not so make sure they have data.
• Signature: Clicking here on the form will offer to use a secure digital signature. A popup will let you select from several options. It doesn’t matter which option you choose. After you choose a digital signature, it will want to save the document. However, this is a poorly designed form so the digital signature does not ensure against future changes as it would in a DocuSign or other secure online signing process.
• Save: You will be forced to save the document after signing it. Put it where you can easily access it on your computer.
• Privacy Note: Your address, email, and phone number are kept strictly confidential. They are only shared with the Presentence Probation Office and the U.S. Attorney’s Office.

Submit Your Form

1. Gather Evidence: Make sure your supporting documents (statements, receipts) are attached.
2. Submit by email: Send the form and supporting documents to breana.dos.santos@usdoj.gov.
3. Submit by USPS: Breana Dos Santos, U.S. Attorney’s Office, Northern District of California, 450 Golden Gate Ave, 11th Floor, San Francisco, CA 94102.