---
type: court_doc
id: "court_sdny_117_0"
court: "SDNY"
case_no: ""
doc_number: 117
doc_type: "DOC"
filed_date: "2023-07-28"
lang: "zh"
url: "https://mubeitech.com/court/court_sdny_117_0"
json_url: "https://mubeitech.com/api/court/court_sdny_117_0"
---
# SDNY ECF 117



> 原始法庭文件为英文；下方为英文全文，顶部为中文摘要。

July 28, 2023

VIA ECF
Hon. Analisa Torres
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312

Re:
United States v. Yanping Wang, a/k/a “Yvette,” S1 23 Cr. 118 (AT)
Dear Judge Torres:
The Government writes further to its letter dated July 24, 2023 (Dkt. 114), and to request
the Court order the briefing schedule proposed below for a motion to disqualify Emil Bove as
counsel to Yanping Wang.

By way of background, on July 22, 2023, Emil Bove filed a notice of appearance in this
matter indicating that Bove intended to represent Wang.  The same day, Bove filed a motion
seeking to replace Priya Chaudhry as Wang’s lead counsel, while Alex Lipman would remain as
additional counsel to Wang.  (Dkt. 113-1.)  The Government next requested that the Court stay
consideration of Bove’s motion to substitute so that Bove and the Government could discuss
potential conflict issues.

Those conflict issues relate to Bove’s role as a supervisor of the National Security and
International Narcotics Unit in the United States Attorney’s Office for the Southern District of
New York (“NSIN”) from approximately September 2019 through approximately January 2022.
While Bove was supervisor, that unit investigated Wang’s co-defendant, Ho Wan Kwok.  After
Bove filed his notice of appearance, the Government advised Bove that it believes his proposed
representation of Wang in this matter implicates the conflict-of-interest provisions of applicable
rules of professional conduct.  Specifically, former government attorneys “shall not represent a
client in connection with a matter in which the lawyer participated personally and substantially as
a public officer or employee.”  New York Rule of Professional Conduct 1.11(a)(2).  These
provisions, and others, were discussed with Bove who respectfully disagrees with the
Government’s interpretation of them, necessitating this Court’s intervention.

The Silvio J. Mollo Building

One Saint Andrew’s Plaza

New York, New York 10007
U.S. Department of Justice
United States Attorney
Southern District of New York

---

The Government and Bove have conferred, and jointly propose the following briefing
schedule for the Court’s consideration:

Government’s motion:

August 4, 2023
Bove’s response:

August 7, 2023
Government’s reply:

August 9, 2023

The Government is available to address any questions the Court may have.

Respectfully submitted,

DAMIAN WILLIAMS

United States Attorney

      By:

Juliana N. Murray
Ryan B. Finkel
Micah F. Fergenson

Assistant United States Attorneys

(212) 637-2314 / 6612 / 2190

Cc:
All Counsel of Record (by ECF)