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

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

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*59 9 9*
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L1
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Ms Claiborn: What is the name of the attorney holding the check?

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L2
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Official interpreter: What is the name of the attorney holding the \$12000 check?

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L3 Mr. Kwok: I am not able to tell
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the full name of the attorney.

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L4
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Official interpreter: I can't pronounce the attorney's name completely.

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L5
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Ms Claiborn: What is the attorney's first name?

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L6 Official
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interpreter: What is the attorney's first name?

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L7
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Mr. Kwok: I am also unable to pronounce it just like that.

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L8 Official interpreter: I cannot – I'm not able to read out the –
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to pronounce his name.

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L9
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Ms Claiborn: Is the attorney who's holding the check the same attorney who L10 represented you in that lawsuit?

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L11
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Official interpreter: Is the attorney who's holding the check the same attorney who L12 represented you in that lawsuit?

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L13
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Mr. Kwok: Could be. L14 Official interpreter: It should be.

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

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L17
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Ms Claiborn: you did not disclose that \$12,000 check.

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L18 Official interpreter: On the
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Schedule A-B, you did not tell the \$12,000 check.

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L19 Mr. Kwok: It did not… L20
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Ms Claiborn: Why?

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L21
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Mr. Baldiga: Wait for the question. No. Can you interpret that?

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L22
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Official interpreter: Wait until she finished the question.

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L23
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Ms Claiborn: Why did you not disclose that \$12,000 check?

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L24
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Official interpreter: Why did you not report the \$12,000 check the money?

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L25
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Mr. Kwok: L26 My attorney thought that since the money was not in my account, I was not allowed to.

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L27
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Official interpreter: L28 My attorney thinks because the money is not in my account, so I'm

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not allowed to –we're not –
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I'm not supposed to disclose that.

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L29
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Ms Claiborn: Okay. Mr. Kwok, do you have any patents?

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L30
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Official interpreter: Mr. Kwok, do you have any patents?

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L31
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Mr. Kwok: Patents? No.

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L32
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Official interpreter: No.

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L33
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Ms Claiborn: Do you have any copyrights?

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Debtor's Exhibit A
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L1 Official interpreter: Do you have any copyrights (in English), what is it called?

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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.

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L13
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L1 Mr. Baldiga: Excuse me. Holley, I'm not sure if you're going to come back to it,

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

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

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L18 L19 Official interpreter: He
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said here was the \$12000. But Holley did not think it was reported and everyone has their own position.

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L20
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L21 Ms Claiborn: Mr. Kwok, do you own any interest in a company called Ace Decade Holdings Limited?

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L22
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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.

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L26
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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

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\$500 million
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litigation.

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L30
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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?

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L33 Official interpreter: Are you the
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only, can you repeat the question?

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*61*
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L34
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Ms. Claiborn: Are you the only legal owner of Ace Decade Holdings Limited?

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L35
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Official interpreter: Are you the only legal owner of Ace Decade Holdings Limited?

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L36
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Mr. Kwok: I am legally representing the owner.

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L37 Official interpreter: I am a legal
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representing owner.

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L38
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Ms Claiborn: Are there any other owners of Ace Decade?

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L39
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Official interpreter: Are there other owners? Owners of Ace Decade?

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L1
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Mr. Kwok: No.

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L2
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Official interpreter: No.

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L3
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Ms Claiborn: When did you become an owner of Ace Decade Holdings Limited?

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L4
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Official interpreter: When did you become an owner of Ace Decade Holdings Limited?

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L5 Mr. Kwok: At the end of 2014 L6
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Official interpreter: At the end of 2014

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L7
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Ms Claiborn: This is a long question. In your litigation in London against UBS,

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L8
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Official interpreter: In your litigation in London against UBS,

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L9
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Ms Claiborn: You are an individual plaintiff.

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L10
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Official interpreter: You are the only plaintiff.

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L11
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Ms Claiborn: What is the basis for your claim as an individual plaintiff?

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L12
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Official interpreter: Why were you the only plaintiff? What was your basis?

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L13
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Mr. Kwok: Because I am a 100% representative of the company Ace Decade.

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L14
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Official interpreter: Because I'm the 100% representative for Ace Decade.

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

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L17
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Ms Claiborn: there is an allegation that Ace Decade gave \$500 million to Dawn L18 State Limited.

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L19
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Official interpreter: In the litigation, Ace Delegation gave (\$500 million in English, L20 muttering how much is that in Chinese)

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the money to Dawn L21 Limited… L22 Mr. Kwok: Dawn State L23 Ms Claiborn: Dawn State L24 Official interpreter: Dawn State L25
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Private interpreter: 500 million yuan (in Chinese)

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L26
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Ms Claiborn: Where did Ace Decade get the \$500 million?

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L27
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Official interpreter: Where did Ace Decade get the \$500 million?

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L28 Mr. Kwok: Loan from our
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family.

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*61*
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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,

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

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*63*
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*4*
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*63*
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L1 Ms Claiborn: you listed a possible malpractice claim against Boise Schiller.

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

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

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suing UBS. A lawyer
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L9 representing me.

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L10
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L11 Official interpreter: He was the one – he was the one represented me in New York to have a lawsuit against UBS.

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

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L20 Mr. Kwok: And he brought
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huge loss to us.

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L21 Official interpreter: He brought
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a lot of loss to us.

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L22 L23 L24 Mr. Kwok: Including not seriously explain to me about what documents ought to
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be presented to the judge, particularly the documents with Chinese and English translations. L25 Official interpreter: Including providing any English/Chinese translated documents

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L26 to me before present them to the –
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to the lawyer, or to the judge.

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L27 Mr. Kwok: That is why we
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sued him.

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L28 Official interpreter: That's why I –
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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?

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L35 Official interpreter: Why
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is your son dealing with this malpractice case?

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L1
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Mr. Kwok: I need to borrow money from him.

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L2
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Official interpreter: Because I need to borrow money from him.

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L3
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Ms Claiborn: Has a lawyer been selected?

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L4
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Official interpreter: Has a lawyer been selected?

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L5
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Mr. Kwok: Not yet.

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L6
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Official interpreter: Not yet.

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L7
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Ms Claiborn: Mr. Kwok, do you own an interest in any company aside from Ace L8 Decade?

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L9
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Official interpreter: L10 Mr. Kwok, aside from Ace Decade, do you own any interest in other companies?

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L11 Mr. Kwok: No. But – I need to say but -- L12 Official interpreter: No. But L13
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Mr. Kwok: L14 Bravo Luck under my name just for several months. I held 50% of the

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company shares in that
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several months.

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L15
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Official interpreter: Bravo Luck?

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L16
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Mr. Kwok: Bravo Luck, the holding company of the Sherry Netherland, the L17 apartment in New York.

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L18
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Official interpreter: Bravo Luck?

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L19
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Mr. Kwok:

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L20 L21 Bravo Luck. Just say the name in English, Bravo Luck. It was the
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holding company of the 50% controlling interest

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of the apartment in
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New York. I held it for a short time, a few months.

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L22
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Official interpreter: L23 I own the Bravo Luck, the apartment, only for a few months, some of the interest.

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L24
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Mr. Kwok: L25 After the purchase of the apartment, they

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were returned. The interest
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was returned to my son.

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L26
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Official interpreter: After the sale?

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L27
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Mr. Kwok: L28 Not sell. After the purchase. Because it was my name used in the

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

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L29 L30 recommended using my name in the purchase. After the purchase, the
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controlling interest was returned to my son.

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L31
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Official interpreter: L32 And because the apartment is a co-op, so they used my name to buy

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the apartment after I – after we bought apartment, and then we
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L33 returned the stock interest back.

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L34
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Unidentified speaker: L35 I'm sorry. He must have spoken for 30,

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

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L36 Official
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interpreter Did I miss anything?

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

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L1 Ms Claiborn: Let me see if I can follow up. Mr. Kwok, do you own, currently, an
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L2 interest in Bravo Luck?

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L3 Official
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interpreter: She said, do you own any interest in Bravo Luck now?

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L4
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Mr. Kwok: No.

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L5
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Official interpreter: No.

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L6
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Ms. Claiborn: Mr. Kwok, do you own an interest in any limited liability company?

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L7
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Official interpreter: Mr. Kwok, do you own any interest in any limited liability company?

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L8
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Mr. Kwok: No.

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L9
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Official interpreter: No.

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L10 Ms Claiborn: Mr. Kwok, do you currently
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own any interest in any partnership?

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L11
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Official interpreter: Do you own any interest in any of

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the (partnership in English?) L12
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Private interpreter: Partnership (in Chinese)

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L13 Official interpreter: Partnership L14
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Mr. Kwok:

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L15 L16 Wait. I said no a moment ago. Once I had a big aircraft company "Y Orange" and
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another one called "Shiny Time". They closed down now. I had them at one time.

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L17
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Official interpreter: "Orange"?

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L18
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Mr. Kwok:

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L19 L20 Called "Y Orange". I can't
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be sure about the English either. And the one was called "Shiny Time". That was before. They are no longer in my hand.

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L21
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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.

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L23
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Ms Claiborn: Mr. Kwok, do you currently own an interest in any partnership?

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L24
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Official interpreter: Do you currently own any interest in partnership companies?

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L25
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Mr. Kowk: No.

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L26
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Official interpreter: No.

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L27
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Ms Claiborn: Mr. Kwok, do you currently own an interest in any joint venture?

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L28 Official interpreter: Do you
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currently own any interest in any (joint venture?)

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L29
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Private interpreter: Joint venture (in Chinese)

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L30
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Official interpreter: Joint venture business.

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L31
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Mr. Kwok: No.

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L32
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Official interpreter: No.

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L33 Ms
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Claiborn: L34 Other than Ace Decade, do you own an interest in any other company right now?

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L35 Official interpreter: Apart
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from owning Ace Decade, do you also own other companies?

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11 8
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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

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L4 right
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now.

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L5
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L6 Ms Claiborn: Does Golden Spring New York have a security interest in any of your litigation?

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L7 Official interpreter: Does Golden Spring New York have
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any interest in your litigations? L8 Mr. Kwok: I owed them money. L9 Official interpreter: I owed them money.

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L10
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L11 Ms Claiborn: Have you granted to Golden Spring New York, any interest in any of

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

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L15 L16
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L17 Ms Claiborn: So if you were to win a lawsuit against Golden Spring –

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sorry. Wrong
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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?

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L18
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L19 Official interpreter: If you were to win the case against UBS, the money you won,

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would
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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.

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Adding now is \$28 million. Roughly
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L25 around \$30 million. L26 Official interpreter: Before it was 2200, 1 million?

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L27 Private interpreter: 21 million L28 Official interpreter: 21
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million?

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L29 Official
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interpreter: 21 million and plus now. Probably it's about 300 million.

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L30 Mr. Kwok: 30 million
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L31 Official interpreter: 30 million. Oh, 30 million. Yeah.

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L32
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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

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stated that any winning from
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L35 other litigations would need to pay back Golden Spring New York?

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

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L2
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Official interpreter: Yes.

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L3 Ms
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Claiborn: What is the name of the document?

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L4
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Official interpreter: What is the name of the document?

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L5
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Mr. Kwok:

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

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L7
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Official interpreter: I'm going to ask him to repeat it.

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L8
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Official interpreter: Can you repeat?

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L9
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Mr. Kwok:

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L10
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L11 I had an immigration law firm in DC representing me in my case of

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political asylum application. I sued them. There was such
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a litigation.

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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
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L13 Golden Spring.

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L14
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Official interpreter: I didn't get it. I just ask him to break it down.

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L15 Mr. Kwok: I have a litigation case
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in DC.

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L16
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Official interpreter: I have a case in DC.

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L17
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Mr. Kwok: L18 It was against a law firm who represented me

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in my case of political
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asylum in the past.

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L19
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Official interpreter: There is a attorney office representing me for political asylum.

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L20
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Mr. Kwok:

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L21
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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.

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L23
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Official interpreter: And it was attacked by the cyber attack from the Chinese

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L24 L25 Communists, and so they – the attorney office was closed, and they
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gave my personal information to the communist party.

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L26
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Mr. Kwok: Then I sued them.

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L27 Official interpreter: And then
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I sued them.

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L28
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Mr. Kwok: L29 The money funding the lawyers in this case came from Golden Spring too.

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L30
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Official interpreter:

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L31 And that litigation
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fee, attorney fee, came from Golden Spring New York.

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L32
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Mr. Kwok: If I won the case, I sued them for a claim of \$50 million,

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

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L34
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Mr. Kwok: L35 I would need to pay Golden Spring back for the money they funded the litigation.

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L36
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Official interpreter I will give the money back to Golden Springs for the money they

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L37 supported
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me for the attorney's fees.

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*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

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-END -
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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.

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Date: 30 September 2022
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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

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

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