郭文贵破产案 · EXHIBIT · ECF #250-17

元数据

当事人
郭文贵 (Guo Wengui / Miles Guo / Ho Wan Kwok)
法院
CTB
案号
22-50073
ECF #
250
类型
EXHIBIT
立案日
2022-04-22

原始法庭文件为英文,下方为英文全文。

全文

EXHIBIT PAX 17

Transcript of the 341 Meeting of Creditors, dated March 21, 2022

In Re UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT \* Chapter 11 \* \* HO WAN KWOK, \* Case 22-50073(JAM) \* Debtor. \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* TRANSCRIPT OF TELEPHONIC 341 MEETING OF CREDITORS MARCH 21, 2022 Electronically Recorded by the Office of the United States Trustee Transcript Prepared By: Christine Fiore, CERT Fiore Reporting and Transcription Service, Inc. 4 Research Drive, Suite 402 Shelton, CT 06484 (203) 929-9992

Ho Wan Kwok - March 21, 2022 APPEARANCES: For the Debtor: For the U.S. Trustee: For Logan Cheng, Creditor: For Pacific Alliance Asia Opportunity Fund, LP, Creditors: For Bruno Wu, Weican Meng and Rui Ma, Creditors: For Xiaodan Wang, Rong Zhang and Chong Shen Raphanella, Creditors: WILLIAM R. BALDIGA, ESQ. BEN SILVERBERG, ESQ. URI PINELO, ESQ. Brown Rudnick, LLP Seven Times Square New York, NY 10036 HOLLEY E. CLAIBORN, ESQ. Office of the U.S. Trustee 150 State Street New Haven, CT 06510 JAY MARSHALL WOLMAN, ESQ. Randazza Legal Group 100 Pearl Street, 14th Floor Hartford, CT 06103 DAVID V. HARBACH, II, ESQ. O'Melveny & Myers, LLP 1625 I Street NW Washington, DC 20006 STUART SARNOFF, ESQ. LAURA ARONSSON, ESQ. CRAIG McALLISTER, ESQ. MAKENZIE RUSSO STEVEN WARREN O'Melveny & Myers, LLP Times Square Tower 7 Times Square New York, NY 10036 KAREN WARSHAUER McElroy, Deutsch, Mulvaney & Carpenter One State Street Hartford, CT 06103 LILLIAN GRINNELL, ESQ. Wolf Haldenstein Adler Freeman & Herz 270 Madison Avenue New York, NY 10016

Ho Wan Kwok - March 21, 2022
APPEARANCES: (Cont'd)

For Samuel Nunberg, Creditor:

For the Sherry Netherland, Creditor: AMY ZAMIR, ESQ. Nesenoff & Miltenberg, LLP 363 Seventh Avenue New York, NY 10001 EMILY KUZNICK, ESQ. Stroock, Stroock and Lavan 180 Maiden Lane New York, NY 10038 Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 5 of

Ho Wan Kwok - March 21, 2022 83 1 I'm going to repeat myself

MS. CLAIBORN:

2 from the beginning here because I want to make sure 3 it's all on the record and I

apologize. 4 I'm going to basically start this meeting 5 over again and we're going to go very quickly and

6 was just about to then we'll come back to where I

7 go.

8 Today is Monday, March 21st, 2022 and we

9 are gathered for the Section 341 meeting in the

10 also known as Wengui Chapter 11 case of Ho Wan Kwok,

11 and Miles Kwok.

Gwo 12 trial My name is Holley Claiborn and I'm a

13 attorney in the Office of the United States Trustee 14 will be conducting today's meeting.

and I

15 am recording this meeting and also we

I

16 have the presence of an interpreter on the line 17 whose name is Bin, B-I-N.

18 have it on the record, And so that I I'm

19 third time about her oath.

going to ask Bin a 20 (The interpreter is sworn.)

21 For purposes of speeding this up on the 22 record we have appearances today by Jay Wolman,

on

23 behalf of Logan Cheng.

have the appearance of We 24 Stuart Sarnoff, Mia Gonzalez, David Harbach, Laura

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 6 of

March 21, 2022 Ho Wan Kwok - 1 all

Aronsson, Craig McAllister and Mackenzie Russo, 2 on behalf of Pacific Alliance.

And for creditors 3 and Weican Meng, we have Karen Rui Ma, Bruno Wu

4 a paralegal at McElroy.

Warshauer, 5 cannot get all Sorry,

INTERPRETER:

I THE

6 those names at once.

7 Bin, did you translate all

MS. CLAIBORN: 8 of the names for the Pacific Alliance?

9 The names actually just

INTERPRETER:

THE

10 translation. repeat of the pronunciation.

a No

11 Thank you.

Whoever does

MS. CLAIBORN:

12 not have their phone on mute, could you please put

13 it on mute? Thank you.

14 The other appearances, Karen

Okay.

15 and she represents Bruno Warshauer, from McElroy,

16 Weican Meng and Rui Ma.

Wu, 17 are there go back to the debtor, Before I

18 any other creditors on the line who have counsel 19 who'd like to put their appearance on the record?

20 Hi --

MS. GRINNELL:

21 Please wait for the

MS. CLAIBORN: 22 translation.

23 (Indiscernible) I'm from

MS. GRINNELL: 24 the firm Wolf Haldenstein Adler Freeman and Herz and

25 we represent --

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 7 of cannot hear you clearly.

Ho Wan Kwok - March 21, 2022

INTERPRETER:

THE Sorry. The interpreter

MS.

GRINNELL: I'm sorry. My connection

4 5 6 has been kind of off. Can you hear me now? THE INTERPRETER: Yes. MS. GRINNELL: Okay. I'll repeat what I

said. My name is Lillian Grinnell. I'm an attorney at Wolf Haldenstein Adler Freeman and Herz and we represent the creditors, Rong Zhang, Xiaodan Wang, and Chong Sheen Raphanella.

12 13 THE INTERPRETER: The names you pronounced I could not get them.

14 15 16 17 MS. GRINNELL: I'll spell them. I'll start with the creditor's names. The creditor's names are Rong Zhang, and that's -- the first name is Rong, R-O-N-G, Z-H-A-N-G.

18 19 20 The second creditor's name is Xiaodan Wang. And her first name is spelled X-I-A-O-O-A-N. And her last name is spelled W-A-N-G.

21 22 23 24 And then the third creditor, Chong Shen Raphanella. And her first name is C-H-O-N-G. And then the second name is S-H-E-N. And the third name is R-A-P-H-A-N-E-L-L-A.

THE INTERPRETER: I only got Chong Shen

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 8 of

March 21, 2022 Ho Wan Kwok -

1 and R-A-P-H-A-L. 2 I'm sorry.

Are you asking

MS. GRINNELL: 3 to spell the third name again?

me 4 (No response.) 5 My connection is

apologize. Sorry?

I 6 to spell any of the names

very bad.

you need me Do

7 again? 8 think I'm okay. INTERPRETER:

I THE I

9 repeat it to Mr. Kwok already. 10 Okay. MS. GRINNELL:

11 Are there any other

MS. CLAIBORN: 12 creditors on the line or parties on the line?

13 This is Amy Zamir, from

MS. ZAMIR:

14 My last

I'm spell that. Nessenoff & Miltenberg.

15 name is Zamir, Nessenoff is N-E-S-S-E-N

Z-A-M-I-R. 16 and Miltenberg, M-I-L-T-E-N-B-E-R-G.

O-F-F, And we

17 represent creditor Sam Nunberg, N-U-N-B-E-R-G.

18 Is there anyone else who

MS. CLAIBORN: 19 would like to put their appearance on the record.

20 This is Emily Kuznick,

Yes. MS. KUZNICK:

21 of and then Kuznick, E-M-I-L-Y, K-U-Z-N-I-C-K, 22 that's S-T-R-O-O-C-K, Stroock, Stroock and Lavan,

23 and Stroock, and Lavan is L-A-V-A-N. And we 24 represent the Sherry Netherland.

And for Sherry 25 Netherland it's S-H-E-R-R-Y, and then Netherland, N

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 9 of

March 21, 2022 Ho Wan Kwok -

1 E-T-H-E-R-L-A-N-D.

2 I'm clarifying what he

INTERPRETER:

THE

3 said.

4 (Interpretation.) 5 Let me continue

INTERPRETER:

THE

6 clarifying what was yelled out just now.

7 (Interpretation.)

8 I'm sorry.

The THE

INTERPRETER: 9 interpreter cannot get that.

Nobody picked up my

10 don't know.

question so I

11 Bin.

Thank you,

MS. CLAIBORN: 12 Any other creditors or parties in interest

13 before I

go back to the debtor?

14 This is David Harbach, from

MR. HARBACH:

15 just

representing PACS.

O'Melveny and Myers, I

16 wanted to clarify that is it correct that we have 17 not gotten an answer from the debtor about what he 18 just said? 19 have not heard any interpretation of it

I

20 understand the interpreter was attempting to

and I

21 clarify what was said but the debtor did not

22 and we'd like to know as far as I heard, respond,

23 what he said.

24 I'll

This is Bill Baldiga. MR. BALDIGA: 25 accept your apologies.

That was not the debtor, but

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 10 of

March 21, 2022 Ho Wan Kwok -

1 accept your apology for that inference.

I 2 I'm going to come back to

MS. CLAIBORN:

3 that a

in minute.

4 ( Indiscernible)

Okay. MR. HARBACH: 5 should apologize, but can we inquire then

whether I 6 The interpreter was

who made the outburst? 7 attempting to clarify and so are we.

Forgive the

8 inference.

9 interpreted what So I

INTERPRETER:

THE 10 Just now someone burst out with a

you requested.

11 few words -- The interpreter did

with sentences.

12 So the interpreter tried

not get those sentences. 13 to clarify who talked and what those words are, but 14 nobody picked up the interpreter's question. 15 This is Holley Claiborn. MS. CLAIBORN: 16 Could the person who spoke up please answer the 17 interpreter's question and identify themselves? 18 Sorry about that.

Just

INTERPRETER:

THE

19 now it was it was just a video tape.

It was not

20 someone talked. 21 This is Bill Baldiga. Mr. BALDIGA: MR.

22 Kwok -- Kwok heard during that outburst was

what Mr. 23 someone playing back an audio of his voice and we do 24 want to know everyone who is on the phone and we 25 would like identified who played that audio clip.

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 11 of 83

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ho Wan Kwok - March 21, 2022 10 Thank you. UNIDENTIFIED: Sorry, it was me. I played Mr. Kwok's video just now. MS. CLAIBORN: Could the person who just spoke identify themselves? THE INTERPRETER: The interpreter needs to clarify. (Interpreter inquires) MR. YAN: My name is Xingyu Yan. I'm one of Mr. Kwok's creditors. MR. BALDIGA: Can we have the spelling, please? Could we obtain the spelling of that name please? MR. YAN: The spelling is X, for Xray, I, as India, N, as in Nancy, Gas in George, Yasin Yes, U as in umbrella. in Nancy. Last name Y, A as in apple, N as MR. BALDIGA: Ms. Claiborn, Bill Baldiga again. Could you please exhaust the names of everyone else on the line, just so we know who is participating, whether or not they intend to ask questions? MS. CLAIBORN: I'm trying to get there. That was my -- okay. Is anyone else on the line? If you are on

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 12 of G-R-E-I-F.

(indiscernible).

Myers.

Rudnick. Ho Wan Kwok - March 21, 2022 11 the line, and you could please identify yourself? MR. GREIF: Hello. My name is Steven Greif, MR. WARREN: Steven Warren of O'Melveny & MR. JALBERT: Craig Jalbert of INDISCERNIBLE: (Indiscernible) from Robinson and Cole. INDISCERNIBLE: (Indiscernible) from Stroock, Stroock and Lavan. MS. DEERING: Alexandra Deering of Brown

14 15 16 17 18 19 20 21 22 23 24 25 MS. CLAIBORN: This is Holley Claiborn again. Thank you all for putting your appearances on the record. And if I could go back to debtor's camp, Mr. Baldiga, could you put your appearance on the record and note everybody who's with you at your location. MR. BALDIGA: Yes. We're in our -- I'm sorry. I missed what was just said. MS. CLAIBORN: Mr. Baldiga, could you go ahead, please? Mr. Baldiga, could you go ahead, please? MR. BALDIGA: Yes. Thank you. We are at

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 13 of

March 21, 2022 Ho Wan Kwok -

our offices at 7 Times Square in New York.

And can you please state the name,

Mr. Baldiga, of who is present with you?

response.) (No Baldiga, could you please

Mr. MS. CLAIBORN: state the names of the people who are with you? Ben Silverberg and Uri Pinelo. MR. BALDIGA:

believe Other names I

Okay. MS. CLAIBORN:

heard earlier are Una Menye (ph), who is an I

interpreter, and Attorney Aaron Mitchell. That's right. Yes. BALDIGA: MR.

I'm going to swear in

Okay. Ms. CLAIBORN:

would ask everyone to put their Kwok and I

Mr. phones on mute.

(The debtor is sworn.) today's as you know,

Mr.

Kwok,

MS. CLAIBORN:

meeting is being recorded and there's an

interpreter, Bin, who's interpreting my questions and the comments of others and will also be interpreting your answers. Please wait to answer any questions you are asked today until the official interpreter has made full translation.

a

ask that you do not communicate with your

I

25 own interpreter who is present with you before you

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 14 of

March 21, 2022 Ho Wan Kwok - 1 will answer the questions, and should you do so, I

2 ask the official interpreter to translate that 3 discussion.

4 Could you please

Sorry. INTERPRETER:

THE

5 repeat?

6 ask that you do

Mr.

Kwok,

MS. CLAIBORN:

I

7 not communicate with your own interpreter who is 8 with you today before you answer my questions or the 9 questions of others.

10 He could not use his own

INTERPRETER:

THE

11 interpreter.

12 could you translate that Bin,

MS. CLAIBORN: 13 instruction for Mr. Kwok. 14 This is Bill Baldiga. BALDIGA: MR.

15 To the extent 16 Baldiga, could you just

Mr. MS. CLAIBORN: 17 wait for Bin to interpret that instruction for me 18 and then you can make your comment.

19 This is Bill

things. BALDIGA:

Two

MR. 20 Baldiga.

21 you've become quite muffled again Holley,

22 to the extent that Mr.

Kwok needs to and second,

23 talk to his interpreter to better understand what 24 was said or the interpreter in the room with us 25 believes that there was a misinterpretation, we will

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 15 of

March 21, 2022 Ho Wan Kwok -

1 tell you that so that you do know if there is a 2 further conversation. 3 Thank you. MS. CLAIBORN:

4 Sworn HO WAN KWOK,

5 EXAMINATION BY MS. CLAIBORN:

6 can you please explain the reason

Mr.

Kwok, Q

7 to file your Chapter 11 bankruptcy case? 8 Sorry? UNIDENTIFIED:

9 please explain the reasons behind

Mr.

Kwok, Q

10 your decision to file your Chapter 11 bankruptcy 11 case? 12 This is David Harbach.

We're

HARBACH: MR. 13 having trouble understanding you again. 14 apologize.

My phone system

MS. CLAIBORN:

I

15 is new and I'm yelling into the phone, but unless I

16 put it on speaker phone I won't be able to record

17 it. Does yelling improve your ability to hear me?

18 It's very difficult to

MR. HARBACH: 19 understand your questions because they're so

20 it's diction, It's not volume, if I

muffled.

may be

21 blunt. 22 will try to speak slowly. MS. CLAIBORN:

I

23 Is that any better?

24 It seems to be,

yes.

Thank

BALDIGA: MR. 25 you. Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 16 of

March 21, 2022
Ho Wan Kwok -

2 We're going to try this again. Okay.

Q 3 can you please explain your

Mr.

Kwok,

4 reasons behind filing your Chapter 11 bankruptcy 5 case?

6 don't know what

cannot understand you.

I I A

7 you mean by filing Chapter 11 of bank.

8 why did you file your bankruptcy

Mr.

Kwok, Q

9 case?

10 The interpreter would like

INTERPRETER:

THE

11 to clarify the word he said. 12 I'm not filing any bankruptcy certificate.

A

13 Let me try again.

Q 14 you are a Chapter 11 debtor in a

Mr.

Kwok,

15 bankruptcy proceeding here in the United States.

16 what were the reasons behind your

Mr.

Kwok,

17 decision to file your bankruptcy case? 18 So you're asking me why I'm applying for

A

19 right?

bankruptcy,

20 Yes.

Q 21 filed (indiscernible) in mid-February in I A

22 my second trial, or second appearance in Southern

23 District. I fine of \$120 million and I was given a

24 was ordered to pay it off within five days.

So 25 without any choices -- filed bankruptcy so I

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 17 of

r ﺎ
March 21, 2022
Ho Wan Kwok -

1 application at Connecticut state and Chapter 11.

2 when was the first time you spoke

Mr.

Kwok, Q

3 lawyer about filing a bankruptcy case?

with a 4 Just the date, or the

BALDIGA: MR. 5 approximate date. Not the substance of the advice.

6 Approximately 12,

13.

A

7 Can you please provide the month and the

Q

8 year? 9 It was February the 12th of 2002.

A

10 Did you say 2002 or 2021?

Q

11 February the 12th or 13. 2022.

A 12 I'd ask you to take a look at your

Mr.

Kwok, Q

13 bankruptcy petition that was filed with the 14 bankruptcy court at ECF 1.

15 a handwritten signature appears on

Mr.

Kwok,

16 that petition. Is that your handwritten signature?

17 I'll ask the lawyer to get

second.

Hold on a A 18 it and I'll take

look.

a

19 This is Bill Baldiga.

have

MR. BALDIGA:

We

20 with us the petition with the electronic signature 21 as filed.

don't have in the conference room me I 22 If you'd like us to get

the handwritten signature. 23 it, we could get it at a break.

24 look at the can you take a

Mr.

Kwok, Q

25 document that your counsel has, which is the

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 18 of

March 21, 2022 Ho Wan Kwok -

1 bankruptcy petition with your printed name on it and 2 confirm that you signed that document prior to it 3 being filed with the court? 4 Please hold on one second.

take a Let me A

5 look.

6 hear the translation, Could I

MR. BALDIGA: 7 want to hear the translation of what you please.

I

8 said.

9 (No response.) 10 Is the translator still with

MR. BALDIGA: 11 us? 12 are you on the line?

Bin,

MS. CLAIBORN:

13 (No response.)

14 are you there?

Bin, 15 (No response.)

16 It seems that Bin has left us so I'm going 17 to put everybody on hold and I'm going to try to 18 reconnect her. apologize.

I

19 That's okay.

Could we take a

BALDIGA: MR. 20 short break?

21 It's going to take me few

MS. CLAIBORN:

a

22 minutes to do that, so go ahead and we'll reconvene 23 can get her on the line.

as soon as I

24 Thank you very much. MR. BALDIGA:

25 (Off the record.)

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 19 of

March 21, 2022
Ho Wan Kwok -
1 are back on the record

MS. CLAIBORN:

We 2 after a short break due to some technical

3 difficulties. 4 BY MS. CLAIBORN: 5 The pending question was asking Mr.

Kwok to Q

6 confirm that he signed the bankruptcy petition that 7 was filed at ECF 1. 8 have finished looking at it, yes.

I A 9 did you read and understand the

Mr.

Kwok, Q

10 bankruptcy petition and information it contains 11 before you signed it? 12 understood.

Yes, I A 13 was the petition translated into

Mr.

Kwok, Q

14 another language for you before you signed it? 15 it was translated into Chinese for me.

Yes, A

16 translated the bankruptcy petition?

Who Q

17 My lawyer did.

A

18 don't think that Mr.

Baldiga

Mr.

Kwok, I Q

19 speaks Chinese. 20 So who was the company or the person that 21 you used to translate the petition for you? 22 don't know.

I A 23 is the information in your

Mr.

Kwok, Q

24 bankruptcy petition true and accurate to the best of 25 your knowledge? Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 20 of

March 21, 2022
Ho Wan Kwok -

1 it is accurate and true.

Yes, A 2 look at the can you please take a

Mr.

Kwok, Q

3 declaration and about individual debtor's schedules 4 that was filed with the court docket at ECF No. 79.

5 Sorry, could you please

INTERPRETER:

THE

6 repeat?

7 look at the can you please take a

Mr.

Kwok, Q

8 declaration about an individual debtor's schedules 9 that was filed with the bankruptcy court at ECF 79.

10 a handwritten signature appears on

Mr.

Kwok,

11 that declaration.

Is that your handwritten

12 signature?

13 it was signed

The document in my hand.

Yes, A

14 by me. 15 And are you looking at ECF no. 79?

Q

16 Yes.

A 17 was the declaration that was filed

Mr.

Kwok, Q

18 at ECF 79 translated into another language for you 19 before you signed it? 20 Yes.

A

21 What language was it translated into?

Q

22 Chinese.

A 23 do you know who did the

Mr.

Kwok, Q

24 translation of ECF no. 79? 25 Yes.

A

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 21 of

o n
March 21, 2022
Ho Wan Kwok -

1 And who was that person who translated ECF

Q

2 79 into Chinese for you? 3 The lawyer.

A 4 Can you tell me

the name of the lawyer?

Q

5 Bill.

A

6 This is Bill Baldiga.

The

BALDIGA: MR. 7 witness is not distinguishing between what I

did

8 personally and what we had commissioned,

to help

9 clarify. do not obviously do translations myself.

I 10 Attorney Baldiga, can you

MS. CLAIBORN:

11 tell me the name of the translation person who

12 worked for you or the name of the company? 13 I'll have to get that.

don't

BALDIGA:

I

MR. 14 have it here.

15 did you read and understand the

Mr.

Kwok, Q

16 declaration filed at ECF no.

79 before you signed

17 it? 18 understood.

Yes, A 19 look at your can you please take a

Mr.

Kwok, Q

20 bankruptcy schedules that were filed with the 21 bankruptcy court at ECF 78.

22 for purposes of today, when I

And Mr.

Kwok,

23 used the term schedules, either collectively or by a

24 particular schedule, I'm referring to the documents

25 that were filed at ECF 78.

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 22 of

March 21, 2022 Ho Wan Kwok - 1 were your bankruptcy schedules

Mr.

Kwok,

2 translated for you? 3 it was translated.

Yes, A 4 were you involved in preparing the

Mr.

Kwok, Q

5 responses and the answers to the questions in the 6 schedules? 7 was.

Yes, I A 8 did you read and understand all of

Mr.

Kwok, Q

9 the responses and the answers to the questions in 10 the schedules before you signed the declaration that 11 was filed at ECF 79. 12 Yes.

A 13 who assisted you in the

Mr.

Kwok, Q

14 preparation of your bankruptcy schedules? 15 The lawyer.

A 16 can you tell me which lawyers

Mr.

Kwok, Q

17 helped you? 18 Bill.

A 19 are you referring to Attorney

Mr.

Kwok, Q

20 Baldiga? 21 Yes.

A 22 did any other lawyers help you in

Mr.

Kwok, Q

23 preparing your bankruptcy schedules? 24 Yes.

A 25 Can you please tell me the names of the Q

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 23 of

March 21, 2022
Ho Wan Kwok -

1 other lawyers who assisted you? 2 don't know how to say their names.

I I A

3 cannot read English well.

4 This is Bill Baldiga. I'm

MR. BALDIGA: 5 happy to add that, of course, other of our 6 colleagues here at Brown Rudnick assisted. But I'm

7 Kwok would have details as to who

not sure Mr. 8 exactly assisted on what part of it, but you could

9 ask,

of course.

10 did any lawyer help you prepare

Mr.

Kwok, Q 11 your schedules who is not a

lawyer at Brown Rudnick?

12 need to talk with

Excuse me. BALDIGA:

I

MR.

13 I'm just going to put you

Kwok for one second. Mr. 14 on mute for one second.

15 I'd prefer he answer the

MS. CLAIBORN: 16 question before you have your conference, Mr. 17 Baldiga. 18 Because the whole bankruptcy application,

A

19 the whole stuff was arranged by this lawyer.

But I

20 don't know all the other details.

21 you want to confer with

MS. CLAIBORN:

Do

22 your client? 23 I'll clarify only that Mr. MR. BALDIGA: 24 Kwok likely does not know of all of the 25 conversations that we've had with others, but this

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 24 of

March 21, 2022 Ho Wan Kwok - 1 is the opportunity to exam him, so you can obviously

2 ask that but we don't want to be misleading. 3 aside from Mr.

Baldiga and lawyers

Mr.

Kwok, Q

4 at Brown Rudnick did you speak with any other 5 lawyers about preparing your bankruptcy schedules? 6 Yes.

A

7 did you speak with?

Who Q

8 Another law firm called Ari and my personal

A

9 (indiscernible).

lawyer

10 What is the name of your personal lawyer?

Q 11 confer and I might be Could I

MR. BALDIGA: 12 able to answer that question? 13 ahead. MS. CLAIBORN:

Go 14 second to have a Could I

BALDIGA: MR. 15 confer, please? 16 Yes. MS. CLAIBORN:

17 (Pause.)

18 Thank you. BALDIGA: MR.

19 what is the name of your personal

Mr.

Kwok, Q

20 lawyer?

21 Guy Petrillo and

(indiscernible).

Ari A 22 understand correctly that you Kwok do I

Mr.

Q

23 discussed your bankruptcy schedules with Guy 24 Petrillo and Aaron Mitchell? 25 Yes.

A

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 25 of

Ho Wan Kwok - March 21, 2022
1 did you discuss your bankruptcy

Mr.

Kwok, Q

2 schedules with any other lawyers that you haven't

3 yet told me

about today? 4 don't remember.

I A 5 are there any errors or omissions

Mr.

Kwok, Q

6 in your bankruptcy schedules? 7 don't see anything like that now.

I A 8 is everything in your bankruptcy

Mr.

Kwok, Q

9 schedules true and accurate to the best of your 10 knowledge? 11 Yes.

A 12 look at could you please take a

Mr.

Kwok, Q

13 your bankruptcy statement of financial affairs that 14 was filed with the court at ECF no. 77.

15 using the numbers at the top of

Mr.

Kwok,

16 the document can you please go to page 20 where you 17 will find a handwritten signature. 18 Sorry?

THE

INTERPRETER: 19 Where you will find a handwritten signature.

Q 20 is the handwritten signature on

Mr.

Kwok,

21 page 20 of the statement of financial affairs your 22 own? 23 Yes.

A 24 was the statement of financial

Mr.

Kwok, Q

25 affairs translated for you before you signed it?

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 26 of

March 21, 2022
Ho Wan Kwok -

1 Yes.

A 2 were you involved in the preparing

Mr.

Kwok, Q

3 of the responses and the answers to the questions in 4 the statement of financial affairs? 5 Yes.

A 6 did you read and understand all

Mr.

Kwok, Q

7 the responses and answers to the questions in the 8 statement of financial affairs before you signed it? 9 understood all.

I A 10 are there any errors or omissions

Mr.

Kwok, Q

11 in your statement of financial affairs? 12 No.

A 13 (No response.) 14 would you please answer the

Mr.

Kwok, Q

15 question? 16 I'm sorry.

Could you repeat

BALDIGA: MR. 17 We didn't get the interpretation here in the that? 18 room for some reason. 19 I'll ask the question again. MS. CLAIBORN: 20 Are there any errors or omissions in your

Q

21 statement of financial affairs?

22 haven't found any errors or to now I Up A

23 omissions.

24 is everything in your statement of

Mr.

Kwok, Q

25 financial affairs true and accurate to the best of

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 27 of

March 21, 2022
Ho Wan Kwok -

1 your knowledge? 2 Yes.

A 3 who assisted you in the

Mr.

Kwok, Q

4 preparation of your statement of financial affairs? 5 My lawyer, Bill, and my financial advisor,

A

6 Matt.

7 are you referring to Attorney

Mr.

Kwok, Q

8 Baldiga? 9 Yes.

A 10 And what is the name -- the full name of the Q

11 financial advisor? 12 don't know how to spell it.

I A 13 It's Matt Flynn and colleagues

MR. BALDIGA: 14 at Verdolino and Lowey.

But you could

15 is that correct? Mr.

Kwok, Q 16 will say it wrong, I'm afraid I will but I A

17 my lawyer Baldiga to clarify for you. ask for Mr. 18 can move on.

We Q

19 This is Bill Baldiga. MR. BALDIGA: 20 Kwok simply does not know the full name Mr. 21 of Matt Flynn or Matt's colleagues at Verlino and

22 confirm that he is pointing at Matt but I Lowey,

23 Flynn next to him when he answers the question. 24 Thank you. MS. CLAIBORN:

25 did anyone else help you with your

Mr.

Kwok, Q

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 28 of

March 21, 2022 Ho Wan Kwok -

1 statement of financial affairs? 2 No.

A 3 how long have you lived in the

Mr.

Kwok, Q

4 United States? 5 Nearly seven years.

A

6 This is David Harbach. HARBACH: MR.

I

7 didn't get the translation of the answer.

8 can you please repeat Bin,

MS. CLAIBORN: 9 your translation. 10 Nearly 7 years. INTERPRETER:

THE 11 do you still live at the Taconic

Mr.

Kwok, Q

12 Road property in Greenwich? 13 Yes.

A

14 owns that property in Greenwich?

Who Q

15 My wife.

A 16 Your bankruptcy documents refer to a company Q 17 called Greenwich Land,

owns that company? LLC.

Who

18 My wife.

A

19 What is your wife's name?

Q 20 (Indiscernible) A 21 could you please Bin,

MS. CLAIBORN:

22 translate that for me into a

spelling?

23 just clarify with Let me

INTERPRETER:

THE 24 can spell him which Chinese characters are, then I

25 it for you.

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 29 of

March 21, 2022
Ho Wan Kwok -
1 My wife's name is read at (indiscernible) A 2 but she's from --

she's from Hong Kong.

Their

3 spelling is different from Mainland and I

don't know

4 how to spell her name.

5 could you just please spell her

Mr.

Kwok, Q

6 last name? 7 don't know how to spell.

A I

8 Does anyone else have a membership interest

Q

9 in Greenwich Land LLC aside from your wife? 10 don't know.

I A 11 formed as a When was Greenwich Land LLC Q

12 company? 13 2020.

A 14 have you ever been a member of

Mr.

Kwok, Q 15 Greenwich Land,

LLC? 16 No.

A 17 LLC pay for the How much did Greenwich Land, Q

18 purchase of the Greenwich property on Taconic Road? 19 don't know specifically but approximately

I A

20 5 million. 21 And how was that purchase funded?

Q

22 don't know.

I A

23 Who would know the answer, Mr. Kwok?

Q

24 Sorry? INTERPRETER:

THE

25 Who would know the answer to that, Mr. Kwok?

Q

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 30 of

March 21, 2022
Ho Wan Kwok -

1 My wife knows.

A 2 This is David Harbach and I

HARBACH: MR. 3 apologize for the interruption. 4 We missed the translation by the number of 5 that Mr.

Kwok said approximately this kind of

6 Could that please be repeated? property would cost.

7 Sorry, the interpreter

INTERPRETER:

THE

8 cannot hear you clearly.

9 will ask your Harbach,

Mr. MS. CLAIBORN:

I

10 question again. 11 Thank you. MR. HARBACH: 12 How much was the Taconic Road property in

Q

13 Greenwich purchased for? 14 don't know clearly but approximately 4

I A

15 million to 5 million. 16 When did Greenwich Land LLC purchase the

Q

17 property on Taconic Road in Greenwich? 18 don't know the specific time.

I A

19 you know the year?

Do Q

20 don't remember clearly. 2019 or 2020.

I A 21 (Unintelligible background chatter.) 22 Could whoever is speaking

MS. CLAIBORN: 23 identify themselves? 24 just for one second.

Excuse me

MR. BALDIGA:

25 I'm just going to

translation issue.

We may have a

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 31 of

March 21, 2022 Ho Wan Kwok -

1 put you on mute for one second.

2 (Pause.)

3 This is Bill Baldiga. BALDIGA: MR.

We

4 believe that the answer by Mr.

Kwok to the date was

5 2019 or 2020, but the translator may have said 2020 6 obviously don't know. without a mention of 2019.

I 7 if it matters, But that's -- you could re-ask to be

8 sure that there's clarity around that?

9 when did Greenwich Land LLC

Mr.

Kwok, Q

10 purchase the Taconic Road property in Greenwich? 11 Maybe it's 2020 or maybe it's 2019.

don't I A

12 remember clearly. don't know.

I 13 did you sign any documents in

Mr.

Kwok, Q

14 connection with the purchase of the Taconic Road 15 Property in Greenwich? 16 No.

A 17 who lives at the Taconic Road

Mr.

Kwok, Q

18 property in Greenwich? 19 Sorry? INTERPRETER:

Who THE

20 lives at the Taconic Road property in

Who Q

21 Greenwich? 22 My wife and I.

Sometimes my daughter who A

23 lives in New York will come back.

24 are you currently employed by

Mr.

Kwok, Q

25 anyone?

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 32 of

March 21, 2022 Ho Wan Kwok -

1 Are you what? INTERPRETER:

THE

2 Are you currently employed by anyone or any

Q

3 company? 4 No.

A 5 have you had any employment or any

Mr.

Kwok, Q

6 job with an employer since you started living in the 7 United States? 8 don't remember clearly.

don't remember I I A

9 clearly but approximately in 2015 at Golden Spring I

10 got part of my wages

worked for some time.

After I

11 left and nothing else.

of salary I

12 What work did you do for Golden Spring in

Q

13 2015? 14 don't remember quite clearly but it seems

I A 15 it (indiscernible) was put in charge of I 16 investors. But I don't (indiscernible) developing

17 remember clearly.

18 when did you stop working for

Mr.

Kwok, Q

19 Golden Spring? 20 just one second.

Excuse me

MR. BALDIGA:

I 21 just want to make sure we -- for one excuse me 22 just want to make sure we don't

second.

I

23 translation.

(indiscernible)

We may.

24 (Pause.) 25 Our interpreter believes that

BALDIGA: MR.

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 33 of

March 21, 2022 Ho Wan Kwok - 1 the response was that if he had a role at Golden

2 Springs, it was to develop investment opportunities 3 not to develop investors.

4 when did you stop working for

Mr.

Kwok, Q

5 Golden Spring? 6 don't remember clearly.

I A 7 when you say Golden Spring, are

Mr.

Kwok, Q

8 you referring to the company known as Golden Spring, 9 Limited?

New York,

10 Yes.

A 11 did you get paid for any of the

Mr.

Kwok, Q

12 work that you for Golden Spring? 13 Yes.

A

14 How much were you paid?

Q 15 don't remember

Approximately 200,000.

I A

16 specifically.

17 did you receive a paycheck from

Mr.

Kwok, Q

18 your work at Golden Spring?

19 don't remember clearly should have but I I A

20 specifically.

21 did you put the money that you

Mr.

Kwok, Q

22 were paid by Golden Spring into a bank account?

23 should have put it into a credit card I A

24 account at Morgan Stanley.

25 are you saying that you had a bank

Mr.

Kwok, Q

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 34 of

Ho Wan Kwok - March 21, 2022

Do you still have a bank account at Morgan

When did you close your accounts at Morgan

account at Morgan Stanley?

Yes, once I had.

Stanley?

A Around April, 2017 when (indiscernible) the Chinese Communist Party stated chasing me

and

10 11 (indiscernible) closed. me. So all my bank accounts were

12 13 MR. BALDIGA: mistranslation there. Hold on. There's a

14 (Pause.) A
Q

Stanley?

A

No.

Q

15 16 17 18 MR. BALDIGA: The prior misstatement or mistranslation was just the interpretation of the word. But here the entire crux of the answer was left out. And I'm not sure what happened.

19 20 MS. CLAIBORN: Maybe I can ask a different question. We can try again.

21 22 23 24 25 MR. BALDIGA: No, I think -- no, I think the answer -- I'm concerned with the accuracy of the translation because there was specific mention of names that were simply not produced in the answer. And I'll guess, Bin, did you not hear the mention of

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 35 of

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ho Wan Kwok - March 21, 2022 PACS and Bruno Wu, or was there a sound issue, or what happened? (Interpreter translates) MS. CLAIBORN: Mr. Kwok, did you -- MR. KWOK: So Bruno Wu, (indiscernible) 34 Airlines and also Chinese Communist party, they all chased me and wanted to kill me. So I (indiscernible) closed. -- all my bank accounts were PAC, PACS. (Indiscernible) all the people are present today at today's meeting. MR. BALDIGA: Could we have on the record the entirety of what Mr. Kwok said. That's a very small part of what he said, obviously. what he said but that's much shorter. (Interpreter translates) I don't know THE INTERPRETER: him to (indiscernible) The interpreter is asking every two names so that I can maintain the integrity of his meaning. MR. KWOK: At today's meeting there are PAC, one of the major creditors. And also (indiscernible). And also (indiscernible) member. All the money that had to be paid went into an account of the Communist Party under the name of Bruno Wu. So since that day when all the -- all the 83

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 36 of

ર ਸ
March 21, 2022 Ho Wan Kwok -

1 representatives of the Chinese Communist party --

so 2 lost all my when the chasing and killing started I

3 bank accounts. 4 This is David Harbach.

Bin,

MR. HARBACH: 5 could you please repeat that? 6 Sorry? INTERPRETER:

THE

7 This is David Harbach. HARBACH:

You

MR. 8 just translated an answer that began with since that 9 Can you please repeat the answer in English? day.

10 Since that day all those

INTERPRETER:

THE

11 people who are representatives of Chinese Communist 12 lost all my bank accounts.

Party, since that day I

13 BY MS. CLAIBORN:

14 did you have any money in your

Mr.

Kwok, Q

15 Morgan Stanley account when you closed it? 16 Yes.

A

17 And where did you move that money to?

Q 18 Nobody bothered looking at me again since A

19 the account was closed.

20 my question is where did you move

Mr.

Kwok, Q

21 the money to?

22 This is Bill Baldiga -- I'm

BALDIGA: MR. 23 This is Bill Baldiga. sorry. 24 Could you ask if perhaps you're inferring or 25 implying that he moved it as opposed to something

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 37 of

で C
March 21, 2022 Ho Wan Kwok - 1 Could you ask it in a more neutral

happened to it? 2 way and you may get a more full answer?

3 did you or someone acting on your

Mr.

Kwok, Q

4 behalf close the Morgan Stanley account?

5 The Communist Party, Bruno Wu and also the A 6 It was closed by the Communist (indiscernible)

7 party.

8 was the Morgan Stanley account in

Mr.

Kwok, Q

9 the United States? 10 Yes.

A 11 how does somebody other than you,

Mr.

Kwok, Q

12 or someone acting on your behalf close a bank 13 account in your name?

14 to repeat the He wants me

INTERPRETER:

THE

15 question, the interpretation of the question.

16 (Interpreter translates again.)

17 It's the core control of the Communist

A

18 Party, like what's happening today. The same thing.

19 ( Indiscernible)

happened on me.

20 Claiborn, could I suggest

Ms. MR. BALDIGA: 21 that you ask whether Morgan Stanley closed the 22 just so we could be more efficient here?

account, 23 did you close the account at

Mr.

Kwok, Q

24 Morgan Stanley? 25 Sorry? INTERPRETER:

THE

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 38 of

March 21, 2022
Ho Wan Kwok -
1 did you close the account at

Mr.

Kwok, Q

2 Morgan Stanley?

3 still didn't

I'm sorry. INTERPRETER:

I THE

4 quite get the question actually.

5 did you personally close the

Mr.

Kwok, Q

6 account at Morgan Stanley? 7 No.

A 8 did you ask someone at Morgan

Mr.

Kwok, Q

9 Stanley to close your account? 10 No.

A 11 how did you find out that your

Mr.

Kwok, Q

12 bank account at Morgan Stanley was closed?

13 Morgan Stanley notified me that I was on the A 14 So it was

wanted list of the Chinese government. 15 Bruno Wu who was representing (indiscernible)

name

16 on the wanted list so the account was closed.

17 when Morgan Stanley closed the

Mr.

Kwok, Q

18 account, what happened to the money in the account?

19 this is David Claiborn,

Ms. MR. HARBACH:

20 missed the second half of that I'm sorry. I

Harbach. 21 question.

When Morgan Stanley closed the account

22 lost you.

and then I 23 I'll repeat

my question.

Q 24 when Morgan Stanley closed the

Mr.

Kwok,

25 bank account, what happened to the money in the bank

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 39 of

Ho Wan Kwok - March 21, 2022 38

1 account?

2 The last thing I Chinese speaking know was a A 3 telling me that my account was person called me 4 was under a wanted list of the closed because I 5 And what happened later on I

Chinese government. 6 don't know really.

7 how much money was in the --

Mr.

Kwok, Q 8 This is Bill Baldiga

BALDIGA: MR. 9 Baldiga?

Yes,

Mr. MS. CLAIBORN:

10 This is Bill Baldiga. I think

MR. BALDIGA:

11 it would be helpful -- don't want to interrupt I 12 if we took a break pretty your flow of questions,

13 But if you want to finish this line, certain soon. 14 do that.

15 also want -- there may be some confusion I

16 with the Morgan name and so you may want to ask the 17 witness whether it's, in fact, Morgan Stanley or JP 18 Morgan Chase.

19 think it was JP

remember.

Now I I

MR. KWOK:

20 just cannot differentiate. I get

Morgan Chase.

I

21 confused with Morgan Stanley or JP Morgan Chase.

22 was there only one account at

Mr.

Kwok, Q

23 whatever it is you're calling it, be it JP Morgan 24 Chase or Morgan Stanley?

25 remember is I have this only one What I A

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 40 of

March 21, 2022 Ho Wan Kwok -

1 account.

2 How much money was in that account Q

3 approximately when it was closed? 4 dollars. A few thousand U.S.

A 5 missed it. Can you repeat

MR. HARBACH:

I

6 the English, please?

7 can you please repeat Bin,

MS. CLAIBORN: 8 the answer?

9 (No response.) 10 can you please repeat Bin,

MS. CLAIBORN: 11 the answer? 12 This is David Harbach. HARBACH:

I

MR. 13 missed the translation before the word thousand.

I

14 did not hear the number.

Could you please repeat

15 it?

16 He said a few thousand

INTERPRETER:

THE

17 dollars. U.S.

18 when you say a few thousand

Mr.

Kwok, Q 19 dollars, can you give me

an idea of what you mean? 20 Was it under \$10,000? 21 don't remember.

I A 22 few minutes ago you testified

Mr.

Kwok, a Q

23 that you were working for Golden Spring developing 24 investment opportunities. Can you explain more? 25 Sorry? INTERPRETER:

THE

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 41 of

March 21, 2022 Ho Wan Kwok - 1 wasn't finished with the

MS. CLAIBORN:

I

2 I'll try again. question. apologize.

I 3 few minutes ago you testified

Mr.

Kwok, a Q

4 that you were working for Golden Spring developing 5 investment opportunities.

Can you please explain

6 what you mean by that? 7 don't remember.

I A

8 When you were working for Golden Spring,

Q

9 were you working in the United States? 10 Yes.

A

11 When you were working with Golden Spring did

Q

12 job title?

you have a

13 don't remember.

I A

14 When you were working for Golden Spring, did

Q

15 you do any other work aside from developing 16 investment opportunities?

17 (indiscernible)

Communist Party of China.

A

18 Can you please explain that?

Q 19 Since 2015 up till have been spending now I A

20 all my time and my energy on collecting information 21 about corruption and also human rights issues and 22 assassinations of the Community Party.

That's my

23 target and my work.

24 do you currently have any source

Mr.

Kwok, Q

25 of income?

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 42 of

March 21, 2022 Ho Wan Kwok -

1 didn't get you.

Could

INTERPRETER:

I THE

2 you please repeat?

3 do you currently have a source of

Mr.

Kwok, Q

4 income? 5 No.

A 6 have you filed your tax returns

Mr.

Kwok, Q

7 for the year 2021 with the Internal Revenue Service 8 in the United States? 9 No.

A 10 have you filed any tax returns in

Mr.

Kwok, Q

11 states for the tax year 2021? 12 Sorry? INTERPRETER:

THE

13 Have you filed any tax returns for any

Q

14 states for the tax year 2021? 15 No.

A

16 What tax returns will you need to file for

Q

17 what states for the year 2021? 18 Individual tax file in Connecticut.

A 19 Will you be filing a tax return for the Q

20 State of New York for the year 2021? 21 No.

A 22 you previously provided to my

Mr.

Kwok, Q

23 office tax returns for the years 2019 and 2020.

Are

24 those tax returns the same as the tax returns you 25 filed with the Internal Revenue Service in the State

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 43 of 83

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ho Wan Kwok - March 21, 2022 of New York? THE INTERPRETER: Sorry, the date of what? MS. CLAIBORN: 2019 and 2020. THE INTERPRETER: Yes, I got that. What's the later part? A Q A MS. CLAIBORN: The State of New York. No, I filed them in Connecticut, 2020. Mr. Kwok -- I in (indiscernible) for 2019 and 2020. 2020 I filed in Connecticut. MR. BALDIGA: Holley, can we take a break soon? 42 MS. CLAIBORN: Unfortunately, I'm going to suggest that we can't really take a break because we only have the interpreter until 2:00. So if we do, it needs to be a very, very short one. MR. BALDIGA: Okay. Five minutes? MS. CLAIBORN: Yeah, let me just ask one question before we do that. Q Mr. Kwok, please confirm that the tax returns that you provided to the United States Trustee for the year 2020 and 2019 were the same as those filed with the taxing authorities? THE INTERPRETER: The what? Sorry, the last word. Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 44 of

March 21, 2022 Ho Wan Kwok -

1 Authorities. MS. CLAIBORN:

2 Yes Q

3 Could you please repeat? INTERPRETER:

THE

4 Sorry.

5 can you please confirm that the

Mr.

Kwok, Q

6 tax returns that you provided to the Office of the 7 United States Trustee for the tax years 2019 and 8 2020 are the same as those that you provided to the 9 Internal Revenue Service and to the State of 10 Connecticut and to the State of New York? 11 Yes.

A 12 in your 2020 tax return

Mr.

Kwok, Q

13 want to clarify.

As you

MR. BALDIGA:

I

14 there were very limited redactions as to

know, 15 Social Security number and maybe a couple of data

16 points. I'm not sure if the witness knows what we 17 did by way of that data protection, but you do.

I

18 just wanted to not leave the record ambiguous in 19 that regard. 20 Thank you. MS. CLAIBORN:

21 your 2020 tax return reports

Mr.

Kwok, Q

22 interest income only and no other source of income. 23 Did you have any other source of income in 2020? 24 No.

A 25 I'm going to take a

Okay. MS. CLAIBORN:

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 45 of

March 21, 2022 Ho Wan Kwok -

1 It is now 12:30.

would like

very short break.

I

2 everyone to reconvene at 12:35. I'm not going to

3 I'm just going ask you to all

disconnect the call. 4 put your phones on hold. 5 We will reconvene at 12:35. Thank you.

6 (Off the record.) 7 are back on the

Okay. MS. CLAIBORN:

We 8 record after a

short break.

9 would like to talk to you about

Mr.

Kwok, I Q

10 Golden Spring, New York. 11 you currently work for Golden Spring in

Do

12 any capacity? 13 No.

A

14 When was Golden Spring New York Limited

Q

15 formed? 16 Sorry? INTERPRETER:

THE

17 When was Golden Spring New York Limited

Q

18 formed?

19 cannot get the Sorry,

INTERPRETER:

I THE

20 later half. Golden New York what?

21 I'm going to actually just

MS. CLAIBORN: 22 refer to it as Golden Spring.

do that I'm When I

23 referring to Golden Spring New York.

24 When was Golden Spring formed as a

company?

Q

25 don't know.

I A

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 46 of

March 21, 2022 Ho Wan Kwok -

1 The address on the petition is 162 East 64th

Q

2 Street. owns that property?

Who

3 can ask the question again.

I

4 The address for Golden Spring is listed as 5 162 East 64th Street in New York.

owns that Who

6 property? 7 don't know.

I A

8 What is the nature of that property at 162

Q

9 East 64th Street? 10 don't know which property you're talking

I A

11 about.

12 The office of Golden Spring -- Q 13 I'm not sure that was --

MR. BALDIGA: 14 just try again.

Let me

MS. CLAIBORN:

15 The office of

16 translation issue.

There's a

BALDIGA: MR. 17 Could we confer for one second because 18 obviously there's a misunderstanding. So could Mr. 19 Kwok talk to his translator because that obviously 20 didn't come through.

21 just -- would prefer Let me

MS. CLAIBORN:

I 22 if I

try again. try again, please.

Let me 23 The address for Golden Spring on the Q

24 bankruptcy petition is listed as 162 East 64th 25 Street in New York.

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 47 of

March 21, 2022 Ho Wan Kwok -

1 Is it 54 or 64?

5-4 or 6-

INTERPRETER:

THE

2 4? 3 64. MS. CLAIBORN:

4 So maybe because of the

INTERPRETER:

THE 5 mistook the 6 as 5 so let me correct my phone I

6 mistake and reinterpret again. 7 that's the address of Golden Spring.

Yes, A

8 Does Golden Spring own that building that's

Q

9 located at that address? 10 don't know.

I A

11 Have you ever been to that address?

Q

12 Yes.

A

13 What type of building is it?

What's located Q

14 there?

15 It was a

building.

A 16 residential building or a Is the building a Q

17 commercial building? 18 Business building.

A 19 didn't hear

I'm sorry, Bin. MS. CLAIBORN:

I

20 your translation.

21 A commercial building or

INTERPRETER:

THE

22 business building. 23 Does anyone live at that address?

Q

24 don't know.

I A

25 What type of business does Golden Spring do?

Q

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 48 of

March 21, 2022 Ho Wan Kwok - 1 It's a big family business my son works, but A

2 don't know specifically what categories of

I

3 business it has.

4 when you used the term --

Mr.

Kwok, Q 5 It is a

family office owned by my son.

He A

6 don't know.

has other businesses, but I 7 when you use the term family

Mr.

Kwok, Q

8 business or family office, what do you mean by those 9 terms?

10 It's mainly for the whole family, all the A 11 When there is something we

family members. 12 and help each other.

(indiscernible)

13 can you explain it in more detail? Mr.

Kwok, Q

14 don't know how to explain.

I A

15 Does Golden Spring have any employees?

Q

16 Yes.

A

17 How many?

Q

18 don't know.

I A

19 Does Golden Spring own any real estate?

Q

20 don't know.

I A

21 Does Golden Spring own any other business?

Q

22 don't know.

I A

23 Does Golden Spring have any bank accounts?

Q

24 don't know.

I A 25 you have previously said in

Mr.

Kwok, Q

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 49 of

March 21, 2022 Ho Wan Kwok -

1 documents filed with the bankruptcy court that 2 Golden Spring pays for you personal living expenses. 3 Can you please explain how they do that? 4 don't know what you mean by they pay me.

I A

5 In what regard?

6 you have previously told the court

Mr.

Kwok, Q

7 in your bankruptcy documents that Golden Spring pays 8 for your clothing, your food and your housing. 9 My question is how do they do that?

they Do

10 they pay other people directly? give you money?

Do

11 How does it work?

12 need any expenses for my basic Whenever I A

13 talk to my son and he will tell his office

living I

14 to give to me. 15 are the owners of Golden Spring?

Who Q

16 This is David Harbach. HARBACH:

I

MR.

17 talk to my son

missed the end of that question.

I 18 and he --

that answer.

talk to my son and heard I I

19 lost it.

please have the he and then I Can I

20 English again?

21 didn't hear the Sorry,

INTERPRETER:

I THE

22 gentleman?

23 Harbach is asking Bin if

Mr. MS. CLAIBORN: 24 you could repeat the translation of Mr.

Kwok's

25 answer about how the money flows from Golden Spring.

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 50 of

March 21, 2022 Ho Wan Kwok - 1 I'll repeat the

INTERPRETER:

THE

2 interpretation.

3 need expenses for my basic living I When I

4 tell my son.

My son will tell the office to take 5 who are the owners of Golden

Mr.

Kwok, Q

6 Spring? 7 My son.

A

8 Are there any owners of Golden Spring other

Q

9 than your son? 10 No.

A 11 have you ever owned an interest in

Mr.

Kwok, Q

12 Golden Spring? 13 No.

A

14 are the officers and directors of Golden

Who Q

15 Spring? 16 This is Bill Baldiga. BALDIGA: MR. 17 This is something for which there are very 18 serious physical security concerns and it's not that 19 if he knows.

the debtor would refuse to answer, But

20 line like this where it's open to the

not on a 21 There are --

public and who else knows. hold on.

22 just confer with the witness because Can I

23 we'd like to give you as much as possible, but we 24 don't want to cause severe security issues.

25 just have one minute to confer So could I

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 51 of

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ho Wan Kwok - March 21, 2022 with the witness? MS. CLAIBORN: Yes. (Pause.) MR. BALDIGA: This is Bill Baldiga, again. The witness believes that he may know who the directors and officers are and is prepared to testify as to the best of his knowledge in that regard. And if we could take it one question at a time we'll go from there. 50 If you could interpret that, because I want to be sure that the witness understands what I just said as well, please. (Int e rp re tat ion) BY MS. CLAIBORN: Q Mr. Kwok, as of today, who are the officers of Golden Spring? A (Indiscernible) Q I'm going to repeat that name so everyone understands what I thought I heard. What I heard was Yan Ping, also known as Yvonne Wang. accurate? Yes. Is that A Q Is Yvonne Wang the only officer of Golden Spring? A I don't know. 83

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 52 of

March 21, 2022 Ho Wan Kwok -

1 As of today, who are the directors of Golden

Q

2 Spring? 3 don't know.

I A 4 have you ever been an officer or a

Mr.

Kwok, Q

5 direct or Golden Spring? 6 don't remember.

I A

7 who is Max Krazner? Mr.

Kwok, Q

8 don't know. don't know.

I I A 9 Could you please repeat

INTERPRETER:

THE

10 the name again? 11 who is Max Krazner? Mr.

Kwok, Q 12 (No response)

13 can you please answer? Mr.

Kwok, 14 I'm conferring with the

BALDIGA: MR. 15 witness for one second. Hold on please?

16 would rather Baldiga,

Mr. MS. CLAIBORN:

I

17 he would answer the question before you make a 18 confer.

19 (Pause.) 20 Thank you for that

BALDIGA: MR. 21 opportunity. The witness could answer. 22 He has to double check with you because I

A

23 cannot read and cannot remember English names well.

24 If it's the name So just the name,

you said Max.

25 But if you add another name to Max only I

know Max.

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 53 of

March 21, 2022 Ho Wan Kwok - 52

1 it, I'm not sure. don't know.

I

2 Q you know a Max with respect to Golden

Do

3 Spring? 4 A Yes. know.

I

5 Q And what is Max's role with Golden Spring? 6 A don't know.

I

7 Q Well, how do you know Max? 8 A don't remember.

I

9 Q you know more than one person by the name

Do

10 of Max? 11 A For me English name is very complicated. 12 Like I can't remember the last name of my lawyer. If

13 you add something else to Max,

don't know.

I 14 Q the name Max Krazner is listed as

Mr.

Kwok,

15 the person to whom the mail for Golden Spring is 16 directed to. you know why that is?

Do

17 Sorry? INTERPRETER:

THE

18 Q you know why that is?

Do

19 A only remember there is a Max at Golden

I

20 Spring. only know this one thing.

I

21 Q And what is Max's job at Golden Spring? 22 A I'm not sure what role.

(indiscernible) I

23 know he is in charge of finance, but I'm not sure. 24 Q What does he do for Golden Spring with 25 respect to finances? Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 54 of

March 21, 2022 Ho Wan Kwok -

1 was not involved in the management so I

I A

2 don't know.

3 does it If Golden Spring gives you money, Q

4 come through Max Krazner's efforts?

Does he help

5 make that happen?

6 He didn't give me money in

don't know.

I A

7 person.

8 when you get money from Golden

Mr.

Kwok, Q 9 Does it come in the

Spring how do you get money? 10 form of cash or something else?

11 (indiscernible) From my son and A 12 didn't

I'm sorry, Bin. MS. CLAIBORN:

I 13 Can you try that

understand your translation. 14 again?

15 He said from my son and

INTERPRETER:

THE

16 (indiscernible). 17 My question was how do you get money from

Q

18 Does it come in the form of cash or some your son? 19 other form? 20 don't understand what you mean by how,

the I A

21 never get money directly from them. word how.

I

22 If you don't get money directly from your

Q

23 son, how do you get the money from your son?

Where

24 does it go?

25 don't use credit don't use cash and I I A

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 55 of

Ho Wan Kwok - March 21, 2022
1 Wan they just

cards.

(indiscernible) My son and
2 It's impossible for me

pay my expenses for me.

to 3 don't have bank get any cash from them. And also I

4 account. Any bank accounts.

5 credit do you have access to a

Mr.

Kwok, Q

6 card that was taken out by Golden Spring?

7 This is Bill Baldiga. I'm

BALDIGA: MR.

8 translation issue with

sorry.

think there was a I

9 the prior question.

Could you give us a minute to

10 be sure that the witness understood the question 11 correctly? Hold on for one second.

We're going to

12 put it on mute.

13 (Pause.) 14 The witness would like to

MR. BALDIGA:

15 think it came through, but we're not clarify. I

16 that Golden Spring does not give him cash, but

sure,

17 simply pays certain bills for his living expenses. 18 If that's what came through the translation, great. 19 If not, we clarify accordingly.

20 credit do you have access to a

Mr.

Kwok, Q

21 debit card provided to you by or through

card or a

22 Golden Spring? 23 No.

A 24 are you obligated to pay Golden

Mr.

Kwok, Q

25 Spring back for the monies that it pays on your

Fiore Reporting and Transcription Service, Inc. Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 56 of

March 21, 2022 Ho Wan Kwok -

1 behalf for your living expenses? 2 No need. No.

A 3 At this time I'd like to open

MS. CLAIBORN: 4 the meeting to creditors, given that we have a 5 limited amount of time for today.

am not done with I

6 all my questions. 7 We will need to reconvene on another day, 8 but for purposes of today's examination I'm now 9 going to open it up to creditors who may wish to 10 examine. 11 would ask that you identify yourself when

I

12 you speak and to be mindful of the need for 13 interpretation.

14 Just to clarify one thing for

MR. BALDIGA:

15 You asked previously -- you referred to

the record. 16 the petition and asked whether anyone lived at 162 17 East 64th Street. 18 And as we told you informally when we filed 19 the petition there was great concern over the 20 debtor's physical security and so he used that

21 address, but has since, obviously, corrected the

22 record that he lives in the Greenwich house that you 23 asked about earlier today.

24 just didn't want the record to be And so I

25 confusing in that regard. Thank you. Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 57 of

March 21, 2022 Ho Wan Kwok - 1 Are there any creditors who

CLAIBORN: MS. 2 wish to inquire or examine of the debtor?

3 This is David Harbach

Yes. HARBACH: MR. 4 for PACS.

do have some questions. We do have We 5 can start asking the questions

some questions.

We

6 now or if there are others who would like to ask 7 questions that's fine. However you want to proceed. 8 obviously will not finish before 2 o'clock

But we

9 either. 10 cannot hear you clearly. INTERPRETER:

I THE 11 This is David Harbach for PACS

MR. HARBACH: 12 was just saying that we do have some questions

and I

13 are happy to proceed and ask them or if the

and we

14 trustee would like. we can proceed with others 15 asking questions but we will certainly not finish 16 before 2 o'clock either.

17 Could that be translated

BALDIGA: MR. 18 please?

19 was saying I could not

INTERPRETER:

I THE

20 get him completely.

21 do you have the Harbach,

MS. CLAIBORN: Mr. 22 ability to pick up a hand held and speak into a hand

23 held device, as opposed to a

speaker phone?

24 but let me Not at this moment,

MR. HARBACH: 25 move to see if this is any better.

Can you hear me

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 58 of

March 21, 2022 Ho Wan Kwok -

1 little better now?

a

2 Not really. sorry.

No, THE

INTERPRETER:

3 I'll tell

Not really.

Well,

HARBACH: MR.

4 If you give me take a moment,

you what.

can I 5 try dialing in with a Just give me

phone.

second, a

6 okay? 7 Yes. MS. CLAIBORN:

8 Bin, could you translate the

MR. BALDIGA: 9 please, so he knows that. dialogue for Mr.

Kwok, 10 (Interpreter translates)

11 Hello? MR. HARBACH:

12 This is Holley

Hello. MS. CLAIBORN: 13 Claiborn.

14 This is David Harbach and I

MR. HARBACH: 15 just wanted to know if you could hear me better. 16 Much better.

Bin, can you

MS. CLAIBORN: 17 hear Mr. Harbach? 18 can hear him now.

Yes,

INTERPRETER:

I THE

19 Thank you. 20 ahead, Mr. Harbach. MS. CLAIBORN:

Go 21 I'll repeat what said once

HARBACH:

I

MR. 22 more so that the interpreter can interpret it.

23 was just saying that I'm David Harbach and I

24 PACS does have some questions we would like to ask, 25 but we certainly will not finish by 2 o'clock and so

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 59 of

March 21, 2022 Ho Wan Kwok -

1 if Ms. Claiborn would like to proceed with giving 2 other creditors an opportunity to ask questions 3 it's entirely up to her or we can start now.

today, 4 And this is Bill Baldiga. We

BALDIGA: MR. 5 extended our own translator until 2 o'clock so we 6 certainly encourage whoever wants to ask questions 7 to use the time. 8 This is Jay Wolman.

I'm happy

MR. WOLMAN: 9 to ask some questions now.

10 didn't get your Sorry,

INTERPRETER:

I THE

11 name.

12 represent Jay Wolman, and I

MR. WOLMAN: 13 Logan Chang. 14 EXAMINATION BY MR. WOLMAN: 15 Good afternoon, Mr. Kwok.

Q 16 you remember that I took your deposition Do 17 about a

year ago?

18 have too many -- I A 19 Someone's always talking

INTERPRETER:

THE

20 in the background.

21 don't

have too many depositions.

I I A

22 remember specifically.

23 That's all right. I number of asked you a Q

24 questions and you invoked your rights under the 25 Fifth Amendment of the U.S. Constitution.

you Do

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 60 of 83

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ho Wan Kwok - March 21, 2022 59 understand that? THE INTERPRETER: You and your wife what? Sorry. Q You invoked your right under the Fifth Amendment of the U.S. Constitution. that? Do you remember MR. BALDIGA: We have a translation issue. Hold on for one second, please. (Pause.) MR. BALDIGA: I think -- our interpreter is hearing this translation. The question as we understand is do you remember having invoked the Fifth Amendment privilege at a prior deposition. That's what we are hearing. Could that be interpreter for Mr. Kwok in that way please? THE INTERPRETER: Sorry, I can I hear the question again. MR. WOLMAN: Sure. Q Do you remember at a prior deposition invoking the Fifth Amendment of the U.S. Constitution? THE INTERPRETER: Sorry, I did not hear you clearly. Q Do you remember at a prior deposition invoking the Fifth Amendment of the U.S.

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 61 of 83

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ho Wan Kwok - March 21, 2022 60 Constitution? THE INTERPRETER: At a prior what? Sorry. MR. WOLMAN: Deposition. D-E-P-O-S-I-T-I-O-N. THE INTERPRETER: Deposition. Sorry, just one sec. (Pause.) THE INTERPRETER: Okay. In the prior deposition what? Q Do you remember invoking your Fifth Amendment rights? THE INTERPRETER: Invoking what? MR. WOLMAN: Can everybody else hear me or is it just the interpreter? MS. CLAIBORN: This is Holley. I can hear you. MR. HARBACH: This is David Harbach. We can hear you fine. MR. BALDIGA: The debtor can hear you. not a volume issue. It's MR. WOLMAN: Is it a diction issue? I can try to THE INTERPRETER: The interpreter just didn't get the word. (Indiscernible) rewording. MR. WOLMAN: I cannot reword that. I need

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 62 of

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Ho Wan Kwok - March 21, 2022 61 you to hear the words in English and translate them, ma'am. THE INTERPRETER: Okay. Could you please speak slowly? Q Do you remember at a prior deposition invoking your rights under the Fifth, number five that is -- Fifth Amendment, ordinal number -- of the U.S. Constitution? Holley. THE INTERPRETER: Invoke or evoke? MR. WOLMAN: Invoke, I-N-V-O-K-E. Okay, we still have an issue. UNIDENTIFIED: Hold on. UNIDENTIFIED: Did someone just drop out? MS. CLAIBORN: Bin, are you there? This is MR. WOLMAN: Bin? MS. CLAIBORN: Bin, are you there? THE INTERPRETER: Hello. MS. CLAIBORN: Bin, this is Holley Claiborn. THE INTERPRETER: Okay. I'm back. MS. CLAIBORN: Okay. THE INTERPRETER: happened. I don't know what MS. CLAIBORN: Go ahead. 83

24 25 MR. BALDIGA: Is the interpreter -- we're

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 63 of

1 2 Ho Wan Kwok - March 21, 2022 not sure what's going on. us or not? Is the interpreter with 62 83

3 4 THE INTERPRETER: Yes, the interpreter is here now.

MR. BALDIGA: Okay. Thank you.

6 7 8 9 10 11 My client just said something and I don't know what he said and I don't know whether you were on for what he said. If you were, I'd like to know I'd like you to interpret it. If not, could you let us confer for a second so we could try to figure that out, because there was a lot of confusion.

12 13 MR. WOLMAN: Bill, can you just ask your client to repeat what he just said?

MR. BALDIGA: No

15 16 17 18 THE INTERPRETER: The interpreter would like him to repeat what he said because just now all of a sudden I'm not (indiscernible) sometimes. all the voices

19 20 I'm asking the gentleman to repeat what he said just now.

21 22 23 24 MR. KWOK: Just now in your question you mentioned that -- you asked me whether my wife used something under the law or under the Constitution. I don't remember that.

MR. WOLMAN: I said nothing about his wife.

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 64 of

Ho Wan Kwok - March 21, 2022

MR. KWOK: So did you say just now my wife

MR. WOLMAN: No, that was nothing of the

MR. BALDIGA: Could I suggest, Mr. Wolman,

MR. WOLMAN: Well, I'm going to re-ask him

every question relative to finances where he invoked

the Fifth and I wanted to make sure he had that in

maybe you could just go right to whatever you want

to ask him instead of what happened a year ago

because this is not getting anywhere.

his mind as he answers here today. use any kind of law or what? sort.

Is there a

question? BALDIGA: MR.

want to make sure you're I

MR. WOLMAN:

At this point, have no idea, but I I am

representing to you that is exactly what I'm doing. 15 16 17 18 19 20 21 22 23 24 25 aware of what I'm about to do. At this point, I have no idea, but I am representing to you that is exactly what I'm doing. So I want to make sure your client is appropriately advised. BY MR. WOLMAN: Q So a year ago -- this is a lengthy one, Bin, so please just write it down, or do what you need to do. Let me finish and then translate. that piecemeal. THE INTERPRETER: Okay. Do not do

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 65 of

March 21, 2022 Ho Wan Kwok - 1 --

MR. BALDIGA:

I 2 want the translation

Hold on. MR.

I

WOLMAN: 3 of that and we'll take this in small pieces.

So

4 Bin, please translate that for the witness because 5 he has to hear everything.

6 (Translation.)

7 Yes. INTERPRETER:

THE

8 Thank you. MR. WOLMAN: 9 BY MR. WOLMAN: 10 asked you are you employed.

A year ago I Q 11 have always been -- You answered I

12 asked you what? Sorry. INTERPRETER:

I THE

13 Are you employed?

Q

14 lot of background noise.

There's a Can we

15 knock that off, please.

16 A year ago I

asked you are you employed? 17 You employed?

THE

INTERPRETER:

18 A year ago I

asked you are you employed?

Q 19 consultant for have always been a Your answer was I

21 Sorry.

A year ago I asked

INTERPRETER:

THE

22 The answer is what? you are you employed?

23 lot have always been the consultant for a I Q 24 of companies -- 25 I'm sorry --

INTERPRETER:

THE

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 66 of

March 21, 2022 Ho Wan Kwok - 1 And my current employment is the -- am in I Q

2 the broadcasting and to take down the Chinese

3 It is a broadcasting revolution. I

Communist Party. 4 then asked you how much do you get paid for that. 5 I'm re-asking that question now.

How much

6 do you get paid for that?

7 have to do it from

INTERPRETER:

So I THE 8 didn't get the words when the beginning because I 9 asked you whether -- are you year ago I you say a 10 Your answer is I didn't get the word

employed? 11 after is.

12 always been the consultant Your answer was I Q

13 lot of companies and my current employment is

for a 14 am in the broadcasting the

he paused.

I

15 Is what? Sorry? INTERPRETER:

THE 16 -- and to take down -- Q

17 Sorry.

THE

INTERPRETER: 18 am in the broadcasting and to take down

I Q 19 It is a broadcasting

the Chinese Communist Party. 20 revolution.

then asked you how much do you get I 21 I'm not able to

Excuse me. INTERPRETER:

THE

23 I'm not done. Excuse me. MR.

Why

WOLMAN: 24 not?

25 tried to clarify --

INTERPRETER:

I THE

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 67 of

March 21, 2022 Ho Wan Kwok -

1 Why not? MR. WOLMAN:

2 -- didn't the words that I THE

INTERPRETER: 3 know it's simple but it's too long. get.

Yes, I I 4 (indiscernible) long time to do the such a

5 interpretation. I'm highly concentrating.

have a I

6 human brain.

7 I'm used to translators writing

MR. WOLMAN: 8 things down as they go. 9 Sorry about that. INTERPRETER:

THE 10 Let me interpret what I will got and then I

11 ask you the rest. Is that okay? 12 Yes. MR. WOLMAN: 13 Okay.

THE

INTERPRETER:

14 (Translation) 15 --

Okay.

THE

INTERPRETER:

I

16 then asked you how much do you get paid

I Q 17 for that and I am asking you now again, because you

18 invoked the Fifth, how much do you get paid for 19 that?

20 (Pause.) 21 The witness is

Okay. BALDIGA: MR.

22 struggling to -- is the question are you well,

23 And you can answer that. getting paid for that?

24 am literally asking him

No. MR.

I

WOLMAN: 25 how much do you get paid for that. He

took the

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 68 of

March 21, 2022 Ho Wan Kwok -

1 Fifth. I'm asking it now again. 2 How much do you get paid for that?

Q

3 No money at all.

A 4 asked you what is Golden Spring A year ago I Q 5 You answered it's a then asked

New York. company.

I 6 you and what is your then asked you and what is I

7 your relationship to that company and so I'm asking

8 What is your relationship to

that question again. 9 that company? 10 don't know what you mean by relationship.

I A 11 If you didn't know what I meant by that Q

12 question, why did you invoke the Fifth last year? 13 Objection.

I'm not going to

MR. BALDIGA: 14 allow the witness to describe the legal advice a 15 year ago as to the Fifth Amendment. 16 is prepared to answer whatever questions

He 17 bit by

you may have. You are confusing the witness a 18 in each question having three things, some reference

19 to the Fifth Amendment, some conversation from a

20 question as to now.

year ago and a 21 But if you were to ask a more simple 22 think this would go much more question, I

23 productively. That's your choice.

24 Your client is an

No. MR. WOLMAN:

25 intelligent person who is a big businessman, who is

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 69 of

March 21, 2022 Ho Wan Kwok - 1 trust he can handle these

sophisticated person.

a I

2 simple questions. 3 Proceed as you'd like. MR. BALDIGA:

4 (Translation interrupted) 5 Last year I asked you Q

6 Wait. Hold on. Mr.

Wolman,

MR. BALDIGA:

7 there's a

translation that needs to be done.

Please

8 The witness needs to understand what's hold on. 9 being said.

10 (Translation)

11 ahead. Okay. INTERPRETER:

THE Go

12 What is your relationship to Golden Spring?

Q

13 don't understand what you mean by your

I A

14 don't know how to answer your question. question?

I 15 you know what the word relationship Do Q

16 means? 17 Relationship means love of things in China.

A

18 It could be between husband and wife.

It could be 19 government relationship, a financial between a

20 relationship, money and it could be a lot of things.

21 Is it a

don't know which one you mean?

So I

22 man/woman relationship or a money relationship or 23 what?

24 What is it? What is your

Any relationship?

Q 25 (indiscernible)

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 70 of

March 21, 2022 Ho Wan Kwok - 1 What was your last

Sorry? INTERPRETER:

THE

2 sentence again, because there was talking. 3 Any relationship, what is yours to Golden

Q

4 Spring?

5 Let me do the

INTERPRETER:

THE

6 interpretation first.

7 is he Now the relationship is between A

8 owe money to him. He helps me. lends me money.

I

9 And why does he do this?

Q 10 was once a member of the Guo Because I (ph) A

11 family. 12 This is David Harbach.

Could

HARBACH: MR. 13 you please repeat that English answer?

14 Because I was once a

INTERPRETER:

THE

15 member of Guo family. 16 Does Golden Spring pay the expenses of any

Q

17 other member of the Guo family? 18 Yes.

A

19 Which other members of the Guo family?

Q

20 don't know.

I A 21 A year ago I asked you why does Golden Q 22 for

Spring pay Mr.

Podhaskie, P-O-D-H-A-S-K-I-E,

23 services rendered to you in your individual 24 capacity. I'm asking that again now.

Why does 25 Podhaskie for services

Golden Spring pay Mr.

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 71 of

March 21, 2022 Ho Wan Kwok - 70

rendered to you in your individual capacity?

This is Bill Baldiga. I

MR. BALDIGA: understand that Mr.

Podhaskie may be a

lawyer.

I

just need to confer with the client to make sure he

I'll

doesn't disclose the substance of legal advice. take one second to do that.

The question didn't indicate

MR. WOLMAN: any answer of that sort.

(Pause.) I'm sorry. The witness could

BALDIGA: MR. answer the question. don't know.

I

MR. KWOK: Have you ever asked anyone why they pay for

Q

him to advise you? don't remember.

I A

asked you last year why did Golden Spring

I Q

New York pay that judgment on your behalf, and I

was

referring to the one my client, Mr.

held Cheng,

against you. I'm asking you again why did Golden Spring

20 21 22 23 24 25 New York pay that judgment on your behalf? A Q A them. It was money lended. Why did Golden Spring loan you that money? I don't have any thing so I borrowed from

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 72 of

March 21, 2022
Ho Wan Kwok -

1 Q Where did Golden Spring get the money from? 2 A don't know.

I

3 Q Where does Golden Spring get any money from? 4 A don't know.

I

5 Q correct?

Your son owns Golden Spring,

6 A Yes. 7 Q Does your son owe you any money? 8 A No. 9 Q How did your son get the money that funds 10 Golden Spring? 11 A don't know.

I

12 Q Did you ever provide your son with any seed 13 capital? 14 A No. 15 Q Have you ever invested in any of your son's 16 businesses? 17 A No. 18 Q When did Connecticut become your residence? 19 A End of February or early March of 2020. 20 Q And you're sure about that here? Okay. 21 A Yes. 22 Q And was that your primary residence since

23 February, 2020 or March,

2020? 24 A Yes.

25 Q asked you if you owned any A year ago I

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 73 of

March 21, 2022 Ho Wan Kwok -

1 interest in Golden Spring New York.

am asking you I

2 that again.

you own any interest in Golden Do

3 Spring New York? 4 No.

A 5 asked you are you an officer of A year ago I Q

6 Golden Spring New York Limited.

I'm asking you

7 Are you an officer of Golden Spring New York again. 8 Limited? 9 No.

A 10 A year ago I asked you why would Golden Q

11 Spring pay Attorney Aaron, meaning Aaron Mitchell, 12 on your behalf. 13 I'm asking you again, why would Golden 14 Spring pay Attorney Aaron Mitchell on your behalf?

15 to repeat the He wants me

INTERPRETER:

THE

16 I'll do that for him. interpretation. 17 A loan. A loan or borrowed money.

A

18 Why did they make you that loan?

Q

19 have been borrowing from them all the time

I A

20 was a member of the family.

because I

21 Did you ever have any of your loans from

Q

22 Golden Spring put in writing?

23 Some have,

some no.

A

24 Which ones have been put in writing? Okay.

Q

25 don't remember.

I A

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 74 of

March 21, 2022 Ho Wan Kwok -

1 How many loans have you had from Golden

Q

2 Spring? 3 don't remember.

I A

4 Were any of the loans that were put in

Q

5 writing in English? 6 don't remember.

I A

7 Were any of them in Chinese?

Q

8 don't remember.

I A

9 Did you ever pledge any security interest in

Q

10 exchange for any of these loans?

11 don't remember (Indiscernible) but I A

12 (indiscernible).

13 Could you please repeat the

BALDIGA: MR. 14 answer in English?

15 He said (indiscernible)

INTERPRETER:

THE

16 don't remember.

yes, but I 17 if you If you don't remember how much -- Q

18 don't remember how many loans you took out, how are 19 you able to identify how much they --

you owe them

20 on your bankruptcy schedules? 21 didn't quite get you.

I A

22 If you don't know how many times you took

Q

23 out loans from Golden Spring, not all of which were 24 in writing, how do you know how much you owe them? 25 My lawyer and the lawyer of Golden Spring

A

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 75 of

March 21, 2022
Ho Wan Kwok -

1 they communicate with each other.

Tells me the

2 amount they can define is 21 million. 3 So Golden Spring's lawyers helped prepare

Q

4 your bankruptcy petition? Is that correct? 5 I'm sorry to interrupt. MR. BALDIGA: 6 two things.

( Indiscernible)

7 No.

A

8 So how did the information get from Golden

Q

9 Spring to your bankruptcy petition? 10 Objection to the question. BALDIGA: MR. 11 Sorry? INTERPRETER:

THE

12 object to the question. BALDIGA:

I

MR.

13 I'm just trying to figure out

MR. WOLMAN: 14 how this information he doesn't know wound up in his 15 bankruptcy petition?

16 think you heard the answer

BALDIGA:

I

MR. 17 that his lawyer and Golden Spring's lawyer discussed 18 it. you have another question?

Do 19 How did you know that number was

Yes.

Q

20 right?

21 Let the interpreter go

Okay. BALDIGA: MR. 22 first and then ask another question, please. 23 ahead. Okay. INTERPRETER:

Go THE

24 How did you know that number was right?

Q

25 Number of what? Sorry? INTERPRETER:

THE

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 76 of

March 21, 2022
Ho Wan Kwok -

1 The number that was put into your bankruptcy

Q

2 petition for what you purportedly owe to Golden 3 Spring, how did you know that was right? 4 believe the professionalism of my lawyers.

I A

5 They will review and check all the figures.

6 This is Holley --

MS. CLAIBORN:

7 you know the documents that were Do Q

8 reviewed? 9 apologize for interrupting. MS. CLAIBORN:

I

10 It's now 2 o'clock. BALDIGA: MR. 11 apologize for interrupting. MS. CLAIBORN:

I

12 It's Holley Claiborn.

13 thank you for Yes,

MR. WOLMAN: 14 Appreciate it. filibustering to use up the time.

15 I'm sorry. Who was that

BALDIGA: MR.

16 That's quite an inappropriate

addressed to? 17 comment.

18 addressing That was me

You. MR. WOLMAN: 19 that to you.

20 I'd like to talk about --

MS. CLAIBORN:

21 Okay

BALDIGA: MR.

22 --

the next date.

was

MS. CLAIBORN:

I

23 going to suggest that we reconvene April 4th at 24 in person at the U.S.

Trustee's Office in

10:00 a.m. 25 New Haven. Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 77 of

t
March 21, 2022
Ho Wan Kwok -

1 We'll look at schedules.

can

Mr. BALDIGA:

I 2 start to do that if you give me

second.

a 3 could you please Bin,

MS. CLAIBORN: 4 translate that?

5 will double check with

INTERPRETER:

I THE

6 you whether you still need me on the line for a 7 to log off?

second or you want me 8 If you can continue on just

MS. CLAIBORN:

9 for a need to pick a new date,

second.

so I need We

10 you to translate that so the debtor understands. 11 Okay. INTERPRETER:

THE

12 I'm sorry.

Was the request

BALDIGA: MR.

13 Was the request -- I'm just trying to

I'm sorry.

14 heard it -- April 4 at 10 o'clock in make sure I

15 Bridgeport?

16 10 o'clock in New April 4,

MS. CLAIBORN: 17 Haven at the U.S. Trustee's Office.

18 We'll be back to you

Okay. BALDIGA: MR. 19 very quick on that.

20 actually need an answer on

MS. CLAIBORN:

I

21 that right now because we need to be able to notify

22 creditors and I want everyone to know before we

23 conclude today. 24 I'll put you on hold. Okay. MR. BALDIGA:

25 this is David Claiborn,

Ms. HARBACH: MR.

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 78 of

March 21, 2022
Ho Wan Kwok -

1 I'm afraid that that day will not work for Harbach. 2 us? 3 is that you?

Harbach,

Mr. MS. CLAIBORN:

4 was just Yes,

ma'am.

And I

HARBACH: MR.

5 about to say that I the 6th, or can do Wednesday,

6 any day after that.

cannot do the 4th or the But I

7 5th. 8 How about Friday, April 8th? MS. CLAIBORN: 9 This is David. can do that. MR. HARBACH:

I

10 can do that.

I

11 This is Jay Wolman.

can do

MR.

I

WOLMAN: 12 that.

13 Attorney Baldiga, can you

MS. CLAIBORN: 14 check on April 8th, please?

15 (Pause.) 16 this is Dave Harbach Holley,

HARBACH: MR. 17 Just anticipating that they're coming back again.

18 could also do it (indiscernible)

(indiscernible).

I

19 for whatever it's worth.

could also do it on the I

20 if that's better.

29 or 30 of March as well, 28th,

21 This is Bill Baldiga.

The 7th

BALDIGA: MR. 22 and 8th are Buddhist holidays so for religious 23 Kwok can't do it those days.

We'll

reasons Mr. 24 clear the 4th.

I'm sure there are some

25 (indiscernible). I'm wondering who could make it.

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 79 of

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ho Wan Kwok - March 21, 2022 MS. CLAIBORN: How about March 28th, next Monday? MR. HARBACH: Holley, I didn't get the second part of what you said about the 28th. 78 MS. CLAIBORN: I only offered the 28th as a new date. MR. BALDIGA: This is Bill Baldiga. 28, 29 and 30 Mr. Kwok has a medical issue that he (indiscernible) during those days. MS. CLAIBORN: How about Friday, April 15th? MR. HARBACH: This is David Harbach. That's good by us. MR. BALDIGA: It's Good Friday. Good Friday for me and Passover for many. Can I suggest (indiscernible)? MS. CLAIBORN: I didn't hear your suggestion. I'm sorry. MR. BALDIGA: I respectfully ask that we go back to April 4. One lawyer among a dozen and one creditor should not MR. WOLMAN: This is Jay Wolman. I already have something for that day as well. MR. BALDIGA: (indiscernible) I know, but there are MR. WOLMAN: Two lawyers, including myself, 83

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 80 of

March 21, 2022 Ho Wan Kwok -

1 who is in the middle of questioning.

2 All right. We'll keep looking

MR. BALDIGA: 3 then. 4 Does April 6th work? MS. CLAIBORN: 5 What was that date? MR. WOLMAN: 6 April 6th? MS. CLAIBORN: 7 This is David Harbach.

can

MR. HARBACH:

I

8 do April 6th. 9 The debtor can as well. BALDIGA: MR. 10 As can I. UNIDENTIFIED:

11 I'm going to mark April

Okay. MS. CLAIBORN: 12 It's in person.

Trustee's

6th 10:00 a.m. The U.S. 13 Office in New Haven.

14 Please allow for time to go through

15 security. I'd like to start at 10:00.

16 ask how much time Could I

MR. BALDIGA:

17 would you reserve on that day, including with the

18 interpreter, just so we can plan?

19 think you should plan for

MS. CLAIBORN:

I 20 will have to follow up and get the whole day but I

21 an understanding about an interpreter and I

don't

22 have that at my fingertips right now.

23 Would that be 5

Okay. MR. BALDIGA: 24 o'clock?

25 guess we can go off the record as we I

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 81 of

March 21, 2022 Ho Wan Kwok - 1 It's up to you,

finish this. obviously.

2 think we're

Okay. MS. CLAIBORN:

I

3 concluded for purposes of Bin's translation services 4 for today. 5 Thank you. INTERPRETER:

THE 6 Thank you very much,

Bin. MS. CLAIBORN: 7 nice day.

Have a THE

INTERPRETER: 8 Thank you. MS. CLAIBORN: 9 I'm going to stop the recording, but we can 10 stay on the line. I'm going to stop the recording. 11 Thank you.

12 (Meeting adjourned.)

Case 22-50073 Doc 250-17 Filed 04/22/22 Entered 04/22/22 16:59:37 Page 82 of

I, CHRISTINE FIORE, court-approved transcriber and certified electronic reporter and transcriber, certify that the foregoing is a correct transcript from the official electronic sound recording of the proceedings in the above-entitled matter.

Christine Fiore, CERT
Transcriber
April 5, 2022
Ho Wan Kwok - March 21, 2022 81
March 21, 2022 Ho Wan Kwok - 82
1 INDEX
3 HO WAN KWOK Page 4 Claiborn Examination by Ms. 14 5 Examination by Mr. Wolman 58

订阅 · SUBSCRIBE

这份档案每有新增法庭文件,都会在每周简报里送到你邮箱。

不追踪打开与点击,一键退订。 或用 RSS · 详情

档案内相关