{"id":"court_sdny_790_0","court":"SDNY","case_no":"","doc_number":790,"sub_number":null,"doc_type":"DOC","filed_date":"2026-01-19","title":"SDNY ECF 790","summary_zh":null,"summary_en":null,"body_en":"U.S. Department of Justice\n[Type text]\n                                                      United States Attorney\n                                                      Southern District of New York\n                                                      Jacob K. Javits Federal Building\n                                                      26 Federal Plaza, 38th Floor\n                                                      New York, NY 10278\n\n                                                      January 19, 2026\nBY ECF\nThe Honorable Analisa Torres\nUnited States District Judge\nSouthern District of New York\n500 Pearl St. New York, NY 10007-1312\nNew York, New York 10007\n       Re:     United States v. Miles Guo, S3 23 Cr. 118 (AT)\n\nDear Judge Torres:\n\n       The Government respectfully submits this letter motion to request that the Court enter the\nproposed supplemental preliminary order of forfeiture attached as Exhibit A, which relates to\nadditional specific property traceable to the defendant’s crimes and property involved in the\nlaundering of those proceeds. Guo takes “no position with respect to any personal interest he may\nhave in the assets the Government seeks to forfeit.” (Dkt. 789.)\n\nI. Applicable Law\n\n   A. Racketeering Forfeiture\n\n        Section 1963 directs that a district court, in imposing sentence, “shall order” a defendant\nto forfeit the following property:\n\n       (1) any interest the person has acquired or maintained in violation of Section 1962;\n\n       (2) any (A) interest in; (B) security of; (C) claim against; or (D) property or\n       contractual right of any kind affording a source of influence over . . . [the RICO]\n       enterprise . . . and\n\n       (3) any property constituting, or derived from, any proceeds which the person\n       obtained, directly or indirectly, from racketeering activity or unlawful debt\n       collection in violation of section 1962.\n\n18 U.S.C. § 1963(a).\n\n   B. Fraud Forfeiture\n\n        Section 981(a)(1)(C) subjects to civil forfeiture: “Any property, real or personal, which\nconstitutes or is derived from proceeds traceable to . . . any offense constituting ‘specific unlawful\nactivity’ (as defined in section 1956(c)(7) of this title), or a conspiracy to commit such offense.”\n\nSection 1956(c)(7)(A) of Title 18, United States Code, in turn provides that the term “specified\nunlawful activity” includes, among other things, “any act or activity constituting an offense listed\nin section 1961(1) of this title except an act which is indictable under [31 U.S.C. §§ 5311 et seq.].”\nThe list of offenses identified in 18 U.S.C. § 1961(1) are thus included within “any act or activity\nconstituting an offense listed in section 1961(1) of this title.” Among the offenses set forth in 18\nU.S.C. § 1961(1) are violations of 18 U.S.C. § 1343 and fraud in the sale of securities, for which\nGuo was convicted. Title 28, United States Code, Section 2461(c) provides that the court shall\norder forfeiture as part of sentencing in a criminal case when the defendant is convicted of an\noffense that gives rise to civil forfeiture. See United States v. Contorinis, 692 F.3d 136, 145 n.2\n(2d Cir. 2012).\n\n    C. Money Laundering Forfeiture\n\n        Section 982 directs that a “court, in imposing sentence on a person convicted of an offense\nin violation of section 1956 . . . shall order that the person forfeit to the United States any property,\nreal or personal, involved in such offense, or any property traceable to such property.” 18 U.S.C.\n§ 982(a)(1). As Judge Bianco, sitting by designation on the district court, has observed:\n\n        Courts have consistently held that the term “involved in” should be interpreted\n        broadly to “include any property involved in, used to commit, or used to facilitate\n        the money laundering offense.” United States v. Schlesinger, 396 F. Supp. 2d 267,\n        271-72 (E.D.N.Y. 2005) (collecting cases), aff’d, 514 F.3d 277 (2d Cir. 2008).\n        Referring to Schlesinger, district courts have correctly observed that the Second\n        Circuit has “affirmed forfeiture of property as involved in money laundering\n        transactions when it has served as a conduit for the proceeds of the illegal\n        transactions.” United States v. Prevezon Holdings, Ltd., 251 F. Supp. 3d 684, 698\n        (S.D.N.Y. 2017).\n\nUnited States v. Kenner, 443 F. Supp. 3d 354, 364 (E.D.N.Y. 2020) (footnote omitted).\n\nII. Discussion\n\n        The Court should enter the proposed first supplemental preliminary order of forfeiture, and\ninclude the G Enterprise’s criminal proceeds, and property involved in laundering those proceeds,\nin its final order(s) of forfeiture. Specifically, the Government seeks to forfeit the funds\n(i) contained in a bank account held in the name of G Club Operations LLC (one of the RICO\nentities), and (ii) seized from several bank accounts held in the names of Guo’s co-defendant Kin\nMing Je and his wife, Sin Ting Rong, which funds were derived from proceeds of the G Enterprise\nand were property used in furtherance of the defendant’s crimes and his racketeering enterprise,\nand property involved in money laundering.\n\n                    a. The G Club Operations LLC Funds Held at Banco Popular\n\n       As established at trial, “G Club Operations LLC” was Guo’s fraudulent membership club\nand part of Guo’s racketeering enterprise. G Club was used in furtherance of the racketeering\nconspiracy to, among other things, enter into fraudulent loans with other racketeering entities for\n\nthe purpose of laundering crime proceeds. See, e.g., Trial Tr. 3068, 3446, 3458; GX Z-13;\nIndictment ¶¶ 3(a), 14, 18. Guo’s interests in G Club Operations LLC and its assets thus are subject\nto forfeiture pursuant to Sections 981(a)(1)(C) and 1963 and 28 U.S.C. § 2461(c). G Club\nOperations LLC maintained an operational bank account at Banco Popular in Puerto Rico; in or\nabout October 2023, Banco Popular closed the account and issued an official check to G Club\nOperations LLC for the approximately $2,112,510.70 balance of the account, official check\nnumbered 103130500012442 and dated October 16, 2023. In or about December 2024, the\nindependent manager appointed to manage the dissolution of G Club provided the check to the\nGovernment. The Government seeks to forfeit the $2,112,510.70 in United States currency that\nwas previously held at the Banco Popular account in the name of “G Club Operations LLC.” See,\ne.g., Preliminary Order of Forfeiture, Dkt. 720 at ¶ bb (ordering the forfeiture of G Club Operations\nLLC funds previously held in TD Bank, N.A. accounts).\n\n                   b. The Funds Held in Barclays Bank plc (Isle of Man) Accounts\n\n        On October 29, 2024, the Government obtained a warrant to seize all monies and funds\ncontained in two Barclays Bank plc (Isle of Man) accounts, held in the names of “Kin Ming Je”\nand “Sin Ting Rong,” totaling approximately $2,112,510.70. As set forth in the seizure warrant\naffidavit of Special Agent Zachary Effting, see Ex. B at 17-18, those funds were derived from\nproceeds of the G Enterprise and property involved in money laundering and thus are subject to\nforfeiture pursuant to Sections 981(a)(1)(C) and 982(a)(1), and 28 U.S.C. § 2461(c).\n\n                   c. The Funds Held in Barclays Bank plc (Jersey) Accounts\n\n        On April 17, 2025, the Government obtained a warrant to seize all monies and funds\ncontained in two Barclays Bank plc (Jersey) portfolio accounts, held in the names of “Kin Ming\nJe” and “Sin Ting Rong,” totaling approximately $2,437,677.01. As set forth in the seizure warrant\naffidavit of Special Agent Zachary Effting, see Ex. C at 17-18, those funds were derived from\nproceeds of the G Enterprise and property involved in money laundering and thus are subject to\nforfeiture pursuant to Sections 981(a)(1)(C) and 982(a)(1), and 28 U.S.C. § 2461(c).\n\n                                             *   *   *\n\n       For the above reasons, the Court should enter the proposed first supplemental preliminary\norder of forfeiture.\n\n                                                   Respectfully submitted,\n\n                                                   SEAN S. BUCKLEY\n                                                   Attorney for the United States, Acting\n                                                   Under Authority Conferred by 28 U.S.C.\n                                                   § 515\n                                                   Southern District of New York\n\n                                               By: /s/                              .\n                                                  Micah F. Fergenson\n                                                  Ryan B. Finkel\n                                                  Justin Horton\n                                                  Juliana N. Murray\n                                                  Assistant United States Attorneys\n                                                  (212) 637-2190 / 6612 / 2276 / 2314","body_zh":null,"key_entities":[],"ecf_references":[],"word_count":1248,"status":"published","published_at":"2026-01-19 00:00:00","created_at":"2026-01-19","updated_at":"2026-07-06 20:56:59"}