郭文贵破产案 · EXHIBIT · ECF #392-3

## **EXHIBIT 45**

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA - - - - - - - - - - - - - - - - x WENGUI GUO, : Plaintiff, : vs. : Case No. 1:18-CV-01064-TSE-IDD BAOSHENG GUO, : Defendant. : - - - - - - - - - - - - - - - - x January 23, 2019 Washington, D.C. VIDEO DEPOSITION OF: WENGUI GUO Was called for examination by counsel for the Defendant, pursuant to notice, in the offices of, Zechner, Ellman & Krause, 409 7th Street, N.W., Suite 300, Washington, D.C., commencing at 10:08 a.m., before Carolyn Friend, a Notary Public in and for the District of Columbia, when were present on behalf of the respective parties:

> 703-780-9559 Misty Klapper & Associates

703-780-9559 Misty Klapper & Associates Page 2 APPEARANCES: J. DAVID MORRISSY, ESQUIRE Zeichner, Ellman & Krause, LLP 409 7th Street, N.W., Suite 300 Washington, D.C. 20004 (202) 783-0316 dmorrissy@zeklaw.com COUNSEL FOR THE PLAINTIFF JOHN C. ALTMILLER, ESQUIRE Pesner Kawamoto, PLC 7926 Jones Branch Road, Suite 930 McLean, Virginia 22102 (703) 506-9440 jaltmiller@pesnerkawamoto.com COUNSEL FOR THE DEFENDANT ALEXANDER LAUFER, ESQUIRE Eisenhower & Laufer, P.C. 10560 Main Street, Suite 218 Fairfax, Virginia 22030 (703) 352-9690 alex.laufer.elpc@gmail.com COUNSEL FOR THE DEFENDANT ALSO PRESENT: Helen Cole, Interpreter; David Voigtsberger, Video Operator; Una Wilkinson, Check Interpreter; Daniel Podhaskie C O N T E N T S WITNESS: EXAMINATION BY: PAGE: Wengui Guo Mr. Altmiller 4 703-780-9559 Misty Klapper & Associates Page 3 E X H I B I T S NO.: DESCRIPTION: PAGE: 1 Web page 75 2 Copy of photographs 80 3 Certification of translation 83 4 New York Times article 105 5 Answers to Interrogatories 107 6 Request for Production of Documents 111 703-780-9559 Misty Klapper & Associates Page 4 P R O C E E D I N G S (Whereupon, a statement was read by Video Operator.) MR. ALTMILLER: John Altmiller. I represent the Defendant, Baosheng Guo. MR. MORRISSY: David Morrissy from Zeichner, Ellman & Krause. We represent the Plaintiff, Deponent. (Whereupon, the Interpreter was sworn.) Whereupon: WENGUI GUO, Was called for examination, and, after being duly sworn, was examined and testified as follows: EXAMINATION BY COUNSEL FOR DEFENDANT BY MR. ALTMILLER: **Q Would you, please, state your name?** A Guo Wengui. **Q And is that your current legal name?** A The legal name is Guo Haoyun. It's Hong 703-780-9559 Misty Klapper & Associates Page 5 Kong pronunciation, Guo Haoyun. **Q And that is the name that is on your Hong Kong passport; is that correct?** A Yes. **Q And where do you currently live?** A New York, 5th Avenue, Number 781. **Q And how long have you lived there?** A Four years. **Q And where did you live before then?** A Well, correction, a little bit over three years, less than four. **Q And before then?** A Hong Kong, Beijing and London. **Q So what should I -- how should I address you?** A Just call me Guo Wengui. **Q Guo Wengui?** A Yes. **Q I will try and pronounce it correctly. Have you ever been deposed before?** A Yes. **Q How many times?**

703-780-9559 Misty Klapper & Associates Page 94 MR. MORRISSY: What do you mean eliminate? MR. ALTMILLER: What -- I said once we eliminate the people in this room, the suspects would dwindle. MR. LAUFER: The elevator says there's a lower lobby, a lobby and there's a lower lobby. MR. MORRISSY: Um-hmm. MR. ALTMILLER: Well, I'm not going to discuss escape plans. Let's -- we should -- let's -- MR. MORRISSY: I'm just saying, if -- you know, we should power through because if my client's security team believes that the risk is heightened to the point where another authority needs to be called or he needs to be escorted out, that's going to have to happen. So let's -- MR. ALTMILLER: I hear you. MR. MORRISSY: But we don't want that to happen, so let's just move. MR. ALTMILLER: I'm just trying to do a deposition. 703-780-9559 Misty Klapper & Associates Page 95 THE WITNESS: (Unintelligible.) Legal? MR. ALTMILLER: For the record, I -- I -- I can't respond to a question that's -- that requests legal advice from a -- BY MR. ALTMILLER: **Q All right. Let's -- let's move along. You -- you stated that -- that Baosheng Guo is a killer of the democratic movement out to secure a show in Las Vegas?** A Yes. **Q And you believe that to be true; is that correct?** A Yes. **Q How do you think that he is a killer of the democratic movement?** A Because he defrauded and then also fool those people who come against CCP. And those people who paid the price of their life and of their families, because in the past 70 years there's no one like myself that is outspoken against the -- against the -- the communist party and is anti-revolutionary. 703-780-9559 Misty Klapper & Associates Page 96 So he used -- against the CCP, and he's spoke against me, shows that he is a person who is anti-democracy, a killer of the democracy, including his actions today, summoned the media to -- to come here. So his intention was to have the communist party's spy to kill me. MR. ALTMILLER: And I should just also say that my co-counsel was just downstairs and we may have an update on that situation. MR. LAUFER: Yeah. There's -- there's -- there's absolutely nobody out there and the security detail has indicated that they have no concerns about it. MR. MORRISSY: Well, the security detail for my client isn't going to share with you their concerns, first of all. And second of all, there's absolutely people on the street. It's DC. Did you go from car to car and check who was in each car? We don't really know. So we'll get pictures of them. BY MR. ALTMILLER: **Q Okay. Did you -- did you state that the** 703-780-9559 Misty Klapper & Associates Page 97 **Defendant would have sex with an animal?** A No. **Q Have you said -- have you stated that Baosheng Guo has solicited prostitutes in Tokyo?** A I didn't say he solicited a prostitute. I said that he went into strip club. Maybe it's a translation error. **Q Okay. I'm just asking. And why did you state that Baosheng Guo went to a strip club?** A Because a comrade who supported me in Japan told me, plus Li Xioa Mu also told me that he went to a strip club in Tokyo. I don't know if -- if it's a translation error, whether those people in the strip club are qualified or so-called prostitute, but he listed the strip club. Additionally, he was the one who paid the bill. **Q And -- and who are these -- these people who told you that?** A Li Xioa Mu. He was the person who paid the expenses on his behalf when they went to the strip club to see women strip their clothes off.

703-780-9559 Misty Klapper & Associates Page 98 **Q Okay. Did you ever state that Baosheng Guo was poor and would not be able to file suit or defend a lawsuit?** A Yes, I said that. **Q Did you state that the reason that Baosheng Guo removed his complaint to federal court was so that he could hand pick a judge?** A No, that's not what I said. No. **Q Did you make any statement about why Baosheng Guo would have removed the case to federal court?** A I already answered your question. Guo Baosheng was the one who tweeted the photos bragging that they had a drink with this attorney who is a descendent of President Carter. So he was the one who tweeted that and that -- to show us that he also have the case moved to a different court. He tweeted that the judge at this new court discriminate against Chinese people; Asian people, especially Chinese. All of those move are disadvantageous to our case. He says this is the end date of -- of ever Guo. 703-780-9559 Misty Klapper & Associates Page 99 THE REPORTER: Of what? I'm sorry. THE INTERPRETER: Referring to him. THE WITNESS: Evil Guo, G-U-O, my first name, yeah, family name. THE INTERPRETER: Oh, evil Guo. THE WITNESS: He claimed that this -- the evil Guo's end date is here, he said, or he tweeted it. But I'm still alive after meeting you guys after so long. You don't kill me. Thank you. BY MR. ALTMILLER: **Q Do you -- do you have a United States passport?** A No. **Q Have you ever claimed that you had a United States passport?** A I never claimed that. **Q Did you ever state that you had a relationship with the first hacker in the world?** A We are saying that we are in the process of contacting the first hacker in the world for anti-CCP. So don't take portions of my statement and twist it. That is too much like the communist 703-780-9559 Misty Klapper & Associates Page 100 party and those are not facts. **Q What is your current net worth?** A Negative. **Q Okay.** A On many media outlet, I already said that I don't have any more money, even with -- my 13 billion assets in my homeland was confiscated. So I have negative assets and that's why I'm suiing. CHECK INTERPRETER: He said 1.3 billion. (Cross talking in English and Chinese.) THE INTERPRETER: That's what he said, 13 billion. CHECK INTERPRETER: Because what he said, (Chinese), that is 1.3 billion. But now that he corrected it, so -- (Cross-talking.) THE WITNESS: Yeah, yeah, right. Thirteen billion is correct. You were correct. Thank you. I'm wrong. BY MR. ALTMILLER: **Q So have you represented yourself in** 703-780-9559 Misty Klapper & Associates Page 101 **public as being a billionaire?** A Never. **Q Okay. All right. Do you own any assets in the United States?** A In reality, under the law, no. **Q Do you receive any income from any sources?** A No. Communist party closed or seized all my accounts and credit cards, especially after Guo Baosheng started his cooperation with the communist party and all my accounts were froze and I have not a penny left. **Q How do you pay your expenses?** A Borrowed. **Q So you continue to borrow money now to -- to pay your ongoing expenses?** A Yes. **Q Okay. Other than your interest in the fund that owns the companies that we discussed earlier, do you own any assets or real estate in your own name?** A The apartment that I stayed in New York,

703-780-9559 Misty Klapper & Associates Page 102 781 Sherry-Netherland, was owned by the fund under my name, but it's not mine. (Court reporter clarifying.) (Thereupon, a discussion was had off the record.) BY MR. ALTMILLER: **Q And so the -- so the -- the apartment in -- in Manhattan is not in your name; is that correct?** A It's under my name, but I did not own it. **Q Okay.** A Or I do not own it. MR. MORRISSY: So, let's -- what does -- let's just talk about what under my name means because we're talking about a New York apartment. You're -- you're from up there. You know how things are done with co-ops and condos and -- MR. ALTMILLER: Yeah. I -- I have no idea what it means. MR. MORRISSY: Right. Does it matter to you? MR. ALTMILLER: I mean, I don't know what 703-780-9559 Misty Klapper & Associates Page 103 to make of it and so at some point -- I mean, I haven't checked the land records, so I don't know -- I don't know -- or the tax records, so I have no idea what it means. I don't know -- I don't know what to make of it, quite frankly. MR. MORRISSY: Yeah. It's all online with ACRIS, so -- MR. ALTMILLER: I just -- I have no idea. MR. MORRISSY: It's public information. MR. ALTMILLER: I mean, I'm not trying to be tricky. I was just -- I was just curious as I say -- MR. MORRISSY: No, and I wasn't insinuating that. I just wanted to clarify what my client said, you know. MR. ALTMILLER: He said it was in his name and he didn't own it. MR. MORRISSY: It's under his name. MR. ALTMILLER: Under his name. He didn't own it. MR. MORRISSY: Because I don't understand what that means. 703-780-9559 Misty Klapper & Associates Page 104 MR. ALTMILLER: Well -- MR. MORRISSY: I mean, he's allowed to live there pursuant to the co-op's rules. These are -- I'm just -- MR. PODHASKIE: So it's all public. So it's owned by an LLC technically. The shares are owned by an LLC and he -- then the LLC is then owned by a separate holding company and he is the owner of the holding company and then he also has assets by a proprietary lease the way a co-op is set up. It's not a condominium, so you don't own the real estate. You get shares and you get a lease to the apartment. MR. LAUFER: So he's a beneficial owner? MR. PODHASKIE: Correct. MR. ALTMILLER: So -- just to clarify, so he is -- the property is owned by an LLC that's owned by a holding company that in turn is owned by Mr. Guo? MR. PODHASKIE: Correct. BY MR. ALTMILLER: **Q Okay. Is that -- is that true?** MR. ALTMILLER: Can I just have the 703-780-9559 Misty Klapper & Associates Page 105 witness say that that's true? THE WITNESS: Yes. MR. ALTMILLER: Okay. So would it be -- so -- okay. All right. I'm not sure -- I'm not sure what to make of that because it then -- it suggests that he owns a -- he owns a company that owns a company that owns a \$65 million apartment. MR. MORRISSY: Well, who's valuing that apartment? MR. ALTMILLER: Well, that's a good question. So let's do this -- MR. MORRISSY: It wasn't purchased for that amount. MR. ALTMILLER: Let me -- that's -- that's a good point. Let's mark this as -- is it 4? Let's mark it as 4. (Whereupon, Deposition Exhibit Number 4 was marked for Identification.) BY MR. ALTMILLER: **Q So let me ask you this: You're aware that there was a -- a profile done of you by -- in**