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ath*** 发言

发言时间:2025-09-06 10:20:35

围绕郭文贵案的社区讨论与观点交锋。发言仅代表讨论者观点,不等同于法院认定。

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发言原文
Procedural Errors in Criminal Forfeiture:Lack of Notice: I did not receive direct written notice of the freeze or forfeiture, violating 18 U.S.C. § 983(a), as seen in 1MDB Civil Forfeiture Litigation. Overbroad Freeze: The Government has not demonstrated that my assets are traceable to criminal proceeds, as required by 21 U.S.C. § 853(c) and United States v. All Assets Held at Bank Julius Baer. Lack of Transparency: The Government has not provided a clear list of seized assets, as noted in ECF Nos. 382, 388, and 395, preventing me from confirming their status. Procedural Errors in Bankruptcy Proceedings:Lack of Notice: I was not notified of the bankruptcy proceedings, violating 11 U.S.C. § 341. Improper Prioritization: The bankruptcy court allowed third-party claimants to assert claims over my assets, ignoring the criminal forfeiture exemption (11 U.S.C. § 362(b)(4)). Lack of Transparency: The bankruptcy trustee has not disclosed the creditor list or asset distribution plan, hindering my ability to protect my rights. Alliance Farms’ Role:ECF Nos. 382, 388, and 395 identify Alliance Farms as a suspected co-conspirator, yet it has not been indicted, raising questions about the Government’s failure to distinguish legitimate investor assets from criminal proceeds. Alliance Farms’ encouragement of Petitions for Remission misleads investors, potentially prejudicing the defendants’ case and my rights. No Other Claimants Have Superior Rights:My investments predate the alleged crimes and are supported by [Exhibits A–C], establishing my priority over bankruptcy claimants or other third parties. Irreparable Harm:The continued freeze of my assets causes financial harm and prevents access to my lawful investments.