Guo Wengui / Miles Guo — bankruptcy case · ECF #1082-1

METADATA

Defendant
Guo Wengui / Miles Guo / Ho Wan Kwok
Court
CTB
Case No.
22-50073
ECF #
1082
Type
UNKNOWN
Filed
2022-11-11

FULL TEXT

Transcription of Ho Wan Kwok Hearing from Audio Time Mark from 1:53:00 to 2:16:51

*59 9 9*
L1

Ms Claiborn: What is the name of the attorney holding the check?

L2

Official interpreter: What is the name of the attorney holding the \$12000 check?

L3 Mr. Kwok: I am not able to tell

the full name of the attorney.

L4

Official interpreter: I can't pronounce the attorney's name completely.

L5

Ms Claiborn: What is the attorney's first name?

L6 Official

interpreter: What is the attorney's first name?

L7

Mr. Kwok: I am also unable to pronounce it just like that.

L8 Official interpreter: I cannot – I'm not able to read out the –

to pronounce his name.

L9

Ms Claiborn: Is the attorney who's holding the check the same attorney who L10 represented you in that lawsuit?

L11

Official interpreter: Is the attorney who's holding the check the same attorney who L12 represented you in that lawsuit?

L13

Mr. Kwok: Could be. L14 Official interpreter: It should be.

L15 Ms Claiborn: On your Schedule A-B, L16

Official interpreter: On your Schedule A-B,

L17

Ms Claiborn: you did not disclose that \$12,000 check.

L18 Official interpreter: On the

Schedule A-B, you did not tell the \$12,000 check.

L19 Mr. Kwok: It did not… L20

Ms Claiborn: Why?

L21

Mr. Baldiga: Wait for the question. No. Can you interpret that?

L22

Official interpreter: Wait until she finished the question.

L23

Ms Claiborn: Why did you not disclose that \$12,000 check?

L24

Official interpreter: Why did you not report the \$12,000 check the money?

L25

Mr. Kwok: L26 My attorney thought that since the money was not in my account, I was not allowed to.

L27

Official interpreter: L28 My attorney thinks because the money is not in my account, so I'm

not allowed to –we're not –

I'm not supposed to disclose that.

L29

Ms Claiborn: Okay. Mr. Kwok, do you have any patents?

L30

Official interpreter: Mr. Kwok, do you have any patents?

L31

Mr. Kwok: Patents? No.

L32

Official interpreter: No.

L33

Ms Claiborn: Do you have any copyrights?

Debtor's Exhibit A

L1 Official interpreter: Do you have any copyrights (in English), what is it called?

L2 Private interpreter: Copyright (in Chinese). L3 Official interpreter: Right, Copyright (in Chinese). L4 Mr. Kwok: Copyright? No. L5 Official interpreter: No. L6 Ms Claiborn: Do you have any intellectual property of any kind? L7 Official interpreter: Do you have any intelligence kind of… L8 Private interpreter: Intellectual property (in Chinese). L9 Official interpreter: Right, Intellectual Property (in Chinese). Do you have any L10 Intellectual Property Right? L11 Mr. Kwok: Intellectual Property Right? No. L12 Official interpreter: No.

L13

L1 Mr. Baldiga: Excuse me. Holley, I'm not sure if you're going to come back to it,

but there is a reference to the \$12,000

L12 Ms. Claiborn: I did see that. L13 Mr. Baldiga: Oh, you said he did not disclose it. L14 Ms. Claiborn: He did not. It's not in response to the questions on Schedule A-B. L15 Mr. Baldiga: It's right there.

L16 L17 Ms. Claiborn: We can disagree about whether or not it's disclosed. I understand you

might take a different position.

L18 L19 Official interpreter: He

said here was the \$12000. But Holley did not think it was reported and everyone has their own position.

L20

L21 Ms Claiborn: Mr. Kwok, do you own any interest in a company called Ace Decade Holdings Limited?

L22

L23 Official interpreter: She said, do you have any interest in a company called Ace Decade Holdings Limited? L24 Mr. Kwok: Yes. L25 Official interpreter: Yes.

L26

L27 Ms Claiborn: What is the nature of your ownership interest in Ace Decade Holdings Limited? L28 Official interpreter: Your interest in there is what kind of interest? L29 Mr. Kwok: I have the interest to make a claim to the UBS

\$500 million

litigation.

L30

L31 Official interpreter: So I have the interest and ask for UBS to pay back \$500 million. That kind of interest. L32 Ms Claiborn: Are you the only legal owner of Ace Decade Holdings Limited?

L33 Official interpreter: Are you the

only, can you repeat the question?

*61*
L34

Ms. Claiborn: Are you the only legal owner of Ace Decade Holdings Limited?

L35

Official interpreter: Are you the only legal owner of Ace Decade Holdings Limited?

L36

Mr. Kwok: I am legally representing the owner.

L37 Official interpreter: I am a legal

representing owner.

L38

Ms Claiborn: Are there any other owners of Ace Decade?

L39

Official interpreter: Are there other owners? Owners of Ace Decade?

L1

Mr. Kwok: No.

L2

Official interpreter: No.

L3

Ms Claiborn: When did you become an owner of Ace Decade Holdings Limited?

L4

Official interpreter: When did you become an owner of Ace Decade Holdings Limited?

L5 Mr. Kwok: At the end of 2014 L6

Official interpreter: At the end of 2014

L7

Ms Claiborn: This is a long question. In your litigation in London against UBS,

L8

Official interpreter: In your litigation in London against UBS,

L9

Ms Claiborn: You are an individual plaintiff.

L10

Official interpreter: You are the only plaintiff.

L11

Ms Claiborn: What is the basis for your claim as an individual plaintiff?

L12

Official interpreter: Why were you the only plaintiff? What was your basis?

L13

Mr. Kwok: Because I am a 100% representative of the company Ace Decade.

L14

Official interpreter: Because I'm the 100% representative for Ace Decade.

L15 Ms Claiborn: In the litigation against UBS in London, L16

Official interpreter: In the litigation against UBS in London,

L17

Ms Claiborn: there is an allegation that Ace Decade gave \$500 million to Dawn L18 State Limited.

L19

Official interpreter: In the litigation, Ace Delegation gave (\$500 million in English, L20 muttering how much is that in Chinese)

the money to Dawn L21 Limited… L22 Mr. Kwok: Dawn State L23 Ms Claiborn: Dawn State L24 Official interpreter: Dawn State L25

Private interpreter: 500 million yuan (in Chinese)

L26

Ms Claiborn: Where did Ace Decade get the \$500 million?

L27

Official interpreter: Where did Ace Decade get the \$500 million?

L28 Mr. Kwok: Loan from our

family.

*61*

L1 Official interpreter: I loan from my family. L2 Ms Claiborn: Did you borrow money from your family and give it to Ace Decade? L3 Official interpreter: Did you borrow the money from your family then give it to Dawn L4 State? L5 Mr. Kwok: Yes L6 Official interpreter: Yes L7 Private interpreter: I don't think, I thought that it was… L8 Ms Claiborn: Let's start over. I don't think it was the question, because it didn't L9 involve Dawn State. So I am going to start over. L10 Private interpreter: Yes… L11 Ms Claiborn: Where did you get the money to give to Ace Decade, the 500 million? L12 Mr. Baldiga: I don't think he said he did that. I think he said his family did that. L13 But you can ask that. But I… L14 Official interpreter: The question is, Ace Decade get the money the 500 L15 million from where? L16 Mr. Kwok: From the family. L17 Official interpreter: From my family. L18 Ms Claiborn: Who specifically in the family gave you the money then you gave to L19 Ace Decade? L20 Official interpreter: Who in your family gave you the money then you gave to Ace L21 Decade? L22 Mr. Kwok: One of the persons called John Way. L23 Official interpreter: John Way? OK. John Way. L24 Ms Claiborn: Who is John Way? L25 Official interpreter: Who is John Way? L26 Mr. Kwok: A member of our family. L27 Official interpreter: A member from my family. L28 Ms Claiborn: Is he a relative of yours? L29 Official interpreter: Is he a relative of yours? L30 Mr. Kwok: A son-in-law of my older brother. L31 Official interpreter: It's my older brother's cousin or – L32 Private interpreter: Son-in-law L33 Official interpreter: Son-in-law, okay. L34 Ms Claiborn: On your Schedule A-B,

L35 Official interpreter: On your Schedule A-B, the tax return,

*63*
*4*
*63*

L1 Ms Claiborn: you listed a possible malpractice claim against Boise Schiller.

L2 Official interpreter: she said, on your Schedule A-B, you stated there was a (sort of

L3 L4 malpractice, what is it) negligence in a case, against the malpractice of

Boise Schiller, the case. L5 Official interpreter: Do you understand? L6 Ms Claiborn: Can you please explain what that is? L7 Official interpreter: Can you explain what that is? L8 Mr. Kwok: He had represented me in New York

suing UBS. A lawyer

L9 representing me.

L10

L11 Official interpreter: He was the one – he was the one represented me in New York to have a lawsuit against UBS.

L12 L13 Mr. Kwok: He, by himself, presented a lot of wrong documents without verifying them with me first

to the Court. L14 Official interpreter: He gave a lot of false documents to the Court and without my L15 permission. L16 Mr. Kwok: And threatened my family members. L17 Official interpreter: He also threatened my family. L18 Mr. Kwok: And after drinking threaten me myself. L19 Official interpreter: He also threaten myself after drinking.

L20 Mr. Kwok: And he brought

huge loss to us.

L21 Official interpreter: He brought

a lot of loss to us.

L22 L23 L24 Mr. Kwok: Including not seriously explain to me about what documents ought to

be presented to the judge, particularly the documents with Chinese and English translations. L25 Official interpreter: Including providing any English/Chinese translated documents

L26 to me before present them to the –

to the lawyer, or to the judge.

L27 Mr. Kwok: That is why we

sued him.

L28 Official interpreter: That's why I –

we sued him. L29 Ms Claiborn: Have you hired an attorney to represent you in that malpractice L30 action? L31 Official interpreter: Have you hired an attorney to sue him in this case of malpractice? L32 Mr. Kwok: My son is dealing with it. L33 Official interpreter: My son is in the process of dealing with it. L34 Ms Claiborn: Why is your son talking to lawyers about your malpractice claim?

L35 Official interpreter: Why

is your son dealing with this malpractice case?

L1

Mr. Kwok: I need to borrow money from him.

L2

Official interpreter: Because I need to borrow money from him.

L3

Ms Claiborn: Has a lawyer been selected?

L4

Official interpreter: Has a lawyer been selected?

L5

Mr. Kwok: Not yet.

L6

Official interpreter: Not yet.

L7

Ms Claiborn: Mr. Kwok, do you own an interest in any company aside from Ace L8 Decade?

L9

Official interpreter: L10 Mr. Kwok, aside from Ace Decade, do you own any interest in other companies?

L11 Mr. Kwok: No. But – I need to say but -- L12 Official interpreter: No. But L13

Mr. Kwok: L14 Bravo Luck under my name just for several months. I held 50% of the

company shares in that

several months.

L15

Official interpreter: Bravo Luck?

L16

Mr. Kwok: Bravo Luck, the holding company of the Sherry Netherland, the L17 apartment in New York.

L18

Official interpreter: Bravo Luck?

L19

Mr. Kwok:

L20 L21 Bravo Luck. Just say the name in English, Bravo Luck. It was the

holding company of the 50% controlling interest

of the apartment in

New York. I held it for a short time, a few months.

L22

Official interpreter: L23 I own the Bravo Luck, the apartment, only for a few months, some of the interest.

L24

Mr. Kwok: L25 After the purchase of the apartment, they

were returned. The interest

was returned to my son.

L26

Official interpreter: After the sale?

L27

Mr. Kwok: L28 Not sell. After the purchase. Because it was my name used in the

purchase

of the apartment. Because it was a co-op. So they

L29 L30 recommended using my name in the purchase. After the purchase, the

controlling interest was returned to my son.

L31

Official interpreter: L32 And because the apartment is a co-op, so they used my name to buy

the apartment after I – after we bought apartment, and then we

L33 returned the stock interest back.

L34

Unidentified speaker: L35 I'm sorry. He must have spoken for 30,

40 seconds. Clearly said more than that. Is there a more fulsome

translation?

L36 Official

interpreter Did I miss anything?

Case 22-50073 Doc 1082-1 Filed 11/11/22 Entered 11/11/22 13:18:26 Page 7 of

L1 Ms Claiborn: Let me see if I can follow up. Mr. Kwok, do you own, currently, an

L2 interest in Bravo Luck?

L3 Official

interpreter: She said, do you own any interest in Bravo Luck now?

L4

Mr. Kwok: No.

L5

Official interpreter: No.

L6

Ms. Claiborn: Mr. Kwok, do you own an interest in any limited liability company?

L7

Official interpreter: Mr. Kwok, do you own any interest in any limited liability company?

L8

Mr. Kwok: No.

L9

Official interpreter: No.

L10 Ms Claiborn: Mr. Kwok, do you currently

own any interest in any partnership?

L11

Official interpreter: Do you own any interest in any of

the (partnership in English?) L12

Private interpreter: Partnership (in Chinese)

L13 Official interpreter: Partnership L14

Mr. Kwok:

L15 L16 Wait. I said no a moment ago. Once I had a big aircraft company "Y Orange" and

another one called "Shiny Time". They closed down now. I had them at one time.

L17

Official interpreter: "Orange"?

L18

Mr. Kwok:

L19 L20 Called "Y Orange". I can't

be sure about the English either. And the one was called "Shiny Time". That was before. They are no longer in my hand.

L21

Official interpreter: L22 I used to own the plane company called the Orange or Shiny Time, but that was before and doesn't exist anymore.

L23

Ms Claiborn: Mr. Kwok, do you currently own an interest in any partnership?

L24

Official interpreter: Do you currently own any interest in partnership companies?

L25

Mr. Kowk: No.

L26

Official interpreter: No.

L27

Ms Claiborn: Mr. Kwok, do you currently own an interest in any joint venture?

L28 Official interpreter: Do you

currently own any interest in any (joint venture?)

L29

Private interpreter: Joint venture (in Chinese)

L30

Official interpreter: Joint venture business.

L31

Mr. Kwok: No.

L32

Official interpreter: No.

L33 Ms

Claiborn: L34 Other than Ace Decade, do you own an interest in any other company right now?

L35 Official interpreter: Apart

from owning Ace Decade, do you also own other companies?

11 8

L1 Mr. Kwok: I once owned Wild Orange and Shiny Time. But not anymore L2 currently. L3 Official interpreter: No. I only owned the Orange and Shiny Time before, but not

L4 right

now.

L5

L6 Ms Claiborn: Does Golden Spring New York have a security interest in any of your litigation?

L7 Official interpreter: Does Golden Spring New York have

any interest in your litigations? L8 Mr. Kwok: I owed them money. L9 Official interpreter: I owed them money.

L10

L11 Ms Claiborn: Have you granted to Golden Spring New York, any interest in any of

your assets, anything that you own

L12 Official interpreter: Did you gift to Golden Spring New York any of your property assets? L13 Mr. Kwok: No. L14 Official interpreter: No.

L15 L16

L17 Ms Claiborn: So if you were to win a lawsuit against Golden Spring –

sorry. Wrong

name. So if you were to win a lawsuit against UBS, would any of the money that you win have to be paid to Golden Spring?

L18

L19 Official interpreter: If you were to win the case against UBS, the money you won,

would

the money need to be paid back to Golden Spring? L20 Mr. Kwok: Yes. L21 Official interpreter: Yes. L22 Ms Claiborn: And how much would that be? L23 Official interpreter: How much would that be? L24 Mr. Kwok: Before it was \$21 million.

Adding now is \$28 million. Roughly

L25 around \$30 million. L26 Official interpreter: Before it was 2200, 1 million?

L27 Private interpreter: 21 million L28 Official interpreter: 21

million?

L29 Official

interpreter: 21 million and plus now. Probably it's about 300 million.

L30 Mr. Kwok: 30 million

L31 Official interpreter: 30 million. Oh, 30 million. Yeah.

L32

L33 Ms Claiborn: Is there a document that says that any litigation winnings you receive need to be paid to Golden Spring? L34 Official interpreter: Is there any document written down

stated that any winning from

L35 other litigations would need to pay back Golden Spring New York?

Case 22-50073 Doc 1082-1 Filed 11/11/22 Entered 11/11/22 13:18:26
L1

Mr. Kwok: Yes.

L2

Official interpreter: Yes.

L3 Ms

Claiborn: What is the name of the document?

L4

Official interpreter: What is the name of the document?

L5

Mr. Kwok:

L6 It would be that in DC, there had been a litigation against a law firm who represented my case of political asylum

application.

L7

Official interpreter: I'm going to ask him to repeat it.

L8

Official interpreter: Can you repeat?

L9

Mr. Kwok:

L10

L11 I had an immigration law firm in DC representing me in my case of

political asylum application. I sued them. There was such

a litigation.

Let's stop here. Next would be the source of money funding that L12 litigation. If that case were won, the money would need to return to

L13 Golden Spring.

L14

Official interpreter: I didn't get it. I just ask him to break it down.

L15 Mr. Kwok: I have a litigation case

in DC.

L16

Official interpreter: I have a case in DC.

L17

Mr. Kwok: L18 It was against a law firm who represented me

in my case of political

asylum in the past.

L19

Official interpreter: There is a attorney office representing me for political asylum.

L20

Mr. Kwok:

L21

L22 The firm was hacked by the Chinese Communist Party. Their office was closed down. They gave my personal information to the Chinese Communist Party.

L23

Official interpreter: And it was attacked by the cyber attack from the Chinese

L24 L25 Communists, and so they – the attorney office was closed, and they

gave my personal information to the communist party.

L26

Mr. Kwok: Then I sued them.

L27 Official interpreter: And then

I sued them.

L28

Mr. Kwok: L29 The money funding the lawyers in this case came from Golden Spring too.

L30

Official interpreter:

L31 And that litigation

fee, attorney fee, came from Golden Spring New York.

L32

Mr. Kwok: If I won the case, I sued them for a claim of \$50 million,

L33 Official interpreter: I asked for a settlement of \$50000, \$50 million if I won the money.

L34

Mr. Kwok: L35 I would need to pay Golden Spring back for the money they funded the litigation.

L36

Official interpreter I will give the money back to Golden Springs for the money they

L37 supported

me for the attorney's fees.

*10* L1 Private interpreter Mr. Kwok did not say settlement. Mr. Kwok only said it was a claim, L2 not settlement. Case 22-50073 Doc 1082-1 Filed 11/11/22 Entered 11/11/22 13:18:26 Page 10 of 11

-END -

I, Una Wilkinson, hereby certify that I, to my knowledge and with the best of my abilities , fully and accurately, translated and transcribed the audio file [1002.mp3] from time marked 1:53:00 to 2:16:51, from Chinese/English into English which appeared from page one to page 10 of this document.

Date: 30 September 2022

Signature of Translator & Transcriber Una Wilkinson Independent Court Certified Per Diem Interpreter in Mandarin and Cantonese New York State Unified Court System Court ID 1000037126

Case 22-50073 Doc 1082-1 Filed 11/11/22 Entered 11/11/22 13:18:26 Page 11 of

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