郭文贵破产案 · ECF #1082-1

元数据

当事人: 郭文贵 (Guo Wengui / Miles Guo / Ho Wan Kwok)
法院: CTB
案号: 22-50073
ECF #: 1082
类型: UNKNOWN
立案日: 2022-11-11

原始法庭文件为英文，下方为英文全文。

全文

Transcription of Ho Wan Kwok Hearing from Audio Time Mark from 1:53:00 to 2:16:51

*59 9 9*

| L1 Ms Claiborn: |-------------------------- | L2 Official interpreter: | L3 Mr. Kwok: | L4 Official interpreter: | L5 Ms Claiborn: | L6 OfficialMr. Kwok: | L8 Official interpreter: | L9 Ms Claiborn: | L10 | L11 Official interpreter: | L12 | L13 Mr. Kwok: | L14 Official interpreter: | L15 Ms Claiborn: | L16 Official interpreter: | L17 Ms Claiborn: | L18 Official interpreter: | L19 Mr. Kwok: | L20 Ms Claiborn: | L21 Mr. Baldiga: | L22 Official interpreter: | L23 Ms Claiborn: | L24 Official interpreter: | L25 Mr. Kwok: L26 | L27 Official | L29 Ms Claiborn: | L30 Official interpreter: | L31 Mr. Kwok: | L32 Official interpreter: | L33 Ms Claiborn: | What is the name of the attorney holding the check? | -----------|----------------------------------------------------------------------------------------------------------------------------------------| | What is the name of the attorney holding the \$12000 check? | | I am not able to tell the full name of the attorney. | | I can't pronounce the attorney's name completely. | | What is the attorney's first name? | r>interpreter: | What is the attorney's first name? | | I am also unable to pronounce it just like that. | | I cannot – I'm not able to read out the – to pronounce his name. | | Is the attorney who's holding the check the same attorney who | | represented you in that lawsuit? | | Is the attorney who's holding the check the same attorney who | | represented you in that lawsuit? | | Could be. | | It should be. | | On your Schedule A-B, | | On your Schedule A-B, | | you did not disclose that \$12,000 check. | | On the Schedule A-B, you did not tell the \$12,000 check. | | It did not… | | Why? | | Wait for the question. No. Can you interpret that? | | Wait until she finished the question. | | Why did you not disclose that \$12,000 check? | | Why did you not report the \$12,000 check the money? | | My attorney thought that since the money was not in my account, I was not allowed to. | interpreter: L28 | My attorney thinks because the money is not in my account, so I'm not allowed to –we're not – I'm not supposed to disclose that. | | Okay. Mr. Kwok, do you have any patents? | | Mr. Kwok, do you have any patents? | | Patents? No. | | No. | | Do you have any copyrights? |

**Debtor's Exhibit A**

| L1 | Official interpreter: | Do you have any copyrights (in English), what is it called? | |------------|-----------------------|-------------------------------------------------------------------------------------------------------------------| | L2 | Private interpreter: | Copyright (in Chinese). | | L3 | Official interpreter: | Right, Copyright (in Chinese). | | L4 | Mr. Kwok: | Copyright? No. | | L5 | Official interpreter: | No. | | L6 | Ms Claiborn: | Do you have any intellectual property of any kind? | | L7 | Official interpreter: | Do you have any intelligence kind of… | | L8 | Private interpreter: | Intellectual property (in Chinese). | | L9 | Official interpreter: | Right, Intellectual Property (in Chinese). Do you have any | | L10 | | Intellectual Property Right? | | L11 | Mr. Kwok: | Intellectual Property Right? No. | | L12 | Official interpreter: | No. | | L13 L1 | Mr. Baldiga: | Excuse me. Holley, I'm not sure if you're going to come back to it, but there is a reference to the \$12,000 | | L12 | Ms. Claiborn: | I did see that. | | L13 | Mr. Baldiga: | Oh, you said he did not disclose it. | | L14 | Ms. Claiborn: | He did not. It's not in response to the questions on Schedule A-B. | | L15 | Mr. Baldiga: | It's right there. | | L16 L17 | Ms. Claiborn: | We can disagree about whether or not it's disclosed. I understand you might take a different position. | | L18 L19 | Official interpreter: | He said here was the \$12000. But Holley did not think it was reported and everyone has their own position. | | L20 L21 | Ms Claiborn: | Mr. Kwok, do you own any interest in a company called Ace Decade Holdings Limited? | | L22 L23 | Official interpreter: | She said, do you have any interest in a company called Ace Decade Holdings Limited? | | L24 | Mr. Kwok: | Yes. | | L25 | Official interpreter: | Yes. | | L26 L27 | Ms Claiborn: | What is the nature of your ownership interest in Ace Decade Holdings Limited? | | L28 | Official interpreter: | Your interest in there is what kind of interest? | | L29 | Mr. Kwok: | I have the interest to make a claim to the UBS \$500 million litigation. | | L30 L31 | Official interpreter: | So I have the interest and ask for UBS to pay back \$500 million. That kind of interest. | | L32 | Ms Claiborn: | Are you the only legal owner of Ace Decade Holdings Limited? | | L33 | Official interpreter: | Are you the only, can you repeat the question? |

*61*

| L34 Ms. Claiborn: | Are you the only legal owner of Ace Decade Holdings Limited? | |------------------------------|--------------------------------------------------------------------| | L35 Official interpreter: | Are you the only legal owner of Ace Decade Holdings Limited? | | L36 Mr. Kwok: | I am legally representing the owner. | | L37 Official interpreter: | I am a legal representing owner. | | L38 Ms Claiborn: | Are there any other owners of Ace Decade? | | L39 Official interpreter: | Are there other owners? Owners of Ace Decade? | | L1 Mr. Kwok: | No. | | L2 Official interpreter: | No. | | L3 Ms Claiborn: | When did you become an owner of Ace Decade Holdings Limited? | | L4 Official interpreter: | When did you become an owner of Ace Decade Holdings Limited? | | L5 Mr. Kwok: | At the end of 2014 | | L6 Official interpreter: | At the end of 2014 | | L7 Ms Claiborn: | This is a long question. In your litigation in London against UBS, | | L8 Official interpreter: | In your litigation in London against UBS, | | L9 Ms Claiborn: | You are an individual plaintiff. | | L10 Official interpreter: | You are the only plaintiff. | | L11 Ms Claiborn: | What is the basis for your claim as an individual plaintiff? | | L12 Official interpreter: | Why were you the only plaintiff? What was your basis? | | L13 Mr. Kwok: | Because I am a 100% representative of the company Ace Decade. | | L14 Official interpreter: | Because I'm the 100% representative for Ace Decade. | | L15 Ms Claiborn: | In the litigation against UBS in London, | | L16 Official interpreter: | In the litigation against UBS in London, | | L17 Ms Claiborn: | there is an allegation that Ace Decade gave \$500 million to Dawn | | L18 | State Limited. | | L19 Official interpreter: | In the litigation, Ace Delegation gave (\$500 million in English, | | L20 | muttering how much is that in Chinese) the money to Dawn | | L21 | Limited… | | L22 Mr. Kwok: | Dawn State | | L23 Ms Claiborn: | Dawn State | | L24 Official interpreter: | Dawn State | | L25 Private interpreter: | 500 million yuan (in Chinese) | | L26 Ms Claiborn: | Where did Ace Decade get the \$500 million? | | L27 Official interpreter: | Where did Ace Decade get the \$500 million? | | L28 Mr. Kwok: | Loan from our family. |

*61*

L1 Official interpreter: I loan from my family. L2 Ms Claiborn: Did you borrow money from your family and give it to Ace Decade? L3 Official interpreter: Did you borrow the money from your family then give it to Dawn L4 State? L5 Mr. Kwok: Yes L6 Official interpreter: Yes L7 Private interpreter: I don't think, I thought that it was… L8 Ms Claiborn: Let's start over. I don't think it was the question, because it didn't L9 involve Dawn State. So I am going to start over. L10 Private interpreter: Yes… L11 Ms Claiborn: Where did you get the money to give to Ace Decade, the 500 million? L12 Mr. Baldiga: I don't think he said he did that. I think he said his family did that. L13 But you can ask that. But I… L14 Official interpreter: The question is, Ace Decade get the money the 500 L15 million from where? L16 Mr. Kwok: From the family. L17 Official interpreter: From my family. L18 Ms Claiborn: Who specifically in the family gave you the money then you gave to L19 Ace Decade? L20 Official interpreter: Who in your family gave you the money then you gave to Ace L21 Decade? L22 Mr. Kwok: One of the persons called John Way. L23 Official interpreter: John Way? OK. John Way. L24 Ms Claiborn: Who is John Way? L25 Official interpreter: Who is John Way? L26 Mr. Kwok: A member of our family. L27 Official interpreter: A member from my family. L28 Ms Claiborn: Is he a relative of yours? L29 Official interpreter: Is he a relative of yours? L30 Mr. Kwok: A son-in-law of my older brother. L31 Official interpreter: It's my older brother's cousin or – L32 Private interpreter: Son-in-law L33 Official interpreter: Son-in-law, okay. L34 Ms Claiborn: On your Schedule A-B,

L35 Official interpreter: On your Schedule A-B, the tax return,

## *63*

*4*

*63*

| L1 | Ms Claiborn: | you listed a possible malpractice claim against Boise Schiller. | |-------------------|-----------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | L2 | Official interpreter: | she said, on your Schedule A-B, you stated there was a (sort of | | L3 L4 | | malpractice, what is it) negligence in a case, against the malpractice of Boise Schiller, the case. | | L5 | Official interpreter: | Do you understand? | | L6 | Ms Claiborn: | Can you please explain what that is? | | L7 | Official interpreter: | Can you explain what that is? | | L8 | Mr. Kwok: | He had represented me in New York suing UBS. A lawyer | | L9 | | representing me. | | L10 L11 | Official interpreter: | He was the one – he was the one represented me in New York to have a lawsuit against UBS. | | L12 L13 | Mr. Kwok: | He, by himself, presented a lot of wrong documents without verifying them with me first to the Court. | | L14 | Official interpreter: | He gave a lot of false documents to the Court and without my | | L15 | | permission. | | L16 | Mr. Kwok: | And threatened my family members. | | L17 | Official interpreter: | He also threatened my family. | | L18 | Mr. Kwok: | And after drinking threaten me myself. | | L19 | Official interpreter: | He also threaten myself after drinking. | | L20 | Mr. Kwok: | And he brought huge loss to us. | | L21 | Official interpreter: | He brought a lot of loss to us. | | L22 L23 L24 | Mr. Kwok: | Including not seriously explain to me about what documents ought to be presented to the judge, particularly the documents with Chinese and English translations. | | L25 | Official interpreter: | Including providing any English/Chinese translated documents | | L26 | | to me before present them to the – to the lawyer, or to the judge. | | L27 | Mr. Kwok: | That is why we sued him. | | L28 | Official interpreter: | That's why I – we sued him. | | L29 | Ms Claiborn: | Have you hired an attorney to represent you in that malpractice | | L30 | | action? | | L31 | Official interpreter: | Have you hired an attorney to sue him in this case of malpractice? | | L32 | Mr. Kwok: | My son is dealing with it. | | L33 | Official interpreter: | My son is in the process of dealing with it. | | L34 | Ms Claiborn: | Why is your son talking to lawyers about your malpractice claim? | | L35 | Official interpreter: | Why is your son dealing with this malpractice case? |

| L1 Mr. Kwok: | I need to borrow money from him. | |-------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | L2 Official interpreter: | Because I need to borrow money from him. | | L3 Ms Claiborn: | Has a lawyer been selected? | | L4 Official interpreter: | Has a lawyer been selected? | | L5 Mr. Kwok: | Not yet. | | L6 Official interpreter: | Not yet. | | L7 Ms Claiborn: | Mr. Kwok, do you own an interest in any company aside from Ace | | L8 | Decade? | | L9 Official interpreter: L10 | Mr. Kwok, aside from Ace Decade, do you own any interest in other companies? | | L11 Mr. Kwok: | No. But – I need to say but -- | | L12 Official interpreter: | No. But | | L13 Mr. Kwok: L14 | Bravo Luck under my name just for several months. I held 50% of the company shares in that several months. | | L15 Official interpreter: | Bravo Luck? | | L16 Mr. Kwok: | Bravo Luck, the holding company of the Sherry Netherland, the | | L17 | apartment in New York. | | L18 Official interpreter: | Bravo Luck? | | L19 Mr. Kwok: L20 L21 | Bravo Luck. Just say the name in English, Bravo Luck. It was the holding company of the 50% controlling interest of the apartment in New York. I held it for a short time, a few months. | | L22 Official interpreter: L23 | I own the Bravo Luck, the apartment, only for a few months, some of the interest. | | L24 Mr. Kwok: L25 | After the purchase of the apartment, they were returned. The interest was returned to my son. | | L26 Official interpreter: | After the sale? | | L27 Mr. Kwok: L28 | Not sell. After the purchase. Because it was my name used in the purchase of the apartment. Because it was a co-op. So they | | L29 L30 | recommended using my name in the purchase. After the purchase, the controlling interest was returned to my son. | | L31 Official interpreter: L32 | And because the apartment is a co-op, so they used my name to buy the apartment after I – after we bought apartment, and then we | | L33 | returned the stock interest back. | | L34 Unidentified speaker: L35 | I'm sorry. He must have spoken for 30, 40 seconds. Clearly said more than that. Is there a more fulsome translation? | | L36 Official interpreter | Did I miss anything? |

Case 22-50073 Doc 1082-1 Filed 11/11/22 Entered 11/11/22 13:18:26 Page 7 of

| L1 Ms Claiborn: | Let me see if I can follow up. Mr. Kwok, do you own, currently, an | |-------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | L2 | interest in Bravo Luck? | | L3 Official interpreter: | She said, do you own any interest in Bravo Luck now? | | L4 Mr. Kwok: | No. | | L5 Official interpreter: | No. | | L6 Ms. Claiborn: | Mr. Kwok, do you own an interest in any limited liability company? | | L7 Official interpreter: | Mr. Kwok, do you own any interest in any limited liability company? | | L8 Mr. Kwok: | No. | | L9 Official interpreter: | No. | | L10 Ms Claiborn: | Mr. Kwok, do you currently own any interest in any partnership? | | L11 Official interpreter: | Do you own any interest in any of the (partnership in English?) | | L12 Private interpreter: | Partnership (in Chinese) | | L13 Official interpreter: | Partnership | | L14 Mr. Kwok: L15 L16 | Wait. I said no a moment ago. Once I had a big aircraft company "Y Orange" and another one called "Shiny Time". They closed down now. I had them at one time. | | L17 Official interpreter: | "Orange"? | | L18 Mr. Kwok: L19 L20 | Called "Y Orange". I can't be sure about the English either. And the one was called "Shiny Time". That was before. They are no longer in my hand. | | L21 Official interpreter: L22 | I used to own the plane company called the Orange or Shiny Time, but that was before and doesn't exist anymore. | | L23 Ms Claiborn: | Mr. Kwok, do you currently own an interest in any partnership? | | L24 Official interpreter: | Do you currently own any interest in partnership companies? | | L25 Mr. Kowk: | No. | | L26 Official interpreter: | No. | | L27 Ms Claiborn: | Mr. Kwok, do you currently own an interest in any joint venture? | | L28 Official interpreter: | Do you currently own any interest in any (joint venture?) | | L29 Private interpreter: | Joint venture (in Chinese) | | L30 Official interpreter: | Joint venture business. | | L31 Mr. Kwok: | No. | | L32 Official interpreter: | No. | | L33 Ms Claiborn: L34 | Other than Ace Decade, do you own an interest in any other company right now? | | L35 Official interpreter: | Apart from owning Ace Decade, do you also own other companies? |

| 8 | |---| | |

| | | 11 | 8 | |-------------------|--------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---| | L1 | Mr. Kwok: | I once owned Wild Orange and Shiny Time. But not anymore | | | L2 | | currently. | | | L3 | Official interpreter: | No. I only owned the Orange and Shiny Time before, but not | | | L4 | | right now. | | | L5 L6 | Ms Claiborn: | Does Golden Spring New York have a security interest in any of your litigation? | | | L7 | Official interpreter: | Does Golden Spring New York have any interest in your litigations? | | | L8 | Mr. Kwok: | I owed them money. | | | L9 | Official interpreter: | I owed them money. | | | L10 L11 | Ms Claiborn: | Have you granted to Golden Spring New York, any interest in any of your assets, anything that you own | | | L12 | Official interpreter: | Did you gift to Golden Spring New York any of your property assets? | | | L13 | Mr. Kwok: | No. | | | L14 | Official interpreter: | No. | | | L15 L16 L17 | Ms Claiborn: | So if you were to win a lawsuit against Golden Spring – sorry. Wrong name. So if you were to win a lawsuit against UBS, would any of the money that you win have to be paid to Golden Spring? | | | L18 L19 | Official interpreter: | If you were to win the case against UBS, the money you won, would the money need to be paid back to Golden Spring? | | | L20 | Mr. Kwok: | Yes. | | | L21 | Official interpreter: | Yes. | | | L22 | Ms Claiborn: | And how much would that be? | | | L23 | Official interpreter: | How much would that be? | | | L24 | Mr. Kwok: | Before it was \$21 million. Adding now is \$28 million. Roughly | | | L25 | | around \$30 million. | | | L26 | Official interpreter: | Before it was 2200, 1 million? | | | | L27 Private interpreter: | 21 million | | | L28 | Official interpreter: | 21 million? | | | L29 | Official interpreter: | 21 million and plus now. Probably it's about 300 million. | | | L30 | Mr. Kwok: | 30 million | | | L31 | Official interpreter: | 30 million. Oh, 30 million. Yeah. | | | L32 L33 | Ms Claiborn: | Is there a document that says that any litigation winnings you receive need to be paid to Golden Spring? | | | L34 | Official interpreter: | Is there any document written down stated that any winning from | | | L35 | | other litigations would need to pay back Golden Spring New York? | |

| Case 22-50073 Doc 1082-1 | Filed 11/11/22 Entered 11/11/22 13:18:26 Page 9 of 9 11 | |-------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | L1 Mr. Kwok: | Yes. | | L2 Official interpreter: | Yes. | | L3 Ms Claiborn: | What is the name of the document? | | L4 Official interpreter: | What is the name of the document? | | L5 Mr. Kwok: L6 | It would be that in DC, there had been a litigation against a law firm who represented my case of political asylum application. | | L7 Official interpreter: | I'm going to ask him to repeat it. | | L8 Official interpreter: | Can you repeat? | | L9 Mr. Kwok: L10 L11 | I had an immigration law firm in DC representing me in my case of political asylum application. I sued them. There was such a litigation. Let's stop here. Next would be the source of money funding that | | L12 | litigation. If that case were won, the money would need to return to | | L13 | Golden Spring. | | L14 Official interpreter: | I didn't get it. I just ask him to break it down. | | L15 Mr. Kwok: | I have a litigation case in DC. | | L16 Official interpreter: | I have a case in DC. | | L17 Mr. Kwok: L18 | It was against a law firm who represented me in my case of political asylum in the past. | | L19 Official interpreter: | There is a attorney office representing me for political asylum. | | L20 Mr. Kwok: L21 L22 | The firm was hacked by the Chinese Communist Party. Their office was closed down. They gave my personal information to the Chinese Communist Party. | | L23 Official interpreter: | And it was attacked by the cyber attack from the Chinese | | L24 L25 | Communists, and so they – the attorney office was closed, and they gave my personal information to the communist party. | | L26 Mr. Kwok: | Then I sued them. | | L27 Official interpreter: | And then I sued them. | | L28 Mr. Kwok: L29 | The money funding the lawyers in this case came from Golden Spring too. | | L30 Official interpreter: L31 | And that litigation fee, attorney fee, came from Golden Spring New York. | | L32 Mr. Kwok: | If I won the case, I sued them for a claim of \$50 million, |

L33 Official interpreter: I asked for a settlement of \$50000, \$50 million if I won the money.

| L34 Mr. Kwok: L35 | I would need to pay Golden Spring back for the money they funded the litigation. | |-----------------------------|-------------------------------------------------------------------------------------| | L36 Official interpreter | I will give the money back to Golden Springs for the money they | | L37 | supported me for the attorney's fees. |

*10* L1 Private interpreter Mr. Kwok did not say settlement. Mr. Kwok only said it was a claim, L2 not settlement. Case 22-50073 Doc 1082-1 Filed 11/11/22 Entered 11/11/22 13:18:26 Page 10 of 11

-END -

I, Una Wilkinson, hereby certify that I, to my knowledge and with the best of my abilities , fully and accurately, translated and transcribed the audio file [1002.mp3] from time marked 1:53:00 to 2:16:51, from Chinese/English into English which appeared from page one to page 10 of this document.

Date: 30 September 2022

Signature of Translator & Transcriber Una Wilkinson Independent Court Certified Per Diem Interpreter in Mandarin and Cantonese New York State Unified Court System Court ID 1000037126

Case 22-50073 Doc 1082-1 Filed 11/11/22 Entered 11/11/22 13:18:26 Page 11 of