--- type: court_doc id: "court_sdny_723_0" court: "SDNY" case_no: "23-cr-00118" doc_number: 723 doc_type: "PETITION" filed_date: null lang: "zh" url: "https://mubeitech.com/court/court_sdny_723_0" json_url: "https://mubeitech.com/api/court/court_sdny_723_0" --- # UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK > 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, v. Case No. 1:23-cr-00118-AT Ho Wan Kwok a/k/a Miles Guo, et al., Defendants. PETITION OF THIRD-PARTY CLAIMANT PURSUANT TO 21 U.S.C. § 853(瀁) WITH REQUEST FOR PRIVACY PROTECTION UNDER FED. R. CRIM. P. 49.1 Petitioner , 瀃瀅瀂 瀆濸, 瀃瀈瀅瀆瀈濴瀁瀇 瀇瀂 21 U.S.C. § 853(瀁) 濴瀁濷 F濸濷濸瀅濴濿 R瀈濿濸 瀂濹 C瀅濼瀀濼瀁濴濿 Procedure 32.2, respectfully submits this Petition to assert a legal interest in certain property subject to forfeiture in the above-captioned case. Petitioner also requests protection of personal identifying information under Federal Rule of Criminal Procedure 49.1 due to safety and harassment concerns. Petitioner states as follows: I. Background 1. Petitioner is a resident of [Chongqing of China], 瀄瀈濴濿濼濹濼濸濷 瀈瀁濷濸瀅 21 U.S.C. § 853(瀁)(2) to assert a legal interest in property subject to forfeiture in this case. 2. Petitioner asserts a legal interest in the following property subject to forfeiture: a. Some invested in the Farm Loan Program, for the purpose of earning interest (see Exhibit 2). b. \$10,000 for the purchase of one G Club membership card, for the purpose of accessing G Club membership benefits (see Exhibit 3). c. \$10,000 deposited into the Himalaya Exchange, resulting in 10,000 HDO stablecoins (see Exhibit 4). 3. This case involves Defendants Ho Wan Kwok (a/k/a Miles Guo), Kin Ming Je, and Yanping Wang, charged with defrauding over \$1 billion through fraudulent investment schemes, including GTV Media Group, Farm Loan Program, G Club, and Himalaya Exchange. The Government has seized approximately \$634 million in assets and seeks forfeiture (see ECF No. 19). 4. Petitioner has learned that certain forfeited property may be distributed through bankruptcy proceedings or other claims processes to unqualified claimants, including D濸濹濸瀁濷濴瀁瀇瀆' 濶瀅濸濷濼瀇瀂瀅瀆 瀂瀅 濸瀁瀇濼瀇濼濸瀆/濼瀁濷濼瀉濼濷瀈濴濿瀆 瀆瀈瀆瀃濸濶瀇濸濷 瀂濹 濶瀂瀁瀆瀃濼瀅濼瀁濺 瀊濼瀇濻 D濸濹濸瀁濷濴瀁瀇瀆. S瀈濶濻 distribution, based on procedurally invalid bankruptcy orders or fraudulent claims, would 瀃瀅濸濽瀈濷濼濶濸 P濸瀇濼瀇濼瀂瀁濸瀅'瀆 濿濸濺濼瀇濼瀀濴瀇濸 濼瀁瀇濸瀅濸瀆瀇瀆. II. Legal Basis 5. P瀈瀅瀆瀈濴瀁瀇 瀇瀂 21 U.S.C. § 853(瀁), 濴瀁y 瀇濻濼瀅濷 瀃濴瀅瀇y 濴瀆瀆濸瀅瀇濼瀁濺 濴 濿濸濺濴濿 濼瀁瀇濸瀅濸瀆瀇 濼瀁 濹瀂瀅濹濸濼瀇濸濷 property may petition the Court for a hearing to adjudicate the validity of their interest. Federal Rule of Criminal Procedure 32.2 governs the procedures for such ancillary proceedings. 6. Petitioner asserts that their legal interest in the described property is superior to the G瀂瀉濸瀅瀁瀀濸瀁瀇'瀆 濹瀂瀅濹濸濼瀇瀈瀅濸 濶濿濴濼瀀 濴瀁濷 瀆濻瀂瀈濿濷 瀁瀂瀇 濵濸 瀃瀅濸濽瀈濷濼濶濸濷 濵y 瀈瀁瀄瀈濴濿濼濹濼濸濷 濶濿濴濼瀀濴瀁瀇瀆 瀂瀅 procedurally invalid court orders. III. Grounds for Petition A. Invalidity of Bankruptcy Court Orders Due to Lack of Due Process 7. P濸瀇濼瀇濼瀂瀁濸瀅 濻濴瀆 濿濸濴瀅瀁濸濷 瀇濻濴瀇 濶濸瀅瀇濴濼瀁 濶濿濴濼瀀濴瀁瀇瀆, 濼瀁濶濿瀈濷濼瀁濺 D濸濹濸瀁濷濴瀁瀇瀆' 濶瀅濸濷濼瀇瀂瀅瀆, 瀅濸濿y 瀂瀁 orders issued by the United States Bankruptcy Court for the District of Connecticut ( Case No. 22-50073.) to assert claims against the property at issue. These orders erroneously 濶濿濴瀆瀆濼濹濼濸濷 濶濸瀅瀇濴濼瀁 瀃瀅瀂瀃濸瀅瀇y, 濼瀁濶濿瀈濷濼瀁濺 瀇濻濸 "G 瀆濸瀅濼濸瀆" 濴瀆瀆濸瀇瀆 (濸.濺., GTV M濸濷濼濴 G瀅瀂瀈瀃 瀆瀇瀂濶濾, Himalaya Exchange accounts), as the personal property of Defendant Ho Wan Kwok. However, the bankruptcy proceedings suffered from significant procedural deficiencies, including: a. Defendant Ho Wan Kwok was deprived of meaningful participation or an opportunity to be heard in the bankruptcy proceedings; b. The Bankruptcy Court, absent proper adversarial proceedings, erroneously classified 濶瀂瀁瀇濸瀆瀇濸濷 瀃瀅瀂瀃濸瀅瀇y 濴瀆 D濸濹濸瀁濷濴瀁瀇'瀆 瀃濸瀅瀆瀂瀁濴濿 瀃瀅瀂瀃濸瀅瀇y; c. The orders failed to adequately consider the legitimate interests of third parties, such as P濸瀇濼瀇濼瀂瀁濸瀅, 濼瀁 瀉濼瀂濿濴瀇濼瀂瀁 瀂濹 濷瀈濸 瀃瀅瀂濶濸瀆瀆 瀃瀅濼瀁濶濼瀃濿濸瀆 瀈瀁濷濸瀅 瀇濻濸 F濼濹瀇濻 A瀀濸瀁濷瀀濸瀁瀇 濴瀁濷 11 U.S.C. § 541. 8. Accordingly, any claims relying on these Bankruptcy Court orders lack legal validity. Petitioner requests that the Court exclude all claims based on such orders. Petitioner further requests that the Court review the docket of the United States Bankruptcy Court for the District of Connecticut (Case No.22-50073) to verify the procedural deficiencies. B. Exclusion of Claims by Suspected Conspirators 9. A濶濶瀂瀅濷濼瀁濺 瀇瀂 瀇濻濸 G瀂瀉濸瀅瀁瀀濸瀁瀇'瀆 濹濼濿濼瀁濺瀆 (ECF N瀂瀆. 382, 388, 395), 瀇濻濸 H濼瀀濴濿濴y濴 A濿濿濼濴瀁濶濸 濴瀁濷 H濼瀀濴濿濴y濴 F濴瀅瀀瀆 濴瀅濸 濴濿濿濸濺濸濷 瀇瀂 濵濸 濼瀁瀆瀇瀅瀈瀀濸瀁瀇濴濿濼瀇濼濸瀆 瀂濹 D濸濹濸瀁濷濴瀁瀇瀆' 濹瀅濴瀈濷瀈濿濸瀁瀇 瀆濶濻濸瀀濸瀆, with violations of the Racketeer Influenced and Corrupt Organizations Act (RICO, 18 U.S.C. § 1962) as the primary charge. Entities such as the Himalaya Farms Alliance Committee, Himalaya New York Vanilla Mountain Farm, and Himalaya New York Rock Farm are identified as conspirators or suspected conspirators. Petitioner asserts that certain claimants or entities organized by these groups have submitted claims to seize forfeited property through fraudulent means, as follows: a. These conspirators, as participants in the fraudulent schemes, organized purported "瀉濼濶瀇濼瀀瀆" 瀂瀅 "濶瀅濸濷濼瀇瀂瀅瀆" 瀇瀂 瀆瀈濵瀀濼瀇 濶濿濴濼瀀瀆, 濼瀁 瀉濼瀂濿濴瀇濼瀂瀁 瀂濹 濽瀈濷濼濶濼濴濿 濸瀇濻濼濶瀆; b. Recent updates by the Bankruptcy Trustee, Luc A. Despins, significantly reduced the creditor claims, indicating either bad faith by the Trustee or widespread fraudulent or invalid registrations in prior submissions; c. The creditor registrations organized by these conspirators are fraudulent or invalid, constituting a continuation of their fraudulent conduct to unlawfully seize the property at issue. 10. Petitioner requests that the Court review the legitimacy of all claims organized by these conspirators or their entities, including but not limited to creditors, beneficiaries, or other claimants. If it is illegal, petitioner requests that the court to exclude it. C. R濸瀄瀈濸瀆瀇 濹瀂瀅 R濸瀉濼濸瀊 瀂濹 瀇濻濸 G瀂瀉濸瀅瀁瀀濸瀁瀇'瀆 C濿濴濼瀀 R濸瀉濼濸瀊 P瀅瀂濶濸瀆瀆 11. B濴瀆濸濷 瀂瀁 瀇濻濸 G瀂瀉濸瀅瀁瀀濸瀁瀇'瀆 濹濼濿濼瀁濺瀆 (ECF N瀂瀆. 382, 388, 395), 瀇濻濸 H濼瀀濴濿濴y濴 A濿濿濼濴瀁濶濸 濴瀁濷 H濼瀀濴濿濴y濴 F濴瀅瀀瀆 濴瀅濸 濴濿濿濸濺濸濷 瀇瀂 濵濸 濼瀁瀆瀇瀅瀈瀀濸瀁瀇濴濿濼瀇濼濸瀆 瀂濹 D濸濹濸瀁濷濴瀁瀇瀆' 濹瀅濴瀈濷, 瀊濼瀇濻 RICO violations as the primary charge. Despite this, the corporate representatives or key personnel of these entities (e.g., Himalaya Farms Alliance Committee, Himalaya New York Vanilla Mountain Farm, Himalaya New York Rock Farm) have not been arrested, and fraudulent activities, such as suspected fraudulent creditor registrations, have continued post-arrest. The Government has failed to adequately pursue criminal liability against these suspected conspirators, allowing fraudulent registrations to unlawfully encroach on forfeited 瀃瀅瀂瀃濸瀅瀇y. P濸瀇濼瀇濼瀂瀁濸瀅 瀅濸瀄瀈濸瀆瀇瀆 瀇濻濴瀇 瀇濻濸 C瀂瀈瀅瀇 瀅濸瀉濼濸瀊 瀊濻濸瀇濻濸瀅 瀇濻濸 G瀂瀉濸瀅瀁瀀濸瀁瀇'瀆 瀃瀅瀂濶濸瀆瀆 濹瀂瀅 reviewing claims in this case complies with due process, particularly whether the Government has adequately scrutinized claims organized by suspected conspirators or their corporate representatives. IV. Request for Privacy Protection Under Fed. R. Crim. P. 49.1 12. Pursuant to Federal Rule of Criminal Procedure 49.1, Petitioner respectfully requests 瀇濻濴瀇 瀇濻濸 C瀂瀈瀅瀇 瀅濸濷濴濶瀇 瀂瀅 瀆濸濴濿 P濸瀇濼瀇濼瀂瀁濸瀅'瀆 瀃濸瀅瀆瀂瀁濴濿 濼濷濸瀁瀇濼濹y濼瀁濺 濼瀁濹瀂瀅瀀濴瀇濼瀂瀁, 濼瀁濶濿瀈濷濼瀁濺 濹瀈濿濿 瀁濴瀀濸, address, email address, phone number, and financial account details in Exhibits 2, 3, and 4, from the public docket. Disclosure of such information could expose Petitioner to harassment, identity theft, or personal safety risks due to the high-profile nature of this case 濴瀁濷 P濸瀇濼瀇濼瀂瀁濸瀅'瀆 瀆瀂濶濼濴濿 濸瀁瀉濼瀅瀂瀁瀀濸瀁瀇. V. Relief Sought Based on the foregoing, Petitioner respectfully requests that the Court issue the following orders: a. Exclude all claims relying on orders issued by the United States Bankruptcy Court for the District of Connecticut (Case No. 22-50073), as such orders are procedurally invalid due to lack of due process; b. Exclude all claims organized by Defendants Ho Wan Kwok, Kin Ming Je, Yanping Wang, or their associated conspiratorial entities, including creditors, beneficiaries, or other claimants; 濶. R濸瀉濼濸瀊 瀊濻濸瀇濻濸瀅 瀇濻濸 G瀂瀉濸瀅瀁瀀濸瀁瀇'瀆 瀃瀅瀂濶濸瀆瀆 濹瀂瀅 瀅濸瀉濼濸瀊濼瀁濺 濶濿濴濼瀀瀆 濼瀁 瀇濻濼瀆 濶濴瀆濸 濶瀂瀀瀃濿濼濸瀆 瀊濼瀇濻 due process, particularly with respect to claims organized by suspected conspirators or their corporate representatives; d. Grant any other relief the Court deems just and proper. Petitioner requests that the Court rule on this Petition based on the submitted materials or, if 瀁濸濶濸瀆瀆濴瀅y, 瀆濶濻濸濷瀈濿濸 濴 濻濸濴瀅濼瀁濺 瀃瀈瀅瀆瀈濴瀁瀇 瀇瀂 21 U.S.C. § 853(瀁) 瀇瀂 濹瀈瀅瀇濻濸瀅 濴濷濽瀈濷濼濶濴瀇濸 瀇濻濸 claims. VI. Conclusion Petitioner seeks to protect their legitimate interests in the forfeited property and prevent unqualified claimants or procedurally invalid orders from prejudicing their rights. Failure to 濶瀂瀁瀆濼濷濸瀅 P濸瀇濼瀇濼瀂瀁濸瀅'瀆 濼瀁瀇濸瀅濸瀆瀇瀆 瀊瀂瀈濿濷 濶濴瀈瀆濸 濼瀅瀅濸瀃濴瀅濴濵濿濸 濻濴瀅瀀 濴瀁濷 瀉濼瀂濿濴瀇濸 濷瀈濸 瀃瀅瀂濶濸瀆瀆 principles. Res ectfull submitted, ![](_page_2_Picture_14.jpeg) ![](_page_2_Picture_17.jpeg) Date: August 28, 2025 ## VERIFICATION I 濴瀇瀇濸瀆瀇 濴瀁濷 濷濸濶濿濴瀅濸 瀈瀁濷濸瀅 瀃濸瀁濴濿瀇y 瀂濹 瀃濸瀅濽瀈瀅y, 瀃瀈瀅瀆瀈濴瀁瀇 瀇瀂 28 U.S.C. § 1746, 瀇濻濴瀇 瀀y 瀃濸瀇濼瀇濼瀂瀁 is not frivolous and the information provided in support of my petition is true and correct to the best of my knowledge and belief. Executed on August 28, 2025, in ![](_page_3_Picture_4.jpeg)