--- type: court_doc id: "court_sdny_10_3" court: "SDNY" case_no: "" doc_number: 10 doc_type: "DOC" filed_date: "2023-03-29" lang: "zh" url: "https://mubeitech.com/court/court_sdny_10_3" json_url: "https://mubeitech.com/api/court/court_sdny_10_3" --- # SDNY ECF 10 > 原始法庭文件为英文；下方为英文全文，顶部为中文摘要。 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------: UNITED STATES OF AMERICA, : Case No.:23-MJ-2007 Plaintiff, : -against- : YANPING WANG, : New York, New York Defendant. : March 15, 2023 --------------------------------: Conference PROCEEDINGS BEFORE THE HONORABLE KATHERINE H. PARKER UNITED STATES MAGISTRATE JUDGE APPEARANCES: For Plaintiff: UNITED STATES ATTORNEY'S OFFICE SOUTHERN DISTRICT OF NEW YORK BY: Juliana Murray Ryan B. Finkel Micah F. Fergenson One St. Andrew's Plaza New York, New York 10007 For Defendant: CHAUDHRYLAW PLLC BY: Priya Chaudhry 147 West 25th Street New York, New York 10001 For Defendant: Lipman Law PLLC BY: Alex Lipman 147 West 25th Street New York, New York 10001 Proceedings recorded by electronic sound recording; Transcript produced by transcription service. AMM TRANSCRIPTION SERVICE - 631.334.1445 1 THE DEPUTY CLERK: Calling Case 2 23-MG-2007, U.S. versus Yanping Wang. 3 MS. MURRAY: Good afternoon, Your Honor. 4 Juliana Murray, Ryan Finkel and Micah Fergenson on 5 behalf of the United States. 6 THE COURT: Good afternoon. 7 THE DEPUTY CLERK: And counsel for 8 Ms. Yang, can you -- Ms. Wang, can you state your 9 appearance for the record. 10 MS. CHAUDHRY: Good afternoon, 11 Your Honor. Priya Chaudhry of ChaudhryLaw, along 12 with Alex Lipman of Lipman PLLC. We are 13 representing Yvette Wang, who is present, seated 14 between us, and being assisted by a Mandarin 15 interpreter. 16 THE COURT: Good afternoon. 17 MR. LIPMAN: Good afternoon, Your Honor. 18 THE COURT: Good afternoon, Ms. Wang. 19 I'm Judge Parker. Can you clearly hear the 20 interpreter? 21 THE DEFENDANT: Yes. 22 THE COURT: Okay. Great. 23 You've been arrested based on charges 24 filed against you in a complaint. The purpose of 25 the proceeding today is to inform you of certain AMM TRANSCRIPTION SERVICE - 631.334.1445 1 rights that you have, inform you of the charges 2 against you, consider whether counsel should be 3 appointed for you, and decide under what conditions, 4 if any, you shall be released pending trial. 5 Can I please have the date and time of 6 arrest. 7 MS. MURRAY: Yes, Your Honor. The 8 defendant was arrested this morning at approximately 9 6:00 a.m. 10 THE COURT: I'm now going to explain 11 certain constitutional rights that you have. 12 You have the right to remain silent. 13 You're not required to make any statements. Even if 14 you've already made statements to the authorities, 15 you're not required to make any further statements. 16 Any statements you do make can be used against you. 17 You have the right to be released with or 18 without conditions imposed pending trial, unless I 19 find that there are no conditions that would 20 reasonably assure your presence at future court 21 appearances and the safety of the community. If you 22 are not a U.S. citizen, you have the right to 23 request that a government attorney or a 24 law-enforcement official notify a consular officer 25 from your country of origin that you've been AMM TRANSCRIPTION SERVICE - 631.334.1445 1 arrested. And in some cases, a treaty or other 2 agreement may require the U.S. government to give 3 that notice, whether you request it or not. 4 You have the right to be represented by 5 an attorney during all court proceedings, including 6 this one, and during all questioning by the 7 authorities. You have the right to hire your own 8 attorney, but if you cannot afford one, the Court 9 will appoint one to represent you. 10 Do you understand your rights as I've 11 just explained them? 12 THE DEFENDANT: I understand. 13 THE COURT: Okay. Now, I understand 14 you've retained counsel, so there's no -- is that 15 correct? I don't have any financial affidavit. 16 THE DEFENDANT: That's correct. 17 THE COURT: Yes, right. Okay. 18 So now I'm going to review the charges in 19 the complaint. The complaint charges you with 20 conspiring with others to commit wire fraud and 21 securities fraud in violation of Title 18 of the 22 United States Code § 371. 23 Count II charges you with committing wire 24 fraud in violation of Title 18 of the United States 25 Code § 1343 and § 2. AMM TRANSCRIPTION SERVICE - 631.334.1445 1 Count III charges you with committing 2 securities fraud in violation of Title 15 of the 3 United States Code §§ 78j(b) and 78ff, as well as 4 Title 17 of the Code of Federal Regulations 5 § 240.10(b)(5) and Title 18 of the United States 6 Code § 2. 7 Count IV charges you with engaging in an 8 unlawful monetary transaction in violation of 9 Title 18 of the United States Code §§ 2 and 1957. 10 And these charges all relate to your 11 involvement with GTV and a private placement in 12 connection with GTV, and transfer of money 13 associated with that. 14 Counsel, have you reviewed the complaint 15 with your client with the aid of a Mandarin 16 interpreter? 17 MS. CHAUDHRY: Your Honor, we have. 18 THE COURT: And does she waive its public 19 reading? 20 MS. CHAUDHRY: She does. 21 THE COURT: Okay. Ms. Wang, do you 22 understand what you're being charged with? 23 THE DEFENDANT: Yes, I understand. 24 THE COURT: Okay. Now, in addition to 25 the rights that I've already told you about, you AMM TRANSCRIPTION SERVICE - 631.334.1445 1 have the right to a preliminary hearing at which the 2 government will have the burden of showing that 3 there is probable cause to believe that the crime 4 for which you're being charged has been committed 5 and that you're the person who committed it. At the 6 hearing, you and your counsel would be entitled to 7 cross examine any witnesses and introduce evidence. 8 If you're held in custody, you have the 9 right to a preliminary hearing within 14 days. If 10 you're not in custody, you have the right to a 11 preliminary hearing in 21 days. But a preliminary 12 hearing will not be held if you are indicted by a 13 grand jury before the date of a preliminary hearing. 14 I'll set the date for a preliminary hearing in a 15 moment. 16 What is the government's position as to 17 bail, detention or release? 18 MS. MURRAY: Just, first, one note for 19 the record, Your Honor, the defendant is a citizen 20 of China, and consular notification was made this 21 morning of her arrest. 22 THE COURT: Okay. That's noted for the 23 record. Thank you. 24 MS. MURRAY: The government has spoken 25 with defense counsel, and we have a largely AMM TRANSCRIPTION SERVICE - 631.334.1445 1 agreed-upon bail package. There are two key 2 differences. So I'm happy to address the 3 differences first, if Your Honor would like, and 4 then we can talk through the conditions, or I can 5 take it in the inverse order. 6 THE COURT: Let's start with what you do 7 agree with, and then you can tell me what you don't 8 agree with. 9 MS. MURRAY: The government would agree 10 to a personal recognizance bond of $5 million 11 co-signed by two financially responsible persons 12 approved by the government and secured by $1 million 13 in real property and/or cash; an agreement on travel 14 restriction to the Southern and Eastern Districts of 15 New York; the surrender of any travel documents, and 16 that the defendant make no new applications for any 17 travel documents; that the defendant disclose all 18 assets to Pretrial Services and the U.S. Attorney's 19 Office, including any assets over which she has 20 possession, custody or control; and to include any 21 joint or business accounts and any cash, 22 cryptocurrency or digital assets; that the defendant 23 not open any new bank accounts or lines of credit 24 without approval of Pretrial Services; that the 25 defendant have no contact with Ho Wan Kwok, also AMM TRANSCRIPTION SERVICE - 631.334.1445 1 known as Miles Guo or Kin Ming Je, J-E, also known 2 as William Je, or any alleged victims or witnesses 3 outside the presence of counsel; and any other 4 conditions recommended by Pretrial Services. 5 And then, Your Honor, the two points that 6 the parties are not in agreement on -- first, the 7 government would seek home detention, reinforced by 8 GPS location monitoring, and the government would 9 seek that the defendant be detained until all 10 conditions are met. 11 THE COURT: Okay. Now, am I correct that 12 the crimes for which Ms. Wang is charged are not 13 ones that carry a presumption of detention? 14 MS. MURRAY: That is correct, Your Honor. 15 THE COURT: And under the Bail Reform 16 Act, I'm required to release the defendant on the 17 least restrictive means necessary to reasonably 18 assure the defendant's return to court and the 19 safety of the community. 20 So I'd like to understand first why you 21 believe that home detention with GPS is the least 22 restrictive means necessary to achieve those 23 purposes. 24 MS. MURRAY: Sure. So with respect to 25 this defendant's risk of flight, the government AMM TRANSCRIPTION SERVICE - 631.334.1445 1 certainly thinks there's more than a preponderance 2 of the evidence that the defendant poses a 3 significant risk of flight. The defendant -- even 4 though these are not charges that carry presumption 5 of detention, the defendant is charged with crimes 6 that carry a very large dollar amount. She's 7 charged with a $100 million wire transfer. That's a 8 sole transfer of money that the government alleges 9 is fraud proceeds over which she had sole authority 10 to authorize that wire transfer in addition to the 11 securities fraud and the wire fraud conspiracy. 12 The defendant has access to significant 13 assets. Some of those are known to the government. 14 Some of them, frankly, may not be known to the 15 government because the defendant and others that she 16 has conspired with operate through the use of 17 extremely sophisticated and complicated shell 18 companies. 19 So as a few examples for Your Honor, the 20 defendant's apartment was purchased in the name of 21 an LLC that she fully owns. I'm not suggesting that 22 there's anything questionable about that 23 necessarily, but I'm using it as an example of one 24 of more than a dozen entities that we are aware that 25 the defendant either has or had control over, AMM TRANSCRIPTION SERVICE - 631.334.1445 1 including financial control. And some of those 2 entities, whether the defendant is the primary 3 shareholder of the entities or has access 4 necessarily to the bank accounts, the defendant 5 certainly has decisive control at least in the 6 corporate documentation over those companies. 7 The defendant also is not a resident of 8 the United States. There's a pending application 9 for asylum, but the universe within which the 10 defendant and Miles Guo and William Je and others 11 operate is an extensive network that is bolstered by 12 hundreds of thousands of online followers throughout 13 the globe, so it's not limited to the New York area. 14 We are aware that there are people who 15 support Mr. Guo and Ms. Wang and their comrades, as 16 they call them, throughout, as I mentioned, this 17 global network known as the Himalaya Farm Alliance, 18 and so we have serious reason to believe that there 19 are people in other jurisdictions who would be 20 supportive to Ms. Wang were she to flee and that she 21 has significant assets to be able to flee. 22 And then I would also note, with respect 23 to risk of flight, the strength of the government's 24 evidence in this case. The Court has before it a 25 complaint, but just to represent to the Court, the AMM TRANSCRIPTION SERVICE - 631.334.1445 1 complaint is supported by bank records, bank records 2 the defendant signed. IP logs that indicate that 3 the defendant was the person who authorized the 4 transfer of the $100 million, that she did so from 5 her apartment here in Manhattan, that she had sole 6 authority for numerous bank accounts that were 7 involved in, as alleged, hundreds of millions of 8 dollars worth of fraud. 9 Another point that we would note for Your 10 Honor are the circumstances of the defendant's 11 arrest this morning. The defendant was arrested in 12 her apartment in Manhattan. She is the -- per the 13 Pretrial Services report, the sole occupant of that 14 apartment. During the search of the apartment, 15 pursuant to a judicially authorized search warrant, 16 the FBI found $138,000, approximately, in cash, that 17 was in a safe, largely in $100 bills. They appeared 18 to be new bills. In that safe, they also found what 19 appeared to be old passports of both Ms. Wang and 20 Miles Guo, or Ho Wan Kwok. So she was holding the 21 old, but the travel documents for both herself and 22 for Mr. Guo, or Mr. Kwok. 23 They recovered more than, approximately, 24 12 iPhones. And I think it's important for the 25 Court to note the circumstances that these items AMM TRANSCRIPTION SERVICE - 631.334.1445 1 were found in. But more than approximately 2 12 iPhones, several laptops, and then documents that 3 relate to, among other things, entities involved 4 with the fraud. 5 The 12 iPhones or so, as an example, were 6 not all in plain view. They weren't all plugged in. 7 Some of them were in what appeared to be original 8 packaging. They appeared to be new. They were 9 inside bags or luggage inside of a closet. And yet, 10 when the FBI searched those phones to determine 11 whether they were, in fact, fresh out of the box or 12 whether they had data, all of those phones had data 13 on them, which, to the government, is powerful 14 evidence of concealment and hiding evidence that we 15 would allege to be certainly evidence of the crimes. 16 Similarly, laptops and documents were 17 found concealed within the apartment. So, as an 18 example, a laptop was between two sweaters on a 19 shelf in the back of a closet. Documents were found 20 between couch cushions or between the mattress and 21 the bed. 22 In terms of luxury items, and, again, we 23 would allege it's not consistent with, at least, the 24 defendant's reported income, as we understand it 25 from our evidence, 15 to 20 boxes of Hermes scarves AMM TRANSCRIPTION SERVICE - 631.334.1445 1 that seemed to be new, several Hermes wallets, a 2 large Hermes bag. And then additional electronics 3 that we don't yet know what they contain, but 4 multiple terabyte hard drives, multiple flash 5 drives. And then also within the space was 6 contained a pouch that had seven to eight SIM cards. 7 In light of those circumstances and the 8 defendant's deep connection with numerous shell 9 entities, for lack of ties to the community in the 10 sense of any status within the U.S., her extensive 11 connections to a network of very supportive 12 followers throughout the country and the world. And 13 then also the defendant's role in the charged 14 offenses. She was a signatory, as I mentioned, of 15 numerous accounts, not just the account from which 16 the $100 million was transferred, but the head of 17 the various entities that make up the Kwok or Guo 18 family offices. She had control over those 19 entities. She had authority. She was essentially 20 the chief of staff to Miles Guo or Miles Kwok. 21 She ran the operations. At certain 22 points when he was operating various of his 23 controlled companies out of a townhouse on the Upper 24 East Side, right near Ms. Wang's apartment, there 25 were several different purported businesses working AMM TRANSCRIPTION SERVICE - 631.334.1445 1 out of the same townhouse, and Ms. Wang was the 2 command center. It didn't matter which business. 3 If someone was asking for approval for a wire, 4 approval for a business decision, they would go to 5 her. So she was the one who was tasked with being 6 the primary right-hand person for this billion 7 dollar fraud. 8 Those are the reasons the government 9 thinks that home detention with GPS monitoring is 10 appropriate. And we also believe that it's 11 important for the conditions to be met and for the 12 government to get comfort that the conditions are 13 met, including the financial bond and the co-signers 14 before the defendant is released. 15 THE COURT: Okay. Thank you. 16 I'll hear from defense counsel next. 17 MS. CHAUDHRY: Thank you, Your Honor. I 18 think the government missed a very big point in 19 their risk of flight argument, which is that 20 Ms. Wang is unique. She's not just a citizen of 21 China that is in the U.S., she is a political 22 refugee. The idea that she would flee to China -- 23 whatever she's looking at in terms of the 24 government's proof in the government's case, what 25 she is looking at if she were to go back to China AMM TRANSCRIPTION SERVICE - 631.334.1445 1 ever in this lifetime is much worse, which is why 2 she's seeking political asylum. Going to China is 3 not an option for her. So there is no risk of 4 flight to China in this lifetime for Ms. Wang. 5 That's one. 6 Two, these passports that were found are 7 old and expired passports. And as the government 8 conceded, Ms. Wang was the chief of staff to Miles 9 Kwok, so having her an his expired passport is not 10 out of the ordinary, since she's also handling their 11 immigration asylum application. 12 In addition, while the government says 13 that she does have followers, this case, especially 14 Mr. Kwok's case, is going to get so much publicity 15 that it would be very unusual for Interpol to not 16 notice that one of the three very high-profile 17 defendants in this case has crossed a border. She 18 doesn't have any travel documents anymore. 19 And when we talk about ties to the 20 community, Ms. Wang left China in April of 2015 and 21 has never gone back, ever. Not even to see her 22 father before he died, not to see her own child, who 23 she cannot return to see. She has been in New York, 24 and, in fact, in Manhattan since 2017. And like 25 many New Yorkers, she doesn't drive. She has lived AMM TRANSCRIPTION SERVICE - 631.334.1445 1 in this apartment that she owns since 2020. And 2 before that, she rented an apartment in the same 3 building. Pretrial Services has called the building 4 and confirmed that she does, in fact, live there. 5 And she does have her asylum application 6 in. The interviews are done. So she is actively 7 seeking to not only let the U.S. government know 8 she's here, but to let her stay. This is not 9 someone who is risking going anywhere where China 10 can get their hands on her again. 11 GPS monitoring for Ms. Wang would assure 12 the government and the Court that we know where she 13 is. It is used for defendants all over this 14 country. It is incredibly effective. I have had 15 clients who face charges in this district who have 16 lived all over the country, and they have faced 17 similar charges, and that was enough to keep them -- 18 to -- sorry -- to secure their return to court. 19 That's something that, I think, Pretrial is able -- 20 hopefully, able to do today before she leaves. 21 We are happy to agree to the rest of it, 22 but that is asking -- letting her out today, we 23 think is easy to do without the Court really 24 worrying that they will never see her again. And 25 the government's request for home confinement, we AMM TRANSCRIPTION SERVICE - 631.334.1445 1 think is also unnecessary, given the effectiveness 2 of the GPS location monitoring. 3 With the travel restrictions of the 4 Southern and Eastern Districts of New York, that 5 should keep us all aware of Ms. Wang's whereabouts. 6 And, in addition, she has no intention of going 7 anywhere. She has known that the government has 8 been investigating her, and the SEC has been 9 investigating for quite a while, and she has not 10 fled. And she has no intention of fleeing. So for 11 that reason, we would agree to all of that with 12 those two requests for a change, and we would ask to 13 have ten days to get the rest of the conditions met, 14 but to release Ms. Wang on her signature today. 15 THE COURT: So you don't object to an 16 ankle bracelet, you object to home detention? 17 MS. CHAUDHRY: Correct. 18 THE COURT: And Ms. Wang being held until 19 the conditions are met. 20 MS. CHAUDHRY: That's right. 21 THE COURT: And do you have financial 22 suretors? 23 MS. CHAUDHRY: We are working on them. 24 The government has agreed to have a dialogue with us 25 in the next day or two to find people that they -- AMM TRANSCRIPTION SERVICE - 631.334.1445 1 we offered some people not yet acceptable. We will 2 find people that are acceptable. 3 THE COURT: What's the value of 4 Ms. Wang's apartment, if anybody -- do you -- does 5 any -- either side know? 6 MS. CHAUDHRY: It was purchased for just 7 over $1 million. It has no mortgage. And that was 8 in 2020. It is in a desirable building on the Upper 9 East Side, so I assume it's worth at least that 10 right now. 11 THE COURT: Does the government have any 12 comments in response? 13 MS. MURRAY: Yes. Thank you, Your Honor. 14 Just briefly, a few points. 15 One, with respect to Ms. Chaudhry's point 16 about Ms. Wang not looking to go to China anytime 17 soon because of the danger that it poses in light of 18 her status as a political asylee applicant here, I 19 would just note there are other places that Ms. Wang 20 could go to. At least one of her entities is a BVI 21 registered entity. There are connections in this 22 case and with respect to bank account and money and 23 entities that Ms. Wang had access to, to the UAE, 24 including very recent activity in Dubai and the UAE 25 as recently as a couple of days ago, by people who AMM TRANSCRIPTION SERVICE - 631.334.1445 1 are involved in these entities and in this fraud 2 scheme. 3 So the expired passports in the safe, one 4 doesn't need a passport to flee somewhere and then 5 seek asylum in that location. So we would note that 6 we think that there is a significant risk of flight, 7 and Ms. Wang's relationship with China does not 8 mitigate that, particularly in light of her ties to 9 other jurisdictions, including other jurisdictions 10 that do not readily, or even at all, extradite to 11 the United States. 12 Another couple of points. $130,000 in 13 cash, that seems like an emergency flight fund. 14 That is a lot of cash to be having on hand and 15 indicates to us that, even setting aside the bank 16 accounts that she has control over and access to and 17 the entities that she has control and access to, she 18 has been storing cash for some reason in a safe in 19 her apartment. That gives us grave concerns about 20 potential motivation to flee and also ability to 21 flee on a moment's notice. 22 With respect to the location monitoring, 23 the GPS bracelet versus home detention reinforced by 24 GPS monitoring, I understand Ms. Chaudhry's point, 25 but a bracelet is relatively easy to cut. I AMM TRANSCRIPTION SERVICE - 631.334.1445 1 understand that most people, you know, kind of, 2 comply with the conditions. Our concern here, where 3 we have somebody who had all of that cash just 4 within her apartment is there could be other 5 locations she has access to where she has assets 6 stored away to help her flee. She could cut the 7 bracelet. It's another reason, Your Honor, why it 8 is so important for us to firm up the conditions of 9 the bond that the parties do agree on, including the 10 financial conditions, before Ms. Wang is released so 11 that we have some comfort that we have a sense of 12 what would actually be put up in this case as a 13 bond, and we would have a sense of what controls we 14 would have in place if Ms. Wang were to flee. 15 And, finally, with respect to the 16 co-signers that the defense counsel has proposed to 17 us, we are more than happy to work with the defense 18 counsel to find co-signers who would be satisfactory 19 to the government. I would note that the two names 20 that were floated today are two people that the 21 government will not accept in light of their own 22 participation in the fraud scheme. So not making 23 any claims about, you know, what Ms. Wang may or may 24 not know about the government's view of those people 25 or its evidence, but it's concerning to us that the AMM TRANSCRIPTION SERVICE - 631.334.1445 1 financially responsible persons that she presents 2 today are two people who have been alleged had 3 involvement in the fraud. 4 THE COURT: Okay. Anything further? 5 MS. CHAUDHRY: Yes, Your Honor, just on 6 the $138,000 in cash. It is a fact, and I think 7 it's publically known since the GTV cases have 8 gotten some notoriety, that lots of groups, whether 9 they're countries or companies, have taken political 10 stances in this, including various banks that have 11 closed Ms. Wang's bank accounts down, which is why 12 she ended up with a lot of cash in her safe. She 13 has gone through nearly a dozen normal banks, 14 whether it is Bank of America or Santander or -- 15 they just close her accounts down and make her come 16 get her money. So that is one of the reasons that 17 she keeps cash on hand. 18 And the second thing is the government's 19 entirely speculative claim that there could be other 20 places where she has cash where she could go are 21 just that, they're just speculation. They have been 22 investigating this for a long time. They haven't 23 given the Court a particular place where they think 24 that there's cash. I mean, either they think this 25 is somebody who has followers in the world who could AMM TRANSCRIPTION SERVICE - 631.334.1445 1 disappear her or they think she doesn't, but, you 2 know, GPS works for just about every other 3 defendant, and so that -- that would be my response 4 to that. 5 THE COURT: Okay. Thank you. 6 I've carefully considered the arguments 7 of the government and defense counsel, and also I 8 consider the recommendations of Pretrial Services. 9 And based on this, I believe that there are 10 conditions that I can impose that will assure 11 Ms. Wang's return to court and the safety of the 12 community. And the conditions that I'm going to 13 impose are the least restrictive I believe are 14 necessary to achieve that purpose. So... 15 All right. Ms. Wang will be released 16 subject to meeting all of the conditions. In other 17 words, she's going to be detained until all of the 18 following conditions are met: $5 million bond 19 co-signed by two financially responsible persons 20 approved by the government, and it will be secured 21 by $1 million in cash or property. Travel 22 restricted to the Southern District, Eastern 23 District of New York. Surrender all travel 24 documents and make no new applications. Pretrial 25 supervision as directed by Pretrial Services. Home AMM TRANSCRIPTION SERVICE - 631.334.1445 1 detention enforced by location monitoring technology 2 as directed by Pretrial Services. Defendant will 3 disclose all assets to Pretrial Services and the 4 U.S. Attorney's Office, including any accounts in 5 her name or controlled by her or by companies in 6 which she has an interest, any cryptocurrency, any 7 cash and any other property. 8 Ms. Wang shall have no contact with 9 Mr. Kwok or Mr. Je or other co-conspirators outside 10 presence of counsel. She shall have no contact with 11 any alleged victims or witnesses outside presence of 12 counsel. She shall reside at the residence at 13 188 East 64th Street and may not relocate absent 14 permission from Pretrial Services. Defendant shall 15 not open any new bank accounts, lines of credit or 16 loans without prior approval of Pretrial Services. 17 Now, is there anything further from the 18 government? 19 MS. MURRAY: If I may just clarify one 20 condition, Your Honor. 21 THE COURT: Yes. 22 MS. MURRAY: With respect to the home 23 detention being reinforced by location monitoring, 24 we would ask that it be reinforced by GPS location 25 monitoring so that it -- I understand that location AMM TRANSCRIPTION SERVICE - 631.334.1445 1 monitoring advises when the defendant leaves or 2 returns. We would like to know where she goes when 3 she leaves as well. 4 THE COURT: Yeah, I'm going to -- I will 5 also order the GPS, but location monitoring also can 6 include standalone monitoring in the home -- at the 7 home if Pretrial Services deems that to be 8 appropriate, and so I'm including that within the 9 bail conditions. 10 MS. MURRAY: Okay. Thank you, Your 11 Honor. 12 THE COURT: Okay. Now, Ms. Wang, I 13 assume you're going to be able to meet these 14 conditions at some point, and once you do and when 15 you are released, I need to warn you that failing to 16 appear in court as required can have serious 17 consequences. 18 If you violate any of the terms of your 19 release, a warrant will be issued for your arrest. 20 You and anyone who signs a bond will each be 21 responsible for paying its full amount. You may be 22 charged with a separate crime of bail jumping, which 23 can mean additional jail time and a fine. 24 In addition, if you commit any new 25 offense while you're released, in addition to the AMM TRANSCRIPTION SERVICE - 631.334.1445 1 sentence prescribed for that offense, you'll be 2 sentenced to an additional term of imprisonment of 3 not more than ten years if it's a felony, and not 4 more than one year if it's a misdemeanor. And this 5 term of imprisonment would be served after any other 6 sentence of imprisonment is completed. 7 And while you're awaiting trial, I also 8 must warn you not to have any contact with or engage 9 in any intimidation of potential or designated 10 witnesses or jurors, not to engage in any 11 intimidation of any court officer, and not to engage 12 in any conduct that would obstruct any investigation 13 by law enforcement. 14 What date shall I set for a preliminary 15 hearing? 16 Defense counsel, do you want to waive to 17 the 30th day for a preliminary hearing? You want 18 the 14th day? 19 MS. CHAUDHRY: 14th. 20 THE COURT: Okay. Preliminary hearing is 21 set for March 29. 22 Anything further from the government? 23 MS. MURRAY: No, Your Honor. Thank you. 24 THE COURT: Anything further from defense 25 counsel? AMM TRANSCRIPTION SERVICE - 631.334.1445 1 MR. LIPMAN: No. Thank you, Your Honor. 2 MS. CHAUDHRY: No. Thank you, 3 Your Honor. 4 THE COURT: All right. Thank you. We're 5 adjourned. 6 7 0o0 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AMM TRANSCRIPTION SERVICE - 631.334.1445 1 2 3 C E R T I F I C A T E 4 5 I, Adrienne M. Mignano, certify that the 6 foregoing transcript of proceedings in the case of 7 USA v. Yanping Wang, Docket No.: 23-MJ-2007 was 8 prepared using digital transcription software and is 9 a true and accurate record of the proceedings. 10 11 12 Signature ___________________________ 13 ADRIENNE M. MIGNANO, RPR 14 15 Date: March 22, 2023 16 17 18 19 20 21 22 23 24 25 AMM TRANSCRIPTION SERVICE - 631.334.1445