--- type: court_doc id: "court_ctb_404_17" court: "CTB" case_no: "22-50073" doc_number: 404 doc_type: "EXHIBIT" filed_date: "2022-05-20" lang: "en" machine_translated: false url: "https://mubeitech.com/en/court/court_ctb_404_17" json_url: "https://mubeitech.com/api/court/court_ctb_404_17" --- # Guo Wengui / Miles Guo — bankruptcy case · EXHIBIT · ECF #404-17 EXHIBIT PAX 17 April 26, 2019 Hearing Transcript, PAX v. Kwok, Index. No. 652077/2017 (N.Y. Sup. Ct.), Dkt. 331 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - CIVIL TERM - PART: 61 2 -------------------------------------------------------x PACIFIC ALLIANCE ASIA, 3 Plaintiff, 4 -against-5 HO WAN KWOK, 6 Defendant. 7 --------------------------------------------~----------X Index No. 652077-2017 60 Centre Street 8 New York, New York April 26, 2019 9 10 B E FOR E: 11 HONORABLE BARRY R. OSTRAGER, Justice 12 13 APPEARANCES: 14 O'MELVENY & MYERS LLP Attorneys for the Plaintiff 15 7 Times Square New York, New York 10036 16 BY: EDWARD MOSS, ESQ. STUART SARNOFF, ESQ.' 17 GARO HOPLAMAZIAN, ESQ. 18 HODGSON RUSS Attorneys for the Defendant 19 605 Third Avenue, Suite 2300 New York, New York 10158 20 BY: JILLIAN MARIE SEARLES, ESQ. MARK A. HARMON, ESQ. 21 22 23 1 24 25 Lisa A. Casey Offic~al Court Reporter I FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 2 of 126 FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 3 of 126 Proceedings -------,----------- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CLERK: This is index number 652071 of 2017 in the matter of ~acific Alliance Asia versus Ho Wan Kwok. Counsel, please note your appearances for the record. THE COURT: Okay. I was previously to~d that you needed an hour to set up this morning, but hlpPilY it only took you no time to set up, so let's probeed. MR. MOSS: Yes, your Honor. Thank you. Good morning. THE CLERK: please note your appearances, counsel. MR. MOSS: Good morning, your Honor. ['m Edward Moss from O'Melveny, for the plaintiff. MR. SARNOFF: Stuart Sarnoff from O'Me~veny for the plaintiff. MR. HOPLAMAZIAN: Garo Hoplamazian from O'Melveny for the plaintiff. MS. SEARLES: Jillian Searles, Hodgson Russ, for the defendant. MR. HARMON: Gdod morning, your Honor. Mark Harmon, Hodgson Russ. THE COURT: Welcome. MR. MOSS: Thank you, your Honor. Gooa morning. I know that the attachment issues have been Lisa A. Casey - Official Court Reporter FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 4 of 126 Proceedings -- - -\_.\_-----------------,---------- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fully briefed several times, and I know your Honfr is familiar, so I'm going to move through my remarks quickly. THE COURT: Let's put, on the record, everything that the parties have stipulated to, and identify the issues to be tried this morning, on the record. MR. MOSS: Sure. And that's actually in my opening remarks, your Honor. THE COURT: All right. MR. MOSS: But I will start with that. (Whereupon, an exhibit was displayed to the Court. ) MR. MOSS: Your Honor, I was going to start by rev~ew~ng " wh'at we are try~ng ,. tod*ay,* and a1so prov~I'de a short overview of the four witnesses you will heir from. The first issue is the attachment standard, 6201f2). The parties have stipulated to the first three elements: Cause of action; probability of success; and tha~ the amount demanded from 'the defendant exceeds all klown counterclaims, so we are here -- the first issue here we are from, the attachment issue, is whether or nott there's a grounds for attachment under 6201(3), lnd under 6201(3), that requires us to establish thaJ Mr. Kwok was acting with the intent to defraud cJeditors I FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 5 of 126 Proceedings or frustrate a potential judgment in this case in his various attempts to put the apartment out of our reach, and there have been many of those. The following slide, this has support our evidence for why we meet the the cases that I legal standard on intent. I thought it would be useful for you to have this handy, but I'm not going to waste time on it. This has our evidence, and the evidencl that we will prove today. This is the evidence that Le featured in our briefing, and we'll prove it. I won't go through it now, but I thought it would be helpful to have it issue by issue, in addition to witness b~ witness. I will go through it witness by witnesk. 16 17 18 19 The second ~ssue , we are here to prove asI" ve~l I piercing. Veil piercing has two elements. Complete I domination and control, and abuse of the corporate form. I don't think there's a serious dispute about thl first one; and the second one, the intent problem will be the focus of our proof today. 20 21 22 Here are the cases that support why our ev~'dence meets the standar.d Aga~n,' th'"~s ~sJust I for your reference, your Honor, so that you have the~. 23 24 25 I just want to pause on one thing on t~e two standards, the veil piercing standard and the atJachment d d ' h " 1 stan ar. Ne~t er requ~res us to prove fraud. For the I FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 6 of 126 Proceedings Mr. Kwok's translator and assistant. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 first, intent to frustrate a judgment is SUffiCijnt. For the second, the cases say inequity, malfeasance or wrongdoing as to our client is enough. To be clear, your Honor, we are going to prove fraud today. My point is that it's not required for us to do that. This is the veil piercing evidence, same veil piercing evidence we talked about in our brief. It's the veil piercing evidence that we are going to prove up today, and now I'm going to tell you about the fbur witnesses, briefly, and what they are going to tlstifY to today. Ms. Wang will be the first. Ms. Wang is Her testimLny will I demonstrate that in an effort to avoid the attachment, . I Mr. Kwok has gone so far as to suborn perJury. Ms. Want submitted an affidavit. It is Mr. Kwok's princi1al evidence opposing our prior attachment motion. ~hat's . I what he relied on, and she swore to facts about which she had absolutely no knowledge. Zero knowledge. We'll prove that today. Ms. Wang, will also confirm that Mr. Kwok was not telling the truth about two key issues. Number one, his pledges of the apartment, and remember I ' encumbrance is part of the standard under the CPLR. I Number two, the efforts to sell. I'm sure Mr. Harmon is I NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Proceedings going to say what could be more public in the w~ole .world; right? You put this expensive apartment rn the market. Well, if he did, then why is he denying the fact that he received an offer in counter? 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 Next up is Mr. Ullman. Mr. Ullman is the' Sherry-Netherland Executive vice President and cia' He will testify that during the approval process, M~. Kwok showed the Sherry-Netherland no assets in the u.l. and no assets in his own name. That's never happene6 at the 11' .f h' . I hotel. Mr. U man w~ll also test~ y t at us~ng rwo LLC's, a foreign LLC on top of a'New York LLC, tr buy an apartment in that building, which is exactly whar Mr. Kwok said he did, has never happened before it the hotel either, and because of this, Mr. Ullman wiQl explain that the. Sherry-Netherland put in unprecldented safeguards, like the biggest security deposit evlr, because they were very concerned, based on the structure, that if Mr. Kwok defaulted on his monthly obligations, they would have to chase him across the globe, and he was showing no assets. 21 22 23 24 25 We respectfully submit that we are similarly situated. We are going to get a judgment here, lnd we need similar safeguards attached for the same relsons. I Mr. Ullman will also testify that Mr. Kwok tried to assign, transfer, the apartment to a trLst in I Lisa A. Casey - Official Court Reporter Proceedings his son's name. Mr. Kwok denies having any memory of I that. Secrecy and asset transfer is something that helps us meet the standard. Since Mr. Kwok denibs it, we have Mr. Ullman here to talk about it, and thlre's documentary evidence. 6 7 8 9 10 11 12 13 14 15 Finally, Mr. Ullman will also testify about misrepresentations that Mr. Kwok and his represehtatives made to the Sherry-Netherland about the pledges. They represented to you that the apartment was pledgea. They had a big problem, because that breached their lbase . I agreement with the Sherry-Netherland, so when the Sherry-Netherland saw their papers and said, Heyl you pledged the apartment they said, No, no. We nevlr told , h b ' d,l Just~ce Ostrager t at. You must e m~srea ~ng our papers. False. We'll prove it. 16 Mr. Horvitz is next. Mr. Horvitz will testify 17 18 briefly by video. board president. He's the Sherry-Netherland CE0 and He lives in Cleveland. We depised him 19 20 21 22 23 24 25 there two weeks ago. He reviewed the financial information that Mr. Kwok provided to the Sherry-Netherland to induce the hotel to approve his application, and Mr. Horvitz relied on that financial information in recommending the board approval. That information included financials of two companies Mr. Kwok said he owned. FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 9 of Proceedings ------------------------.--------- NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 1 2 3 4 5 6 7 8 9 10 11 12 13 As you will see, your Honor, we showed Mr. Horvitz Mr. Kwok's deposition testimony, just the publicly available excerpts, where Mr. Kwok denibd having any ownership interests in those entities that he told the Sherry-Netherland he owned. His testimony directly contradicted what he told the Sherry-Netherland, and as the person to whom the misrepresentations were made, Mr. Horvitz will tell you h k h b . . I t at Mr. Kwo must ave een m~srepresent~ng to someone. He either lied at his deposition, or he defraude~ the Sherry-Netherland. There is no third option. Ahd Mr. Horvitz, your Honor, not I, actually used thl word defrauded. 14 15 Finally, Mr. Kwok dominates we'll have Mr. Kwok. We'll show that and controls the Genever entihies. 16 17 18 19 20 21 22 23 24 25 We'll show that he made repeated and significant misrepresentations to the Court in an effort to defeat the attachment motion; we'll show that he made mlterial misrepresentations to the Sherry-Netherland to ihduce it I to allow him to purchase; and we'll show that the money for the apartment may well have come from the shill company that is responsible for paying the debt ~o our client, that Mr. Kwok unconditionally guaranteedl It certainly didn't come from Genever, which was thi supposed purchaser. Importantly, your Honor, we are Lisa A. Casey - Official Court Reporter Proceedings NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 ----------------------,--------- going to demonstrate that Mr. Kwok will not and cannot pay a judgment in this case without an attachmenl. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Now, we have teed up a few short clips for the opening, about seven minutes in total, of testimony that I would like to play from Mr. Kwok's deposition, which we.'re entitled to do under CPLR 3117 (a) (2): "The deposition testimony of a party may be used for lny purpose by any party who was adversely interestek when h 0 '" Tho 0 0 t l t e test~mony was g~ven. ~s ~s ~mportant tes ~mony, . your Honor, with an important purpose: Mr. Kwok will be here later -- he is here now -- and he will be on his best behavior in the public courtroom, but that' slnot what happened at the deposition. Your Honor, Mrl Kwok was evasive, he made a mockery of the proCeedingl and we I prepared the video, and we are entitled to show it so that the Court can see what we are really dealin~ with here. 18 19 20 21 22 23 New York caselaw makes clear that evasiveness and misrepresenta~ions throughout Court proceedibgs is a I factor the court can consider, and after seeing this, I think the Court will agree that it's hard to ima~ine I stronger, more direct and significant evidence of evasiveness. 24 25 Mr. Kwok has filed 17 or so lawsuits since he's been in this country. He knows exactly how the FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 11 of 126 Proceedings 1　legal process works, and he cooperates when he is the 2　plaintiff, but you need to see what he does whei we are 3　asking him questions and he is the defendant. We'll 4　play the clips. 5　This is the first clip. I asked Mr. Kwok 6　he told me he didn't communicate by email, so I laid, 7　did you search text messages to try to respond tL our 8　request in this case? And this is how he answerld me. 9　(Video tape played.) 10　MR. MOSS: I also tried to ask Mr. Kwok some 11　basic questions. There were significant scoping 12　objections, and they wouldn't let me ask any questions 13　about the merits, and so I was trying to understlnd that 14　he understood we were here to talk about the attlchment 15　I issues, and here is what happened when I asked that 16　question. 17　(Video tape played.") 18　MR. MOSS: One of the topics they did !let me 19　I ask about was the Genever entities, the two shel!l. 20　entities that Kwok set up to buy the apartment. He owns 21　and controls those two entities, and he was also the 22　corporate representative for both, so if for some reason 23　" I he didn't know anything about the entities that he 24　himself set up -- which of course he did, becausl they 25　I are him, he is they -- he had a duty to educate himself Lisa A. Casey - Official Court Reporter I FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 12 of 126 Proceedings about that, and here is what happened when I asked him simple questions on those topics. (Video tape played.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 MR. MOSS: Your Honor, we talked brief[y, in our briefs -- excuse me, we talked extensively ib our briefs about counsel's instructions. to Mr. Kwok fO not answer questions at the deposition that were plaQnly relevant. The standard is whether he intends to frustrate the judgment. I asked him, will you pay if Court orders a judgment, and they instructed him not to answer that question. There was no agreement to not answer questions like that. It was completely inappropriate. It's terrible for them. They fought me to not play it for you today, so I'm not going tl play it, to avoid the fight, but I think you do need bo see that there were many times during the deposition where Mr. Kwok just refused to answer on his own without, even, an instruction, inappropriate or not. (Video tape played.) 20 21 22 23 24 25 MR. MOSS: Finally, your Honor, the last one, I on the prior attachment motion we quoted a YouTube d ' , d' l' I au 10. It was Just an au 10 c 1p on YouTube that had a , " ,I capt10n saY1ng 1t was Mr. Kwok's V01ce, and Mr. Kwok I supposedly was instructing his associates to seli certain assets quickly and quietly. They killed us in Lisa A. Casey - Official Court Reporter FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 13 of 126 Proceedings 1　their opposition papers. They took to us to task. They 2　said PAX doesn't even know whether that's Mr. KwbklS 3　voice. They don't know whether or not this is 4　authentic. So I thought maybe in his deposition, I 5　would ask him. I played the audio and asked him, Hey, 6　is that you? Since they disputed authenticity, [ 7　thought it was a pretty fair question. And here is what 8　happened then. 9　(Video tape played.) 10　MR. MOSS: Thank you, your Honor. We iook 11　forward to putting our case on today. 12　MR. HARMON: Good morning, your Honor. 13　So the.first question that you asked was what 14　we agreed to, what we stipulated to, and just to be 15　clear, we did stipulate that for the purposes of this 16　motion, that the defendants do not have to prove that 17　they're likely to succeed on the merits. We have also 18　stipulated on a number of exhibits that have beeh 19　presented in a book to you. There are some we hive 20　I objections, but there are a passel of exhibits tfat we 21　have stipulated are authentic and relevant and should be 22　I admitted into evidence We have stipulated as to 23　various transcripts and portions of transcripts, and of 24　course we also have disagreement about the trans€ript 25　readings and the exhibits, which we can get to dlring I I Proceedings 1 the hearing. 2 But your Honor, I don't have a multi-media 3 presentation. I haven't diced the transcript or the 4 testimony of the depositions in order to provide you clips that sound good. We have presented to you~ Honor the transcripts; their designated readings, our bross , I, designations, for completeness, and I would ask fhat your Honor, after the hearing today, read those [or the 9 full context. I think one of the prime examples is the last clip that you saw, where they say that Mr. Kwok put his fingers in his ears and refused to talk aboub it, to answer the question, but if you read the whole akswer what he is saying is, I challenge it toauthentibity. This is not real. Tell me. Show me that this ib my , , I voice. I don't believe it. Don't play me somebody I else's voice. So that's really all that I have to say 17 about that. 18 I have read with care, I believe, your Honor's 19 20 21 admonitions, expressions of what evidence you want to hear at hearing. This the third time that we arl before your Honor on the attachment motion, and I hope !hat the the evidence that they have 1n. t h'e1r two mot10ns; . t,.at 1 at today, we are going to ~ear some point, at some time already submitted to you today's presentation by plaintiffs will not just ,be a regurgitation of all of 22 24 23 25 Lisa A. Casey - Official Court Reporter Proceedings NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 answers to the questions that you have raised abrut Mr. Kwok's intent in purchasing the apartment, and efforts to sell the apartment, why that's happening, and why that's no longer happening. The plaintiff's asked us if we would agree to accept a subpoena from Mr. Kwok to be here. today, and we said that isn't necessary. We will have Mr Kwok here ans 'wer alny , and Mr. Kwok will appear voluntarily and questions you have from the witness stand that wl don't object to and which you don't sustain, and you cln hear I from Mr. Kwok exactly why he bought the apartment and what he has done with the apartment, and your Hohor, if the plaintiffs don't ask Mr. Kwok those questionb, I will. 15 16 17 18 19 20 21 22 23 24 Mr. Kwok is not an American Citizen. Mr. Kwok did not grow up in the United States. Mr. Kwok krew up in China, in Hong Kong. He is here seeking aSYlhm from the Chinese Government. He has been the SUbject[ he and his family, his extended family in China, have blen the subject of extensive efforts by the Chinese commtnist , '1 h I Government to )a1 t em, abuse them, challenge them, because the communist government does not like wlat Mr. Kwok has to say about corruption and freedom in China. 25 We have a language barrier here. Mr. Kwok I Proceedings NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 does not read English, and one the exhibits that has been submitted to you on consent is the contract of sale to purchase the apartment in the Sherry-Netherland. I . It's in English. It's not signed by Mr. Kwok, because I . he can't read English. He doesn't understand, or didn't . I understand, coming to this country, the concept of cooperative ownership, and his understanding of ownership is based upon his years and years business developer in China. That's how he the concept of family and ownership. of bjing a understands 11 You can ask him a question of the 12 13 14 15 16 17 18 19 20 understanding of what u.S. -- what Americans think about ownership, and you can translate that to him and you can get his answer back, and it will be in English, and you've got a great sound bite, but what I would iSk your . I Honor to do is to recognize, when Mr. Kwok testifies, that there is not just a language issue, but thele is also a cultural issue here that needs to be undelstood in the context of what Mr. Kwok has said, and whit he has done. 21 22 23 24 25 We didn't bring discovery issues to yom before the hearing, and I don't believe this is the pro~er time to raise discovery issues. If there were proble~s with the way we handled objections, or we handled the production of documents, we should have handled trhat in I Proceedings 1 2 3 a meet and confer, resolving it discovery issues. We didn't do what you are going to hear today with the Court on that. So I belilve that from the Plaintlffs, 4 5 6 7 8 based on this presentation, is a reiteration and re-introduction of everything that they have already said twice, in two sets of motions. I hope that that's not going to be what we do today. I hope we are going to get to some real evidence that addresses the 9 10 11 questions that your Honor, that if the their case, I will Honor has, and I tell you, your 1 . . d . I p a~nt~ffs don't 0 ~t as part of ask Mr. Kwok on my opportunit~ to 12 13 15 16 cross examine him. Thank you. MR. MOSS: Your Honor, to a couple, very, very briefly. evidence, you asked us -- I just want to respond First, in terml of the 17 18 19 20 21 . 22 23 24 25 THE COURT: We should just proceed with the testimony. MR. MOSS: Let's go. Perfect. Thank you, your Honor. . THE COURT: We argued motions twice before. MR. MOSS: Fair enough, your Honor .. wl call our first witness, Yvette Wang. Lisa A. Casey - Official Court Reporter FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 18 of 126 by Wang. for Plaintiff - Direct Moss 1　Y A N PIN G WAN G, having been duly sworn by the 2　clerk, was examined and testified as follows: 3　THE CLERK: In a loud, clear voice, please 4　state your full name and address. 5　THE WITNESS: My name is Wang, Yan Ping. My 6　address is 22D East 57th Street, New York, N~W York. 7　THE CLERK: Thank you. Be seated. 8　I THE WITNESS: Thank you, sir. 9　THE COURT OFFICER: The witness is sworn, your 10　Honor. 11　MR. MOSS: Your Honor, I have a copy of 12　Ms. Wang's deposition transit. Is it okay if I lpproach 13　and provide it to her? 14　Thank you. 15　(Whereupon, a document was handed to the 16　witness. ) 17　DIRECT EXAMINATION 18　BY MR. MOSS: 19　Ms. Wang, you work for Mr. Kwok; right? Q 20　A I work for whole family. 21　Mr. Kwok's family? Q 22　A No. Guo Family. G-U-O. 23　What's Mr. Kwok's name? Q 24　A Kwok Ho Wan. 25　Guo; right? The same Guo, the .family name? Q Lisa A. Casey - Official Court Reporter 18 Wang - for Plaintiff - Direct by Moss 1 A He is family. His name is Kwok, K-W-O-K. His 2 family is, Guo, G-U-O. 3 Q Do you dispute that you work for Mr. Kwok's family 4 5 6 7 businesses? A Let me explain. Mr. Guo, Guo Family, his family has more than hundred people, including his seven -- ~ I believe total, including himself -- seven brothers, and they 8 have their different, like, family, small family. So 9 totally, together, there are more than one hundred people in 10 the family. So this family, different family member, they 11 have their different parts in the family business. So I work 12 for the whole family. 13 14 15 Q A Q One of the members of the family is Mr. Kwok? Yeah. He is one of the family member. You worked for Mr. Kwok's family companies in Hong 16 Kong; right? 17 l8 A Q Yes. since February 2018, you work for one of his family 19 companies in New York; right? 20 A Yes. 21 22 Q So, since 2009, so for the had no other employer other than the last 10 years, y0u have Guo Family; righ~? 23 24 A Q Correct. I would like to talk about Mr. Kwok's efforts to 25 sell the apartment. Up until recently, you know that Lisa A. Casey - Official Court Reporter 126 Wang - for Plaintiff - Direct by Moss 1 Mr. Kwok's broker was Kathy Sloane; right? 19 2 3 A Q Correct. You, on behalf of Mr. Kwok, had discussions with 4 5 6 7 8 9 10 12 Ms. Sloane about selling the apartment; right? A Let me correct. I am the contact person berween Mr. Kwok and Ms. Kathy Sloane, because Mr. Kwok, he dies not read and write English at all, so that's why Ms. KathV Sloane, a lot of time, reach out to me asking me to sknd her message to Mr. Kwok, and then because Mr. Kwok, he dols not write and read English, so I have to translate for hil and put his message, like, translate into English, and sehd back to Ms. Kathy Sloane. 13 14 Q A Understood. Thank you for the clarification. Thank you. 15 16 17 Q And sometimes you have exchanged emails with . I Ms. Wang on -- excuse me, w~th Ms. Sloane on behalf of Mr. Kwok about efforts to sell the apartment; right? 18 19 20 A Correct. MR. MOSS: If I may, your Honor? (Whereupon, a document was handed to tme 21 22 23 24 witness. ) (Whereupon, an exhibit was displayed to the Court. ) MR. MOSS: PX 17, which in evidence. 25 Q Ms. Wang, this is an email from Ms. Sloane ~n I Lisa A. Casey - Official Court Reporter FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 21 of Wang - for Plaintiff - Direct by Moss　20 1　November of 2016; right? 2　Correct. A 3　There's an email address, Yvette Wong, or Q 4　Yvette.yue423 at GMail; right? 5　Correct. A 6　That's your email. address? Q 7　A It was my email address, but now I cannot get　in 8　there because my a lot email address, they were　habked by 9　Chinese Communist Party, so I do not have access any　lore. 10　Sorry. 11　Excuse me. I'm sorry for almost cutting you Q　off. 12　At the time, this was your email address? 13　A Correct. 14　And you sent and received these emails? Q 15　Correct. A 16　I would like to direct your attention to the Q　"Dear 17　Miles" email on the bottom of the page. 18　It says, "I have been giving a lot of thought　to 19　the offer that --" name redacted "-- that someone has　put 20　forward for your apartment at the Sherry-Netherland." 21　Do you see that? 22　Yes. A 23　In or around this time, someone had put forth Q　an. 24　offer on the apartment; right? 25　From the email. Yes. A Lisa A. Casey - Official Court Reporter FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 22 of 126 > 21 Wang - for Plaintiff - Direct by Moss 1 2 3 Q Well, you knew that. That email refreshed ¥our recollection that there was a \$60 million offer on thb table; right? 4 A Correct. 5 6 7 Q It says, "I'm sensitive to the fact that you have aIready rnade a very s~gn~ ' 'f'~cant concess~on'h w en you agree I d to I counter at 67 million;" right? I read that correctly? 8 9 A Q This is from Ms. Kathy Sloane, her email. Right. And what she was saying was that Mr. Kwok 10 countered the offer; right? You know that? 11 12 A Q I don't know about this. You don't know whether or not Mr. Kwok countered 13 the offer? 14 A Correct. 15 16 Q Okay. And she said, at the top, please read to this Miles at your earliest "Dear Yvette, conveniencl." Do 17 you see that? 18 Do you see that portion, "Dear Yvette, please read 19 this to Mil<;!sat your earliest convenience"? 20 21 A Q Which page? See that portion, "Please read this to Miles at 22 your earliest convenience"? 23 24 25 A Q A Yes. I saw this. And Miles is Mr. Kwok; right? Correct. Lisa A. Casey - Official Court Reporter INDEX NO. 652077/2017 FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM NYSCEF DOC. NO. 331　Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 23 of RECEIVED NYSCEF: 05/08/2019 Wang - for Plaintiff - Direct by Moss 1　You read it to him; right? Q 2　Yes, I did. A 3　And I want to be very, very clear about this for. Q 4　I the Court, this one. Mr. Kwok knew about this \$60 mi~lion 5　offer; right? 6　Yes. A 7　You have no doubt about that; right? Q 8　A Mr. Kwok knew that from Ms. Kathy Sloane, and this 9　is why I say I do not know, because this is, I gathertd some 10　information, or obtained information, which means either 11　Ms. Kathy Sloane told me, or emailed me. Then I saw hhe 12　email. I said, Oh, okay There is an offer, like thts way. 13　Or Mr. Kwok told me. So that's why, when both of them 14　d'1SCUSS , there, th"1S gatI h'ered or ment1on, I was not so 1S my 15　of obtained information, not my personal information. So 16　this is.not my personal information. 17 18 When you ask me, do you know I'm just a messenger between these two 19 have that personal information. I just gathered that 20 information from either Ms. Kathy Sloane or Mr. Kwok. I'm 21 just a messenger. 22 23 Q Right. You passed the the \$60 million offer that Kathy message to Mr. Kwok about I Sloane told you about. 24 25 A Q I did. Right. And Mr. Kwok knew about the offer. FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM　INDEX NO. 652077/2017 Case 22-50073 NYSCEF DOC. NO. 331　Doc 404-17　Filed 05/20/22 126　Entered 05/20/22 11:52:18　Page 24 of RECEIVED NYSCEF: 05/08/2019 23 Wang - for Plaintiff - Direct by Moss witness. ) Court. ) (Whereupon, an exhibit was displayed to the MS. SEARLES: There are actually a few key Lisa A. Casey - Official Court Reporter In this case? Yes. Correct. You know you submitted an affidavit in this case? Yes. Q A MR. MOSS: Your Honor, it's not in evimence. They have an objection to it. I offer it. It's not for the.truth. A Q A MR~ MOSS: This is PX 34. Q This is your affidavit; right, Ms. Wang? A Correct. Q You did that on behalf of Mr. Kwok; right? A I did that on behalf of Golden Spring New York and the Guo Family, yes. Q Well, you did that in support of Mr. Kwok's opposition to our motion to attach his apartment. A Yes. Q Right? A Yes. Q Let's take a look at the affidavit. (Whereupon, a document was handed to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Wang - for Plaintiff - Direct by Moss NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 issues with this particular exhibit. One of the exhibits, exhibit C to it, is subject to a stipu~ation on the merits, and we have had an ongoing discuslion with respect to the pledge issue. Your Honor make clear that the pledge had nothing to do with whether ol not attachment would be had; it just had to do with priority. I have no problem with them using impeachment. It's obviously in front of the a pleading, but I don't think it is a proper be admitted into evidence. That's the issue have. this as I , Court, J.t's exhl'b' iL J.tto I that I MR. MOSS: Your Honor, it sounds like a 12 13 relevance objection, which, I think I your Honor can take 14 15 16 17 18 19 20 21 22 23 24 25 it for what it's worth. It's obviously in front of the Court. We can pause on the pledge for one issue, because I think that's going to come up a lot tohay. The pledges, 6201(3) talks about encumbering an lsset I with an intent to frustrate a judgment. The casjs say that a pledge is an encumbrance. They put this issue in front of you. They said, We pledged it, so you ban't attach it. You denied that argument, because thlt's a f " b h ' . I matter 0 prJ.orJ.ty, ut t ey're trYJ.ng to tWJ.st that rule and say the pledges are off the table, and !hey are not relevant for this. It's in the CPLR, and thl misrepresentations about the pledges go straight to the FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 26 of 126 > 25 Wang - for Plaintiff - Direct by Moss 1 2 3 4 5 6 7 8 9 10 11 fraudulent intent, so it couldn't be more relevant. It's evidence they put in front of her. THE COURT: You have a witness on the ritness stand. You can ask the witness any questions you want to ask the witness. To the extent that the witnbss has .. . h" . I . h g~ven pr~or to sworn test~mony t at ~s ~ncons~stent w~t the testimony that she lives gives today, you cah use the affidavit for impeachment purposes, so there's really no need to introduce the affidavit as evidence, because she is here. You can ask her anything ybu want. THE WITNESS: Thank you. 12 13 14 Q A Q Let's take look at the affidavit, Ms. Wang. Yes. You submitted the affidavit in support of the 15 opposition to the attachment motion; right? 16 17 18 19 A Q A Q Correct. You understood this was a legal document? Yes, I do. You understood it was being used in a legal 20 proceeding? 21 22 A Q Yes, I do. And you knew it was going to be submitted here in 23 Supreme Court to Justice Ostrager; right? 24 A Yes. I learn that. I'm still learning. . 25 Q You understood that this wasn't just a casual I Lisa A. Casey - Official Court Reporter FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 27 of 25 affidavit; right? 24 have any personal knowledge of the statements in the Wang - for Plaintiff - Direct by Moss 1　A This affidavit was drafted by attorney, so a lot of 2　information, what I can see, because I am here, the 3　administrator and President of Golden Spring New York, the 4　administrator, which I knew that I am the documents or 5　I . information gather people. I try collect the documents, get 6　information. So all of this information in here, the~'re not 7　I my personal knowledge, because I was not involved in any of 8　the things in here, so I'm trying to help to gather 9　information and documents from different people. 10　Q Ms. Wang, you sworn to the Court that Mr. Kwok 11　I owned the apartment; right? And he owned it through another 12　entity; right? 13　SEARLES: MS. Objection. Leading. 14　THE COURT: That's overruled. 15　THE COURT OFFICER: You can answer. 16　THE WITNESS: I can answer. Okay. 17　A In this affidavit, swear, yes. I yes. 18　And you don't know if Mr. Kwok owns the apartment Q 19　or not; right? 20　A When you say I don't know, I don't understand, 21　you're talking about my personal knowledge? Which I hon't 22　know, because personally, when this apartment was purlhased, 23　or happened afterwards, especially when it was purchabed, I 24　was not in the U.S. and I did not involve, handle, 25　communicate or negotiate, attend any meeting at all. So I do Lisa A. Casey - Official Court Reporter FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 29 of 126 Wang - for Plaintiff - Direct by Moss 1　not have any personal knowledge about that. This all, is I 2　when I was requested, I have to start to ask the peopll.e; 3　gather information; collect information from other pebple. 4　MR. MOSS: Let's play the deposition. 5　(Video tape played.) 6　You never saw a single paper about the ownership of Q 7　the apartment;. right? 8　I did saw paper about this ownership since this A 9　case started. So the attorney asked my help .to go to look 10　for documents. I did see some documents. 11　(Whereupon, an exhibit was displayed to the 12　Court. ) 13　THE COURT: Look, without the slide, you're 14　i going to ask her if she knows whether Mr. Kwok oLns the 15　If I h apartment. She either does or she doesn't. e says 16　she doesn't know, and she previously swore that he did 17　own the apartment, then you can impeach her. If she 18　says that he doesn't own the apartment, and she 19　previously sworn that he does own the apartment, then 20　you can impeach her, but all we are doing now is 21　eliciting her testimony. 22　Ms. Wang, you just testified that you did n0t know Q 23　I that Mr. Kwok owned the apartment, and I'm going to direct 24　your attention to paragraph two of your affidavit. 25　MS. SEARLES: Objection. That misstates her I Lisa A. Casey - Official Court Reporter NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 30 of testimony. Wang - for Plaintiff - Direct by Moss THE COURT: Okay. Look ,.do you know whether Mr. Kwok owns the apartment? Yes or no. THE WITNESS: Yes, sir. THE COURT: And does he own the apartment? THE WITNESS: I heard, still. I heard, and via a different entity, and different entity own the apartment, and he owns, like, different entity. This is what I learned from the whole document. THE COURT: You have no personal knowledge -- THE WITNESS: No. THE COURT: -- one way or the other? FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 126 THE WITNESS: No, your Honor. Yeah. 16 17 18 Q Ms. Wang, do I have it right that you just said you did see papers about the ownership of the apartment? A Correct. THE COURT: Okay. Go ahead. Q Take a look at your deposition, page 78. 20 21 22 23 24 25 THE COURT: That's not how we do this. We have lots of motion papers. If you are going to use a deposition for impeachment, you say, Do you recall being deposed, Do you recall being asked the following questions and giving the following answers, and that comes into the record, and if it constitutes NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 31 of 30 Wang - for Plaintiff - Direct by Moss 1 impeachment, I'll take pote of that. If it's of no 2 moment, I'll ignore it. 3 Q Ms. Wang, do you recall that I deposed you? 4 A Yes. That was you, sir. 5 Q I'm going to read: 6 "Question: Who do you think of as the owner 7 of the apartment? 8 "Answer: I don't know, because I never see 9 any paper in front of me, so I don't know. It's all I 10 heard from him, but -I don't know." 11 Do you recall being asked that question and giving 12 that answer? 13 A Yes, I did. 14 Q Any statement you made about the apartment's 15 ownership would just be a guess; right? A have personal information; okay? deposed by you, sir, I was .super nervous. time sit in front of your Honor and this Court. Let me explain, sir. So all the information about I this apartment, which is my gathered information, I do not I So second, when I was I I have to say, I even now, I'm still very nervous, because this is my first So wLen I I was deposed by you, sir, I was very nervous, and my memory somehow come into, like, a blank, totally blank. ver~ - . I important is that English is not even my second language. My first language is Chinese Mandarin, so my second langlage, I 23 25 24 21 20 22 19 18 17 16 Wang - for Plaintiff - Direct by Moss 1 foreign language, is French, and I'm learning English, so a 2 lot of, like, language barrier happen. NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 3 So when I was deposed by you, sir, I was super 4 nervous, and you give me, I remember, some documents, like 5 6 7 8 something which I can show, have difficulty to read all paper in front of you, sir. nervous. like this kind of documents, I of this technical legal flna~cial I So that's why I was super 9 10 11 12 13 14 And then, by the way, I remember you did not show me my affidavit when you deposed me; right? You did hot show me this, and you just showed me this (indicating). sl then I was given that, I was shaking my hands. I tried to rlad all of them, and plus these documents, I just collect froL other people. So that's why I try to give you an answer, llke, in 15 a very limited time. I don't want to waste any other 16 people's .time. So when I could not recognize, and I'm not 17 sure, I just say I don't know. 18 19 But basically, this case, and I am only I'm a very conservative peoPle in able to be responsible for my 20 personal knowledge. If you know, this is my gathered 21 information, my gathered knowledge, or just documents pass by 22 my hands. I was super nervous, just like right now. I 23 probably say, sir, I don't know, I don't remember. Yeah. 24 That's my situation when you deposed me, sir. 25 Q Page 78 of the deposition: Lisa A. Casey - Official Court Reporter -- -------------,---------~ INDEX NO. 652077/2017 FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 33 of NYSCEF DOC. NO. 331　RECEIVED NYSCEF: 05/08/2019 Wang - for Plaintiff - Direct by Moss 1　"Question: Do you think he owns it? 2　"Answer: I don't know. I cannot guess." 3　Do you recall being asked that question and giving 4　that answer? 5　Yes, sir. A 6　Q And you know that your counsel refused having a 7　translator at the deposition; right? Even though we lSked if 8　you needed one at the deposition? 9　MS. SEARLES: No. Objection. Just for 10　clarification, we did not refuse. 11　THE COURT: Okay. Look 12　MS. SEARLES: The witness requested that she 13　didn't need one. 14　THE COURT: All the arguments that you have, 15　each of you, have been memorialized in extensive 16　findings. I don't want to hear any arguments about 17　l't h.lng. I' hear and I I anyt Just want to testlmony want 18　to be elicited in an ordinary and expeditious falhion. i9　So all we have accomplished in the last minutls is 20　that this witness has indicated that she has no lersonal 21　0 concernlng' the h'lp f th'lS I know 1edge owners apartment. 22　That's what she testified to at her deposition, lnd 23　that's what she is testifying to on the witness itand. 24　Next question. 25　MS. SEARLES: Thank you, sir. Lisa A. Casey - Official Court Reporter 33 Wang - for Plaintiff - Direct by Moss 1 Q Ms. Wang, you don't know, you have no idea where 2 the money came from to purchase the apartment; right? 3 4 A Q I have no personal knowledge about that. Nobody ever told you; right? 5 6 7 8 9 10 11 12 A Nobody told me, but I heard diSCUssosiOInm'aybehCleauarsesoIme was requested, try to gather information. information. Q You have no knowledge at all about the purchase of the apartment, because you were on leave and living il Beijing at the time; right? The apartment was purchabed? I A I do not have personal knowledge about the purchase of apartment, because I was in Beijing by then, yes. 13 Q You don't know whether Mr. Kwok owns the apartment 14 through Genever; right? 15 16 A Q I learned that after this case happened. Yeah. Did you learn it after your deposition? 17 18 A No. I learned that when this including the deposition, because I was case happened, like I requested to gather 19 information for the attorney. "Answer: I'm not quite clear about ultimately owns the apartment because he owns 20 21 22 Q "Question: You understand that Mr. KW0k I Genever? thlt 23 24 25 answer. "Questio~: You are not sure who owns Genever? "Answer: Yes." 126 . FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 35 of 126 34 Wang - for Plaintiff - Direct by Moss 1 Do you ~ecall being asked those questions and 2 giving those answers? 3 4 5 to read page and MR. HARMON: Your Honor, if Mr. Moss is from the transcript, can he first tell ub line from which he is reading, so we cah going the follow 6 7 8 9 along? 19. THE COURT: Go ahead. MR. MOSS: I was just reading from 77, 13 to 10 .Q Do you recall being asked those questions and 11 giving those answers? 12 13 14 15 A Q A Q Yes, I did. You don't know who owns Genever; right? I do not have personal knowledge about that. ~ou don't know who owns Genever New York or Genever 16 B.V.I; right? 17 18 A I gather that information. It's kind of like B.V.I owns New York LLC company, and New York LLC company oLn 19 apartment. 20 21 9. 22 Q Now I'm going read from your deposition, 102, 7 to "Question: You don't know who owns Genever 23 24 25 New York or Genever B.V.I. "Answer: I don't know." Do you recall being asked that question and giving Lisa A. Casey - Official Court Reporter Wang - for Plaintiff - Direct by Moss 1　that answer? 2　Yes, I did, sir. When I say I don't know, [ mean I A 3　have personal information, and I'm not quite slre, so do not 4　that's why for conservative answer, I'd rather say, I don't 5　know. 6　Even though you sworn to those things in an Q 7　affidavit to this Court? 8　A Sir, we have understanding difference. Like, my 9　understanding is personal information, which I say thlt, I am 10　conservative Chinese woman, so that's why, if I do no~ have 11　that personal information, or I did not involve, handle, by 12　my hands, I would rather say I don't know. Yeah, I don't 13　want to guess. 14　Q So you were being conservative at your deposition, 15　I but not conservative when you made those same statements In 16　court? 17　A I am conservative person, sir and I will be , I' 18　and I am 100, percent responsible for my personal knOjledge 19　and information. When I just gather information, or hearing 20　it, or heard something, if I'm not sure, usually I jult say I 21　don't know. Yeah. 22　So if you have no personal knowledge of anything in Q 23　the affidavit, who is responsible for that? 24　A Correct. Do I not have personal information. 25　So who is responsible for the affidavit, sihce you Q I FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 37 of 126 36 Wang - for Plaintiff - Direct by Moss 1 don't have personal information? 2 3 4 5 6 A Q A Q knowledge Whose affidavit? Your affidavit? Oh. Me. Myself. Yes. But you just told me that you don't have personal of facts in the affidavit" and you don't tJke 7 responsibility when you don't have personal knowledge; right? 8 A Sir, I'm 100 percent responsible for my affidavit, 9 10 11 12 which I sweared. so -- which I am explain, because what I said what I have understanding difference in here, f 1 . h' I . very grate u I'm glven t 1S opportun1ty to there's understanding difference bet~een I was deposing -- what I'm deposing by you, 13 sir, and what I'm meaning, really, I have personal 14 information or not. This is understanding difference, sir, 15 ~nd plus~ I'm sorry about my language. Sometimes when you 16 stare at me, ask me that question, I'm super nervous. Even 17 right now. 18 19 20 Q A Q I'm sorry. I'm not trying to make you nervous. Sorry about that. You don't even know that there are two separate 21 Genever entities; right? 22 A You mean personal knowledge, or my gathered 23 information? 24 Q I mean, I'm asking you the question, do you know Lisa A. Casey - Official Court Reporter I 25 whether or not there are two separate Genever entities? Wang - for Plaintiff - Direct by Moss 1　I gather the information saying there are two A 2　separate entities. 3　You have no knowledge of any pledges of the assets Q 4　of Genever Holdings LLC or Genever Holdings Corporation; 5　right? 6　A Again, I do not have any personal knowledge about 7　this. This is'my gathered information. I heard abouf this. 8　Q So you made sworn statements to the Court about 9　I facts that you had no personal knowledge about, that was , I 10　gathered information that you heard about? That's your 11　testimony? 12　A My testimony, there are two kinds of information, 13　which is personal information knowledge and gathered 14　information knowledge. 15　And you have no personal knowledge about any Q 16　pledges of the apartment; right? 17　Correct, sir. A 18　You don't know whether or not the apartment has Q 19　been pledged at all; right? 20　I do not have that personal information. A 21　Q You never had any discussions with anyone about 22　pledging the apartment; right? 23　A I personally did not discuss anything about this. 24　You never had any discussions with Mr. Kwok about Q 25　any pledges; right? Lisa A. Casey - Official Court Reporter Wang. for Plaintiff - Direct by Moss 1　A May I ask, what do you mean, discuss? You mean 2　ask, or mention, or discuss how do we pledge; what is 3　resolved; what is the strategy plan? I'm confused about your 4　question. What do you mean, discuss? 5　Q Did you ever talk about the pledges with Mr. Kwok? 6　A I mentioned, or he mentioned that to me, I don't 7　remember that clearly. Just, Oh, there is a pledge. But I 8　did not ever involve, like, Okay, sit down and tell me what 9　is happening, what is the details, and I never ever ihvolve, 10　like, Okay, I was going there and doing that pledge. I 11　didn't do that. 12　I'm going to read from your deposition, page 81, Q 13　lines through 11: 14　"You never had any discussion with Mr. Kwok 15　about pledges? 16　"Answer: No." 17　Do you recall being asked that question and giving 18　that answer? 19　THE COURT: That's not inconsistent with what 20　she just testified to. It's completely consistelt with 21　what she just said. 22　MR. MOSS: Your Honor, she denied having any 23　I conversations in the deposition, and she just said that 24　she did have a conversation. 25　THE COURT: That's not what I heard her say. I Wang - for Plaintiff - Direct by Moss　39 1　Did you have a conversation with Mr.　Kwok 2　about the ownership of the apartment? 3　THE WITNESS: No, sir. I just heard.　I ask 4　him, and he told me, and I know, okay, this is　the 5　situation. But I did not have, like, a discussibn,　like 6　of five, ten minutes, or sit down to go through　bhe 7　details. Because I'm just like an administrator, 8　collect information for the lawyer and get documrnts　for 9　the lawyer, so I don't know the background, and　[ don't 10　know the logic. 11　Did Mr. Kwok ever tell you that the apartment Q　or 12　Genever had been pledged? 13　A Sorry, sir. What .is the question? 14　Did Mr. Kwok ever tell you that the apartment Q　or 15　Genever had been pledged? 16　A I believe is not him. Yeah. 17　You believe he did not tell you that? Q 18　A He mentioned that to me. 19　Mr. Kwok told you that the apartment or Q　Genever was 20　pledged? 21　A I don't remember it was first time he told　me, or I 22　told him, because I gathered that information from　otLer 23　people. Then, kind of like, I told him, and he mentiln　that 24　to me. 25　At your deposition, page 81: Q Lisa A. Casey - Official Court Reporter FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 41 of Wang - for Plaintiff - Direct by Moss "Question: You never told Mr. Kwok tHat Genever was pledg~d? "Answer: No. "Question: He never told you that it was pledged?' "Answer: No." Q Do you recall being asked those questions and giving those answers? A Correct, sir. Q If you can, please turn to Exhibit B of your affidavit. (Whereupon, an exhibit was displayed to the Court.) Q I would like to direct your attention to the first page. This is a document that you attached to your affidavit; right, Ms. Wang? A Correct. Q In support of your statement that the apartment was pledged; right? A Looks like, yes. Q And I would like to direct your attention to the first page. Do you see there's a charge ID, FBAKOY? A Sorry. Which page, sir? Q Right here. It's the first page of Exhibit B. You see the charge ID? It says FBAKOY? -\_.\_. \_.\_-------- FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 42 of 126 41 Wang - for Plaintiff - Direct by Moss 1 2 3 4 5 6 A Q A Q A Q Yes. I saw that. And pledge was made to Roscalitar 2? Yes. And the pledge date was May 21, 2015; right? Correct. Did anyone ever tell you, or did you ever gather 7 8 9 10 11 12 13 the information -- MS. SEARLES: Objection. Your Honor, IT apologize for interrupting again, but he just kelps reading from this document which is not actually in evidence. THE COURT: Is this an exhibit that you have in your exhibit book? 14 15 16 MR. MOSS: Yes. It's in the it's her affidavit -- it's attached to It's their document. exhibit book, and her affidlvit. Q Ms. Wang, when you Court and you swore that the May of 2015, did you know - had actually been terminated in, in March of 20117 17 18 19 20 21 22 23 24 MS. SEARLES: But it has not been admitted. It's one of the ones we have an issue over. THE COURT: All right. Look, just proceed. submitted this document bo the I . apartment had been Pledgjd since did you know that this p!edge before you put your affikavit 25 A Sir, let me make it clear, again. When you depose Lisa A. Casey - Official Court Reporter w.ang - for Plaintiff - Direct by Moss NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 1 2 3 4 5 6 7 8 9 10 11 12 13 14 me, you give me this, and.without giving me my affidarit. And remember, my affidavit, which I signed, it's about one d h d .. hi year ago, an w en you epose me, you Just g~ve me t e exhibits, you did not give me any of my affidavits, ahd all the exhibits, which I am just a person collected them from other people. So I have to emphasize that as administrator of Go lden Spr~ng, . that I co11ect documents and ~n. fl.ormat~on every day, so there's lot of documents and informatioh I'm collecting for you, for my attorney, and for other prbject. 1 I cannot remember which one is for what, so when you depose me, you show me that this is just one or two pages in my thousands, millions of pages of other documents. And I have to say that when I collect all of these documents, why I'm the person collecting, because my 15 16 colleague, either they are kidnapped Party, either because of a threaten; by Chinese Communist h . h' I. b t ey qu~t t e~r DO ; 17 either they just leaving nothing and just left. So I'm in a 19 documents. 20 21 22 And a lot of documents I just put it in my file and I do not have time to review that, so it's I even really difficulty for me that you show me the documents in I your 23 deposition and ask me if I can recall from my memory, right 24 25 away, to tell you, this documents, I know what was and what was resolved and what was there. So it's happening I really I 18 very hopeless position to help to collect all of these Wang - for Plaintiff - Direct by Moss 1　just like two, three pieces of paper in my whole files. 2　Okay. So I'm not talking about your deposition. Q 3　What I'm asking you is -- it's just very simple. Let me try 4　the question again. When you submitted this document 5　swearing that the apartment had been pledged since Ma¥ of 6　2015, did you know that this pledge was terminated in March 7　of 2017, and that the apartment that you were swearing was 8　pledged was not actually pledged anymore? Did you knbw that? 9　A I do not have personal information, knowled6e. 10　Q Did you hear that pledge had been terminate~ before 11　you swore to the Court that it was terminated? 12　A I don't remember that, sir. 13　MR. MOSS: May I, your Honor? 14　(Whereupon, a document was handed to the 15　witness. ) 16　MR. HARMON: Your Honor 17　MS. SEARLES: Can we know what he's showing 18　her? 19　MR. MOSS: This is PX 43. They have a 20　relevance objection, not an authenticity objection, to 21　I this document, your Honor. It's in the exhibit binders. 22　(Whereupon, an exhibit was displayed tl the 23　Court. ) 24　MS. SEARLES: It's the same relevance 25　objection that I gave before with respect to the Lisa A. Casey - Official Court Reporter Wang - for Plaintiff - Direct by Moss 1　you~ pledges. This does not have to do with what Honor 2　you laid out in our last oral argument that wantld to 3　hear today. It was the timing and the purchase lnd sale 4　of the apartment. I think that there is no disprte at 5　this point between any of the parties that at one point 6　there were pledges on the apartment, and at this point 7　there are no pledges on the apartment, so I don't know 8　why we are continuing to discuss this. It's not an 9　actual encumbrance if the pledge doesn't exist. 10　MR. MOSS: Your Honor, if they want to 11　stipulate that the pledge that she swore was on had been 12　terminated before she filed her affidavit, I;m hkppy to 13　do that, to avoid wasting time. 14　MS. SEARLES: No. I'm not going to st~pulate 15　to that, but I will stipulate that since she combleted 16　I her affidavit, and since we have had oral argument, and 17　I don't know however many months of prejudgment 18　attachment discovery, that the pledge has been l~fted, 19　and I don't think we are in any disagreement on hhat. 20　THE COURT: This is a document that sats that 21　the pledge has been released. You don't dispute that. 22　So why are we wasting time? 23　MS. SEARLES: That was my question as to why 24　we are continuing to discuss something 25　THE COURT: I'm taking your representation as I Lisa A. Casey - Official Court Reporter Wang - for Plaintiff - Direct by Moss a stipulation that the pledge was released, so there's no need for there to be any questioning about tJiS document. MS. SEARLES: I just want to be 100 percent clear, not that I'm making that r~presentation, lhere is no pledge in place. It was released. 7 8 9 10 11 12 13 14 There is a discrepancy between documenis that they obtained from DC and documents we obtained from B.V.I, that had a discrepancy at one po;nt, • wherle our document was dated close in time to theirs, and It's said that the pledge hadn't been released. Theils did. We argued at the time that the B.V.I was the applopriate one. We have pulled that from, you know, outSidl help. We didn't pull it ourselves. 15 16 17 18 19 20 21 22 23 At this point in time, though, there are no pledges, and we are all in agreement on that, anh so I I want to be clear that there is a discrepancy as fO some of the documents, and the timing of the pledge, but the pledge has been lifted for months at this point, so again, I'm just cbnfused as to why we are continuing to go into this, because if the argument is the encumbrance, pursuant to the CPLR, there is no encumbrance. 24 25 THE COURT: This is a one-day hearing. It's now an hour and a half into the hearing, a third of Wang - for Plaintiff - Direct by Moss 1　which has been attorney coll~q~y, and/or regurgifation 2　of what's in two sets of papers. You are stipulating 3　there's no extant pledge on this apartment, so I don't 4　know what relevance this particular document has to 5　anything. 6　She stipulated that there's no extant pledge. 7　MR. MOSS: Can I respond, your Honor, bn 8　relevance, your Honor? 9　THE COURT: Yes. 10　fO MR. MOSS: Ms. Wang's affidavit swore the 11　Court that the pledge was on, and a year before her 12　affidavit the pledge had been terminated, so it,b a 13　false statement to the Court about the existence of a 14　pledge in the courts of this-proceeding in order to try 15　to avoid an attachment, it goes directly to credibility. 16　It goes directly to fraud. 17　THE COURT: All right. Well-- 18　MR. MOSS: I can move on, your Honor. If 19　that's preferable, I'm happy to move on. 20　Q Ms. Wang, I take it you never saw that document 21　before you filed your affidavit; right? The document you 22　have in front of you? 23　A Which document? 24　PX 43, you never saw? Q 25　A Even now, let me tell you, I don't remember that. Wang - for Plaintiff - Direct by Moss NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 1 2 Yes. And let me repeat again, if I may, I to Golden Spring. This is not my choice. am adminis1trator Because Chinese 3 Communist Party, they kidnap almost all my colleague, between 4 me and the company. So my background, I do not have real estate professional knowledge. 5 6 financial professional" knowledge. I do not have American I So I was the onl¥ 7 8 9 10 11 12 13 14 15 person, by then, speak at least a little bit" English, and try to help the family, so that's why. A lot of my colleague, they are either kidnapped, or disappeared, or just le~t I without saying anything, drop off their stuff on my table. I spent a long time trying to learn and diglst and figure out what they are, and I'm not good about readlng documents. Even now, sir, you show me this, and I'm buper nervous here, that if you do not point where the Pledke, that word, I still couldn't recognize this as one of the dLcuments 16 passed by my hands. Because really, my background is here, 17 I'm not a liar, and I never forge anything, and why I'm here, 18 I'm trying to help, to help the case. Thank you, sir. 19 20 Q . Thank you. MR. MOSS: Nothing further right now, your 21 Honor. 22 CROSS EXAMINATION 23 BY MS. SEARLES: 24 Q Good morning, Ms. Wang. I'm going to try to speak 25 up, so you can hear me. Lisa A. Casey - Official Court Reporter by Wang - for Plaintiff - Cross Searles 1　MS. SEARLES: I just wanted to take a step 2　back for just a quick second to give a better 3　understanding of something for your Honor. 4　When did you first start working for the Guo Q 5　Family? 6　A I started working for Guo Family from when I 7　was in Beijing. I came back from Europe. I finished my 8　university, and I came back to Beijing, start working for the 9　Guo Family. 10　And when you say Guo Family, you mean more than Q 11　Mr. Kwok's immediate family; correct? 12　A Correct Guo Family, what I learned, there are 13　more than people, and Mr. Kwok, Miles Kwok, he is number 14　seven son of the whole family. He has more elder brother, 15　and he has his parents. He has his niece, nephews, ahd 16　sister-in-law, which right now he has number five and number 17　six brother, and they are still in jail. They are arrested 18　and put in jail by Chinese Communist Party, and a lot of his 19　family member, including his son, his daughter,niece, 20　I nephew, and his sister-in-law, brothers, they were all 21　threatened, kidnapped, and put in jail without any relson 22　I until now, including all of his, like, long-term employee, 23　just like me. 24　And this Guo Family that you work for, they are Q 25　located in multiple places around the world including China, Lisa A. Casey - Official Court Reporter NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 50 of 126 Wang - for Plaintiff. - Cross by Searles 1 2 3 including the individuals you were just speaking abOU1 ? A Correct. They live in china, Mainland chini' they do, and live in, like Hong Kong, like Europe, like and 4 America. Worldwide. 5 Q And when did you move to New York to start working 6 for the Guo Family? 7 8 9 A That was a date I never forget. That was April 23rd, I came to New York and U.S. I never be I 2015. able to I go back to China and see my family, and see my son. When I 10 was left -- when I left China, then my son is 1.5, is one 11 years old, five months. Now he is going to be, like, six 12 13 14 years old, and he is going to be, go to the school. family, my husband and my son, stopped talking with 2017, which is for now more than 16 months, I heard And my ml since nhthing 15 from them, I received nothing from them. 16 17 Chinese Communist Party, they forged a lot things they forged my voice, my tape, my documents. of my I '['hey 18 forged all my personal information. They threaten my 19 husband. They detain my husband, interrogating my husband. 20 They told my husband I betray my country, I betray my family, 21 I abandon my son and my family, which I never agree. So my 22 23 24 25 husband stopped talking with me since the end of 2017, and my ~on stopped talking and seeing me by WhatsApp, by wec~at, by video, more than 16 months until now. I came here because of two reasons. First, I'm a Lisa A. Casey - Official Court Reporter NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 51 of 126 Wang - for Plaintiff - Cross by Searles 1 2 loyal person. My husband in college, and I went to is my first boyfriend. I meet school in France with him, lnd him we 3 studied together. We get married, and I never have a second 4 5 6 7 8 boyfriend. I never have second husband at all. I to~d him . 1 . " h ,I . many t1mes, I'm not eav1ng you. I'm Just 1n t e s1tuat10n I 1 Ch ' C ' . hi, cannot contro. But 1nese ommun1st Party, t ey cont1nue I to threaten him and his whole family, and they force my husband divorce me. 9 10 11 12 13 14 This is the third time they are trying. Last month, my husband lawyer contacted me via my elder br~ther, because my husband stop talking to me like more than ~ike 16 I months. My younger brother told me, Sister, they want to divorce you, and they need you appear in the court in China. I say, It's not possible, because Chinese Communist Party is 15 looking for me. I cannot go back to China. 16 17 18 19 20 21 22 23 24 25 Then they come back, say that, Sister they want to you make a video with your passport and your, like, statement, saying, Okay, I'm willing to divorce with my husband. I told my younger brother, it's not going tl happen like this way, because Chinese Communist Party, they llreadY forged a lot of my video and my voice. If I ever madf this video, and saying in front of camera, I'm willing to divorce I my husband, and one day -- my son is six years old, now. He is going to be bigger, and he is going to be adult, ahd that I video will be forged and used by Chinese Communist Party by Wang - for Plaintiff - Cross Searles 1　again, again, again, in the words. I cannot, one day, my son 2　standing in front of me and ask me, Mom, it was you gave up 3　me , and abandon me. 4　THE COURT: Okay. That's enough. 5　THE WITNESS: Sorry. 6　THE COURT: That's not responsive to the 7　question. 8　THE WITNESS: Sorry, sorry. Sorry. Sorry, 9　your Honor. 10　Okay. We'll change track just a little bit; okay? Q 11　I So you have said you have been here since in 12　New York City, working for the Guo Family? 13　A Correct. No. I work for Guo Family from 2009, and 14　since April 23rd, I came to America, continue WOlk for 15　Guo Family, and Mr. Kwok himself. 16　And currently you are president of Golden Spring Q 17-　New York; correct? 18　A Yes. 19　Q And what does Golden Spring New York do for the Guo 20　Family? 21　A Golden Spring New York came back to life sirce I 22　took over, and that was in the beginning of 2018. Before 23　that, Golden Spring New York employee either left, lite 24　quitted, like disappeared. So there's lots of like leftover 25　issue I have to handle, and since I start to work for Golden Lisa A. Casey - Official Court Reporter FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 53 of 126 Wang - for Plaintiff - Cross by Searles 1　Spring New York, I make, or I define, I define Golden Spring 2　New York as Guo Family family office, so I start to cbllect 3　everything and operate. 4　So among your responsibilities, you collect Q 5　documents and operate the entity? 6　A Correct. Yeah. 7　What' are some of your other responsibilitie.s for Q 8　the Guo Family? 9　Sorry. What is your question? A 10　What are some of your other responsibilitiels for Q 11　Golden Spring, for the Guo Family, in your role as prjSident? 12　A Other responsibility, including like build a team; 13　and including, like, help all the litigation; help to collect 14　the documents and collect information; and help to do, like, 15　daily operation, every day. 16　Q So when you say daily operation, do you mean making 17　I eve;rybody sure the bills are paid on time, making sure that 18　else knows what they are supposed to be doing? 19　A Correct. Because a lot of, like, because of my 20　previously colleague, as I said, they just disappeared, gone, 21　so a lot of, like, outstanding questions, bills, issuls, that 22　when I came in, I start to work for Golden Spring, it's 23　almost everything back to the track, so I can see, and I'm 24　proud of that. 25　Q You have testified here this morning quite a bit I by Wang - for Plaintiff - Cross Searles 1　about this idea of personal knowledge, and I believe Ithe term 2　difference in you used was gathered knowledge. Is there a 3　your mind between those two? 4　THE COURT: I understand the difference. 5　MS. SEARLES: Okay. 6　I think you might have it in front of you, if you Q 7　need to reference it. It is Exhibit 34, the affidavit which 8　is not in'evidence. 9　the Prior to submitting this affidavit before 10　I were part Court, did you gather the underlying documents that 11　of the exhibits? 12　Correct. All the exhibits, they are all pa,rt of my A 13　gathered documents. Did you review the documents, look at them, read Q 15　them, before you submitted that affidavit? 16　A I didn't review all of them, because first I gather 17　a lot of documents. Second, as I said, my third language is 18　English, so if you listen to my speaking, maybe just, like, I 19　speak not bad English, but when you have me read all of this, 20　like, very legal or official documents, and I could not 21　understand them, like, very quickly, I have to look jt my 22　dictionary and try to figure out what they are talkiJ9. 23　Q Did you speak with others about those docuJents, 24　others within the Golden Spring or Guo Family organizllations, 25　about those documents before you submitted your affidavit? I Lisa A. Casey - Official Court Reporter Wang - for Plaintiff - Cross Searles by 1　A I collect these documents from them. 2　And you spoke with others about those documents? Q 3　MR. MOSS: Objection. Leading. 4　Yes. A 5　MS. SEARLES: She's not my witness. 6　THE COURT: It's an adverse witness. 7　Look, what I'm understanding is that this 8　IShe witness has no personal knowledge of anything. has 9　I a!l.l of collected a lot of information, some, most, gr 10　which she understood, and the affidavit that she signed 11　is based on her understanding, as limited by her 12　language issues, of what lawyers put in front of her to 13　sign. Is there anything else I need to know about her 14　testimony? 15　I would just direct you to the first paragraph on 16　I there, speaking about the personal knowledge issue. [sn't it 17　correct that that paragraph does not actually say thah it's 18　based on personal knowledge? 19　- - A You mean 20　The first paragraph of your affidavit. Q 21　A The first paragraph. 22　term, Yes. The Based on my personal knowledge, Q 23　does not exist in that document; correct? 24　THE COURT: Okay. 25　A Correct. Sorry. Lisa A. Casey - Official Court Reporter Wang. for Plaintiff - Cross by Searles　55 1　THE WITNESS: Sorry. Sorry, sir. 2　MS. SEARLES: I'm switching topics now, your 3　'Honor. Just so that we are clear. 4　Has the apartment that's at issue here in this Q 5　hearing, has that been sold? 6　A No. 7　To your knowledge, is it even on the market right Q 8　now? 9　Correct. I have this personal knowledge. A 10　And this knowledge, meaning it is or isn't on the Q 11　market? 12　A It's not on the market at all. 13　MS. SEARLES: I think that's it, your Honor. 14　I MR. MOSS: One more quest~on, your Honor? 15　THE COURT: Yes. 16　RE-DIRECT EXAMINATION 17　BY MR. MOSS: 18　When was the apartment taken off the market? Q 19　, I A About one month. Around, like, one month off the 20　market, from now. About, like, one month ago. 21　MR. MOSS: I have nothing else. 22　THE COURT: Okay. You may step down. 23　(Whereupon, the witness was excused from the 24　witness stand.) 25　THE COURT: Next witness. Lisa A. Casey - Official Court Reporter 56 Wang - for Plaintiff - Re-Direct by Moss 1 (Whereupon, there was a pause in the 2 proceedings.) 3 4 5 THE COURT: When you get the witness, ¥ou will let me know. (Whereupon, a recess was taken.) 6 \* \* \* \* \* \* 7 MICHAEL U L L MAN, having been duly sworn b¥ the B clerk, was examined and testified as follows: 9 10 11 12 13 THE.CLERK: Please state your full name and address, in a loud clear voice. THE WITNESS: Michael Ullman, 340 West 57th Street, apartment BG, New York, New'York 10019. THE CLERK: Have a seat. 14 DIRECT EXAMINATION 15 BY MR. SARNOFF: 16 Q Good morning, Mr. Ullman. We are a little bit 17 behind, so I'm going try to move this along. 1B 19 20 21 22 23 A Q A Q A Are you employed, sir? I am. By who? The Sherry-Netherland. What is your position there? My title is Executive vice President, Chief 24 Operating Officer. 25 Q Is that effectively akin to the Lisa A. Casey - Official Court NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Ullman - for Plaintiff - Direct by Sarnoff　57 1　A　Yes, it is. 2　Q　How long have you held that position? 3　A　At the Sherry? 4　Q　Yes. 5　A　Nine years. 6　Q　So about since 2010? 7　A　That's correct. 8　Q　How long have you been in the hotel management 9　business? 10　A　A little over years. 11　Q　As your general manager role, COO general　manager 12　role, are　" h you involved in the new purc ase app ~cat~on　I 13　process? 14　A　I'm involved in putting together the documentation 15　to make　sure that it's all there before I ship it off　to the 16　board　members. 17　Q　And roughly how many apartment transactions, 18　purchases　and sales have yo~ been involved with in yotr 19　tenure at　the Sherry-Netherland? 20　A　60. 21　Q　Does the Sherry-Netherland have a Board of 22　Directors? 23　A　Yes, it does. 24　Q　And does have a president or a chairperson? 2.5　A　It has president. Lisa A. Casey - Official Court Reporter FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 59 of Ullman. for Plaintiff - Direct by Sarnoff And who is the president? .Q 2 3 A Q Michael Horvitz. And has he been the president. since Mr. Kwok's 4 purchase in 2015? 5 6 7 A Q A Yes. And what is Mr. Horvitz's background, generally? He's a former partner for Jones Day, as an 8 9 10 11 12 attorney. He is on the -- a trustee of the Frick. He is, I I think, a trustee of the Cleveland Clinic, and a former chairman of IMG International Management. Q Is the board of the Sherry-Netherland responsible for reviewing and approving apartment purchase apPlicktionS? 13 14 15 16 A Q Not in A Yes. Could you generally describe the approval process? amaz~ng , deta~,'I but Just .' to g~ve , the Court an ~I'dea. Yes. So there's a selling and purchasing bloker 17 that, they bring the client. The property is listed. They 18 19 20 bring the client. They agree on a price review the minutes of the board meetings the building. Then they put together and on terms. They and the condltion of they come to us to 21 22 ask for a package, what's required in the package. that board package together, and when it's all put They put I together, 23 they submit it to us. 24 Q And what type of information is included in 25 THE COURT: I know all about this. I las the Ullman - for Plaintiff - Direct by Sarnoff 1　president of a New York City co-op for years. 2　MR. SARNOFF: Duly noted. 3　THE COURT: We can skip it. 4　Do you know who Kwok Ho Wan is, or Miles Kwok? Q 5　Yes. A 6　Did the there come a time when he applied to Q 7　purchase an apartment in the Sherry-Netherland? 8　Yes. A 9　You do you recall when, about, that was? Q 10　A It was early 2015. I believe it was Februa~y of 11　2015. 12　Did Mr. Kwok go through the, sort of, typical Q 13　application process? 14　A Yes. 15　Did he provide financial information to the board? Q 16　A Yes. 17　Do you recall, basically, what type of financial Q 18　information he provided? 19　A He provided, the first time -- the first time that 20　I It he provided information -- which I only saw afterwards. 21　was confidential. It was kept in a folder and I gave it to 22　the board president, but it was documentation, I believe that 23　was in Renminbi and that was mainly in Chinese, and sl that 24　I was the first document that was sent. The board met on it 25　and subsequently asked for more detailed financial Lisa A. Casey - Official Court Reporter INDEX NO. 652077/2017 FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 61 of NYSCEF DOC. NO. 331　RECEIVED NYSCEF: 05/08/2019 by Ullman - for Plaintiff - Direct Sarnoff 1　information in U.S. dollars. 2　Q When you'submitted that application informarion, 3　did you understand that he was purporting to own or control 4　that information? 5　MR. HARMON: Objection, your Honor. 6　understanding is not relevant. The documents for 7　themselves. They are all in evidence. 8　THE COURT: That's sustained. 9　Did Mr. Kwok show the Sherry-Netherland any Q 10　information about any assets he purported to hold in the 11　United States? 12　A No. 13　Did he provide the Sherry-Netherl~nd with any Q 14　assets that he purported to hold in his own name? 15　No. A 16　Do you recall any other prospective Q 17　Sherry-Netherland purchaser, both not showing assets in their 18　h d I h own name, and not s ow~ng assets ~n t e Un~te States? 19　No~ A 20　MR. HARMON: Objection, your Honor. 21　Q So is it fair to say that 22　THE COURT: There's an objection. 23　What relevance is that to anything? 24　MR. SARNOFF: Uniqueness of his application, 25　and whether or not the Sherry-Netherland found i~ Lisa A. Casey - Official Court Reporter I FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 62 of 126 by Ullman - for Plaintiff - Direct Sarnoff 1　necessary, in the light of all 2　THE COURT: You can ask him what the 3　Sherry-Netherland, did but they approved the purchase. 4　MR. SARNOFF: Okay. 5　Q Excluding Mr. Kwok, during your tenure at the 6　I Sherry-Netherland, has any tenant used a double LLC structure 7　to buy an apartment? 8　No. A 9　And excusing Mr. Kwok, had any tenant ever used a Q 10　foreign LLC structure to buy an apartment? 11　A No. 12　Q You mentioned a minute ago that he didn't show any 13　U.S. assets. Did the Sherry-Netherland impose any palticular 14　conditions or safeguards on his purchase as a result? 15　Yes. A 16　Do you recall what those safeguards were? Q 17　A Yes. There was a security deposit covering a 18　five-year period, for estimated maintenance charges. 19　Do you remember what the amount of the security Q 20　deposit was? 21　It was approximately million. A '\$3.3 22　Do you recall whether Mr. Kwok was also asked to Q 23　sign an occupancy agreement? 24　A Yes. 25　Was he also asked to personally guarantee the Q I Lisa A. Casey - Official Court Reporter 62 Ullman - for Plaintiff - Direct by Sarnoff 1 proprietary lease? 2 3 4 A Q A Yes. How was the size of the secure deposit derired? It was derived by the board having a meeting, and I 5 believe it was actually -- 6 7 B MR. HARMON: Objection, has personal knowledge, he's just the board did. And relevance. your Honor. Unless he. testifying abolt what 9 10 11 12 THE COURT: Look, let's not nitpick. ['m not even sure what the relevance of any of this testlmony is. Go ahead. Answer it. 13 A It was -- I sat in the board meeting where, I 14 15 16 17 1B 19 20 21 22 believe it was actually prior to that, the law firm that was dealing with Mr. Kwok's purchase one of the firms, I hhink, offered that, and I believe Mr. Kwok offered that ank the board had discussed what the right amount would be', anld then five years, they thought, was adequate to cover; sincl there were no assets in the U.S., that if Mr. Kwok didn't ply the 'maintenance, we had adequate coverage to protect oursllves. Q Before changing gears, do you recall anythihg about the timeline of Mr. Kwok's application and closing? 23 24 A Q Yes. Did Mr. Kwok put any time constraints on that 25 process? FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 63 of 126 FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 64 of 126 by Ullman. for Plaintiff - Direct Sarnoff　63 1　A Yes. 2　Could you tell us about that? Q 3　A I believe it began in February,. and it had　,0 close 4　by March 6th. Having gone back in my notes, I think　~t was 5　March 6th that it had to close by, or he could cancel　a 6　.contract, and I think it was my understanding, from　what I 7　remember hearing, it was for feng shui reasons, that　It had 8　to close. 9　Did that type of timing -- was that type of Q　typing 10　typical of applications at the Sherry-Netherland? 11　MR. HARMON: Objection, your Honor.　What is 12　this relevant to? 13　THE COURT: It's not relevant to anything,　but 14　go ahead. It's not typical. Okay. Next. 15　Had any prospective purchaser asked to close Q　in 16　that short a time? 17　No. A 18　Q After Mr. Kwok closed and moved in, did there　come. 19　d a time what he sought to draw down on his secur~ty　I epos~t? 20　Yes. A 21　Do you recall when that was, approximately? Q 22　A Within a year of closing, 23　Do you recall, roughly, of the million, I Q　think 24　you said \$3.3 million security deposit, how much he　wanted to 25　draw down? Lisa A. Casey - Official Court Reporter 64 Ullman - for Plaintiff - Direct by Sarnoff 1 2 A Q I believe it was approximately 2.3 million. And did the Sherry-Netherland accede to that 3 request, to your knowledge? 4 A No. 5 6 Q Has any other purchaser of apartment, shortly after purchasing, a Sherry-Netherland sought to withdrlw their 7 security deposit? 8 9 A Q No. Did there come a time whether Mr. Kwok, or someone 10 acting on his behalf, inquired about transferring the title 11 of the apartment? 12 13 A Q Yes. What do you recall about that? 14 15 A I recall first that his broker, Kathy Sloane, had I approached me and said, can they transfer the apartment to 16 his son, Mileson Kwok's, name. 17 Q Was it in his name, or was it in a trust for his 18 name? 19 A At the time they didn't say to trust. They just 20 said they wanted to transfer it to Mileson. 21 22 23 Q A Q And Mileson is Mr. Kwok's son; correct? Correct. Did there come a time when you learned that the A 24 25 request was to transfer to a trust for ,Mr. Kwok's son? Yes, when I received a letter from an attorhey I in NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 66 of 126 - -----------------------------------,----------- by Ullman - for Plaintiff - Direct Sarnoff England, I believe a Ms. Mannis, I believe, asking questions on how they could do the transfer. And the request was how to set up a transfe~ from Q Mr. Kwok to Mr. Kwok' s son? Correct. A A trust for Mr. Kwok's son? Q Yes. That's correct. A And did the Sherry-Netherland respond to that Q request? Yes. A How did the Sherry-Netherland respond? Q We told them how it could be done, that his son A would have to go through the application process and provide all of the documentation that he had provided, that M~. Kwok had provided, when he purchased the apartment, and thly could go through that process. So that was a re-board approval process? Q A That's correct. And that was consistent with the board's standard Q practice in situations such as that? A Yes. Did Mr. Kwok every end up submitting a transfer Q application? A No. Did he or his representatives make any other Q I Lisa A. Casey - Official Court Reporter FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 66 Ullman - for Plaintiff - Direct by Sarnoff 1 requests about the apartment in the period that followed? 2 3 A Q Not that I recall. Well, did there come a time when Mr. Kwok inquired 4 about making his son the contact person? 5 6 A Yes. MR. HARMON: Objection. Leading. He answered 7 8 9 10 11 the question that he made no other requests. THE COURT: I'm sorry? MR. HARMON: Leading. The witness has already answered that Mr. Kwok made no other requests. Now he is leading the witness into a different answer. 12 13 14 MR. SARNOFF: deposition testimony to would like. I can show the witness His refresh" his recollectioj, if he 15 16 MR. HARMON: Deposition testimony isn't" the answer to what he is asking. 17 18 19 Q A 20 representatives asking whether they could change the contact 21 person, and could they make it his son, as the contaot 22 person. 23 Q And this was on the heels of asking to transfer 24 title to his son, in a trust for his son; correct? 25 A Yes. Lisa A. Casey - Official Court Reporter NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 68 of 67 Ullman. for Plaintiff. Direct by Sarnoff 1 2 3 4 5 6 7 8 9 THE COURT: What do you mean by contact person? THE WITNESS: In the apartment, they had contact people. They had administrative people fhat, if we needed to get in touch with them, that's who re should go through. There were a couple of different people, and then they asked if they could change it to his son. THE COURT: Okay. 10 Q Did you have a view as to what Mr. Kwok may have 11 been trying to accomplish in doing that? 12 13 14 MR. HARMON: Objection, your Honor. What his view is, again, is irrelevant. THE COURT: I agree. That's sustained. 15 Q When Mr. Kwok purchased the apartment, did he and 16 Genever execute any agreements with the building? 17 A Other than the occupancy agreement and the security 18 deposit and the -- occupancy, security and personal 19 guarantee, those are the three documents, plus signing the 20 proprietary lease. Q 22 lease? And the Sherry-Netherland signed the proprietary 23 24 A Q That's correct. And Mr. Kwok personally signed the occupancy 25 agreement; correct? Lisa A. Casey - Official Court Reporter 68 Ullman - for Plaintiff - Direct by Sarnoff 1 2 A Q I believe that's correct; yes. And that was an agreement with the 3 Sherry-Netherland, and that document was in English, and 4 Mr. Kwok signed it; correct? 5 A That's correct. 6 7 Q Do you recall lease and the occupancy 8 do, and if you could pledge your apartment? is not the subject of this action. 9 10 11 12 MR. HARMON: Objection, or not Mr. Kwok's actions violate the relevance. your Honor. Whether . I the proprietar¥ lease I I don't understand 13 14 15 16 17 18 19 20 21 22 23 24 THE COURT: I'm sorry? Mr. Kwok purchased the apartment in his own name. MR. HARMON: Y,?s. THE COURT: He signed the proprietary !lease. MR. HARMON: Yes. THE COURT: He signed the occupancy agreement. I He signed the personal guarantee. The rules of the Sherry-Netherland are that you can't pledge the apartment. Mr. Kwok pledged the apartment. Did you find out about that? THE WITNESS: Later, yes. THE COURT: Okay. 25 Q How did you learn about that? FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 69 of 126 INDEX NO. 652077/2017 FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 70 of NYSCEF DOC. NO. 331　RECEIVED NYSCEF: 05/08/2019 Ullman - for Plaintiff - Direct by Sarnoff 1　A When we were served the papers from O'Melveny is 2　the first that we knew that, that we read that the aplrtment 3　had been pledged. 4　And the papers that you saw were the papers that Q 5　Mr. Kwok had signed, that his lawyers had sent in, too; 6　right? 7　A Yes. 8　Can you direct your attention to PX 33? Q 9　(Whereupon, an exhibit was displayed to the 10　Court. ) 11　A Okay. 12　MR. HARMON: I don't have a PX in my book. 13　That was provided by your firm? 14　MR. SARNOFF: It's your brief. 15　(Whereupon, a document was handed to the 16　witness. ) 17　Q I direct your attention to page four, please. 18　f' ", I h b MR. HARMON: Your Honor, t e r1e 1S not in 19　evidence. He can't read from a document that's hot in 20　I evidence, and he can't authenticate this document. 21　THE COURT: I don't have Exhibit 33. 22　MR. HOPLAMAZIAN: Your Honor, we have a copy 23　for you, as well. 24　(Whereupon, a document was handed to the 25　Court. ) 70 Ullman. for Plaintiff. Direct by Sarnoff 1 2 3 THE COURT: We are not going to have questions about a memorandum of law. Let's move on. MR. SARNOFF: Okay. 4 Q Was it your understanding that in this case 5 Mr. Kwok, through his brief, was representing to the Court 6 that the apartment was pledged? 7 8 9 10 11 12 13 14 15 16 17 18 19 MR. HARMON: Objection, your Honor. On multiple grounds. THE COURT: Sustained. Sustained, sustained. MR. SARNOFF: May I address that? THE COURT: Look, we have already established th t M K k h d h d . .11 . a r. wo purc ase t e apartment an , ~n v~o at~on of his proprietary lease, he pledged the apartmeht, and we have established that this witness learned abbut that at a subsequent period of time, and it has been stipulated that, at le~st as of a month ago, the apartment is no longer pledged. Q Did you notify Mr. Kwok that his apartment was pledged in violation of the Sherry-Netherland agreemeht? 20 21 A Yes. THE COURT: When did you do that? 22 23 24 25 THE WITNESS: Shortly after we found out that it had been pledged. THE COURT: Okay. And when was that? THE WITNESS: I'm guessing now, around Lisa A. Casey - Official Court Reporter -------------------------,---------- FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 72 of 71 Ullman - for Plaintiff - Direct by Sarnoff 1 2 3 4 5 6 Q THE COURT: Don't guess. Don't guess. THE WITNESS: - - mid 2017. THE COURT: 2017 is your answer? THE WITNESS: Yes. THE COURT: Okay. Did you get a response from Mr. Kwok or Mr. Kwok's 7 counsel -- 8 9 10 11 A Q Yes. -- with respect to the letter? And how did they respond? MR. HARMON: Objection, your Honor. If it's 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in writing, then document has to be offered, and I would argue that the whole -- THE COURT: I'm sorry? MR. HARMON: If we responded in writing, then we ought to have the exhibit, the document, and hot his testimony. I would object to the document, becalse how he responded to the Sherry-Netherland about this subject is just not relevant to the subject that we are here on today. MR. SARNOFF: I'll show you the exhibit, sir. It's exhibit 35. (Whereupon, a document was handed to the witness. ) MR. HARMON: Your Honor -- Lisa A. Casey - Official Court Reporter 72 Ullman - for Plaintiff - Direct by Sarnoff 1 2 Q MR. SARNOFF: I would like to mark Exhibit 35. Is that a copy of the written response that the 3 4 5 Sherry-Netherland, and that you, particularly, recei viedin response to your letter to the Sherry-Nether~and, ad~ising them about the inappropriate pledge? 6 7 8 9 10 11 12 A Q Yes. What does the letter say about whether or not THE COURT: The letter -- MR. HARMON: Objection. THE COURT: Are you moving this into ewidence? MR. SARNOFF: Yes. THE COURT: Okay. This is received. It 13 14 speaks for itself. MR. SARNOFF: Okay. 15 Q And it was your understanding that the 16 Sherry-Netherland was being told by Mr. Kwok's counsel 17 18 19 20 21 22 23 24 Q response, THE COURT: I can read. MR. HARMON: Objection, THE COURT: I can read the letter. MR. SARNOFF: Okay. Fair enough. THE COURT: It's in evidence. MR. SARNOFF: Okay. Are you able to reconcile the Sherry-Nether[and's of Mr. Kwok's counsel to the SherrY-Netherllnd, 25 with the position that Mr. Kwok's brief and the Wang Lisa A. Casey - Official Court Reporter Ullman - for Plaintiff - Direct by Sarnoff　73 1　affidavit　took with respect 2　THE COURT: That's sustained. That's 3　sustained. 4　MR. HARMON: Thank you. 5　Q　Let me just wrap up quickly. Do you have an ax　to 6　grind with　Mr. Kwok? 7　A　Absolutely not. 8　Q　Didn't he sue you? 9　A　He did. 10　Q　Is that of any impact on your testimony? 11　A　Absolutely not. 12　Q　Was your purpose coming here today to try to help 13　PAX LP to　win its motion? 14　A　No. 15　Q　Did you volunteer to testify here, or were you 16　subpoenaed? 17　A　Subpoenaed. 18　Q　Is that the same with your deposition? 19　A　Yes. 20　Q　Did you and I communicate in advance about your 21　testimony? 22　A　No. 23　Q　Did you tell the truth today? 24　A　Yes. 25　Q　Let me just. see if I can summarize your testimony I Lisa A. Casey - Official Court Reporter INDEX NO. 652077/2017 FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 75 of NYSCEF DOC. NO. 331　RECEIVED NYSCEF: 05/08/2019 Ullman - for Plaintiff - Direct Sarnoff by 1　briefly. I have one ultimate question I would like tr ask 2　you, and can you please tell me if I've got anything wrong. 3　You testified he didn't show any U.S. assets or assetl in his. 4　own name; correct? 5　MR. HARMON: Objection, your Honor. This is 6　• just summarizing the testimony that's already in the 7　record. It's leading, it's 8　THE COURT: That's sustained. I've heard his 9　testimony. 10　MR. SARNOFF: Okay. 11　THE COURT: I don't need it summarized. Do 12　you have any other questions. 13　Did you believe Mr. Kwok's behavior Q 14　MR. HARMON: Objection. 15　with respect to his apartment was typica~? Q 16　MR. HARMON: Objection. 17　THE COURT: That's sustained as well. 18　Q Did you ever form a view about what Mr. Kwokmay 19　have been trying to accomplish with the apartment? 20　MR. HARMON: Objection. 21　THE COURT: That's sustained as well. 22　Thank you, Mr. Ullman. Q 23　MR. SARNOFF: I'll reserve any questions for 24　re-direct. Ullman - for Plaintiff. Cross by Harmon　75 1　CROSS EXAMINATION 2　BY MR. HARMON: 3　Good afternoon Mr. Ullman. Q 4　Good afternoon. A 5　I'm Mark Harmon. We haven~t met before. I Q 6　represent Mr. Kwok. 7　Mr. Ullman, would you say that Mr. Kwok's　English 8　is not very good? 9　A I -- yes. 10　And especially it wasn't good several years Q　ago. 11　It may have gotten better, but it certainly 12　It's gotten a lot better. A 13　THE COURT OFFICER: Allow the question　to be 14　completed. 15　THE WITNESS: Yes. Q A Q A Q A Q that the 24　event that a contract of sale is to be signed for the　sale　of 25　the apartment; is that correct? Lisa" A. Casey - Official Court Reporter FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 77 of 126 Ullman - for Plaintiff - Cross Harmon by 1　A That's correct. 2　You were given a copy of that 'order by the Q 3　plaintiffs here; is that correct? 4　A That's correct. 5　Q So if you knew, as the Chief Operating Offirer of 6　the Sherry-Netherland, that Mr. Kwok or Genever had entered 7　d I 1nto a contract of sale, would you so a V1se the Court? 8　Yes. A 9　Because you would want to comply with that? Q 10　Absolutely. A 11　Q Okay. Now you also said that you got served papers 12　I that indicated to you that Mr. Kwok had placed a pledge on 13　the apartment; is that right? 14　A That's correct. 15　Q And isn't it true, Mr. Ullman, that those papers 16　were delivered to you before the order was entered thit 17　required Mr. Kwok to give notice? 18　I don't know the answer to that question. A 19　MR. HARMON: Your Honor, this will be a 20　defendant's exhibit. Would you like us to start with A, 21　or Defendant's 1? I have them, but I just need to fill 22　in the exhibit number. 23　THE COURT: Exhibit 1? 24　MR. HARMON: Defendant's, Exhibit A or 1? 25　It's not pre-marked. Lisa A. Casey - Official Court Reporter 77 Ullman - for Plaintiff - Cross by Harmon 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I'm just asking your Honor for your preference in how we THE COURT: Did you hand up your exhibit book? MR. HARMON: No, your Honor. We have bne exhibit book, and then these are just for cross. This is - - THE COURT: I'm sorry? MR. HARMON: No, your Honor. THE COURT: Okay. So then I need a copy of the exhibit. MR. HARMON: I'm going to give it to you. THE COURT: Give it to the court officlr. MR. HARMON: We'll make it Defendant's A. (Whereupon, a document was handed to the Court. ) MR. HARMON: Your Honor, may I hand a copy to the witness? THE COURT: Yes. MR. HARMON: Thank you. (Whereupon, a document was handed to the witness. ) 22 Q Mr. Ullman, you have been handed what's been marked 23 for identification as Defendant's Exhibit A. Can you tell us 24 what it is? 25 A It's an email from my assistant to Ira GilbFrt, Lisa A. Casey - Official Court Reporter 78 Ullman - for Plaintiff - Cross by Harmon 1 copying me, regarding 2 Q Well, don't tell me what it's regarding. Is there 3 an attachment to the email? 4 5 A Q Yes. Is that attachment a copy of a letter that you 6 signed? 7 8 A Q That's my signature. Yes. In your official capacity as Executive vice 9 President and Chief Operating Officer of the 10 Sherry-Netherland; correct? 11 12 A Yes. MR. HARMON: Your Honor, I offer it as 13 14 15 16 17 18 Defendant's Exhibit A in evidence. THE COURT: Okay. It's received. MR. SARNOFF: No objection. Q Now, Mr. Ullman, would you like to take a look to your first and second paragraph of the letter? That' slpage two of the exhibit. 19 20 A Q Yes. Do you see that the corporation was provided with a 21 copy of the order on June 29, 2018? 22 23 A Q Yes. And approximately two months before that is when 24 the plaintiffs supplied copies of the documents to you about 126 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 25 their lawsuit with Mr. Kwok; is that correct? Ullman - for Plaintiff - Cross by Harmon　79 1　Yes. A 2　Q So the answer to my earlier question was whether 3　you received the information about the pledge before bhe 4　order was entered, and the answer is yes. 5　A Yes. 6　Q And you received it from the plaintiffs, is　that 7　correct? From the plaintiffs in this case? 8　A Yes. 9　Q I know you gave a fair amount of testimony　about 10　the putting together of the documents, amassing the 11　documents. I presume whatever financial information you 12　received from or on behalf of Mr. Kwok, you turned ov~r　to 13　the board. 14　That's correct. A 15　Q Is it fair to say that there was no informafion 16　that was given to you that you didn't give to the board? 17　A That's correct. 18　And then the board reviewed the information~ Q 19　A That's correct. 20　And the board then voted on whether or not to Q 21　accept Mr. Kwok as a apartment owner at the 22　Sherry-Netherland? 23　A That's correct. 24　And the board voted the first time that the Q 25　information was inadequate; is that right? Lisa A. Casey - Official Court Reporter FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 81 of 126 Ullman - for Plaintiff. Cross by Harmon　80 1　A　That's correct. 2　Q　And asked for additional information? 3　A　That's correct. 4　Q　And additional information was provided? 5　A　That's correct. 6　Q　The board received it? 7　A　Yes. 8　Q　The board voted? 9　A　Yes. 10　Q　The board approved? 11　A　Yes. 12　Q　The board knew there was a limited time period　that 13　Mr. Kwok　was giving in order to approve; correct? 14　A　Yes. 15　Q　And they voted to approve him as a tenant? 16　A　Yes. 17　Q　So they .knewhe had no U.S. assets; correct? 18　A　Yes. 19　QThey　knew he had no assets in his own name; 20　correct? 21　A　Yes. 22　Q　And they approved him as a cooperative owner? 23　A　Yes. 24　Q　They required a security deposit? 25　A　Yes. Lisa A. Casey - Official Court Reporter. by Ullman - for Plaintiff - Cross Harmon　81 Q　Mr. Kwok provided the security deposit? A　Yes. Q　As of this day, how 'much of a security deposit　has been used　to pay his maintenance charges? A　None. Q　So the person from whom Mr. Kwok purchased　the apartment,　do you know in what form that apartment wab　held? Do you know　who the owner was? A　Yes. Q　And who was the owner? A　It was Gilbert Haroche, and I believe it was　in an LLC. Q　So the apartment was purchased from somebody　who held the　apartment in an LLC; correct? A　Yes. Q　And Mr. Horvitz, in what capacity does he　own his apartment?　Doesn't he own this apartment through a　I trust? A　I don't know the answer to that, offhand. Q　There are many people in the Sherry who own　their apartment　through an entity; is that correct? A　Yes. Q　And the Sherry knew that Mr. Kwok was buying　the apartment　through an entity; correct? A　Yes Q　And they approved it? by Ullman - for Plaintiff - Cross Harmon 1　Yes. A 2　Now, you said that there came a time when Mr. Kwok, Q 3　or someone on his behalf, inquired about transferring the 4　apartment to his son? 5　A Yes. 6　Okay. And so that was an inquiry, How do we go Q 7　about doing that; is that correct? 8　Yes. A 9　Q And the Sherry-Netherland responded. You told 10　I Mr. Kwok how he should go about doing that, if he wanted to 11　do it; correct? 12　That's correct. A 13　And he didn't. Q 14　That's correct. A 15　So nothing ever came of it? Q 16　That's correct. A 17　And you said that. at some time Mileson, that's Q 18　Mr. Kwok's son, wanted to be the contact person? 19　A That's correct. 20　Who is the contact person now? Q 21　The contact person that I generally use is Brenda. A 22　Brenda Tsang, I think is her last name. ,23　Not Mr. Kwok? Q 24　No. A 25　Because Brenda speaks English well; correct? Q I Lisa A. Casey - Official Court Reporter Ullman - for Plaintiff - Cross by Harmon 1　A Brenda speaks English well, and I've been 2　instructed that that's who manages the apartment, and　if I 3　need to get in touch with someone, that's who I get in　touch 4　with. 5　And have you ever spoken to Mr. Kwok's son, Q 6　Mileson? 7　Only pleasantries. A 8　Only pleasantries. And when you speak to Q　him, how 9　is his English? 10　Like I say, I haven't spoken to him at length. A　His 11　English seemed to be fine. 12　He lives in London; doesn't he? Q 13　A It's my understanding. 14　And his English seems to be fine? Q 15　A I would say he is fluent in English. 16　He's fluent. Okay. Q 17　MR. HARMON: Can I have a moment, your　Honor? 18　I think that may be it. 19　(Whereupon, there was a pause in the 20　proceedings. ) 21　MR. HARMON: One more thing. 22　Q One more thing. Were you at the board meeting,　the 23　second board meeting, where Mr. Kwok's purchase apPlilation 24　was approved? 25　A I believe it was a telephonic board meeting,　and I Lisa A. Casey - Official Court Reporter　I Ullman - for Plaintiff - Cross by Harmon　B4 was, yes.　was on the phone call. Q　in that board meeting, did Mr. Horvitz　make a presentation　about someone who made a personal　I to support Mr.　Kwok's application? A Q　that was an architect in Taiwan? A　Taiwan or Hong Kong. I don't Q　who was known to Mr. Horvitz? A　I berieve that's correct. Q　that person vouched for Mr. Kwok? A　highly. Q　highly. And among the other documents　that were　in connection with the approval　there were　letters; weren't there? A　there were. Q　one of the reference letters was　by the former　Minister of the United Kingdom, Tony　Blair; "is that A　correct. Q　you. MR. HARMON: I have nothing else. RE-DIRECT BY MR. Q　Horvitz, I just have two follow up　questions. No. A　I'm not Mr. Horvitz. I And reference Yes. And Either remember. Somebody Yes. And Very Very submitted process, reference Yes, And submitted Prime right? That's Thank EXAMINATION SARNOFF: Mr. NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 86 of Ullman - for Plaintiff - Re-Direct Sarnoff by 1　No. Mr. Ullman. Sorry. Q 2　THE COURT: I'm sorry? 3　MR. SARNOFF: I said Mr. Horvitz. My jrror. 4　Q Mr. Harmon asked you questions about whether other 5　purchasers used an LLC to buy their apartment. Just fO be 6　clear, no one has used a double LLC, and no one has used a 7　foreign LLC. Is that fair? 8　That's fair. A 9　Q And Mr. Harmon asked you whether you unders~ood 10　that you would receive, that the Sherry-Netherland WOlld 11　receive notice if Mr. Kwok were to enter into a contrlct to 12　sell his apartment; is that correct? 13　A Correct. 14　But if Mr. Kwok transferred the ownership of the Q 15　foreign LLC that the ultimate owner, would the 16　Sherry-Netherland necessarily get notice of that? 17　We should get notice of it. A 18　But as it's set up now, if Mr. Kwok didn't tell Q 19　you, and went out and did that, would you get notice? 20　That wouldn't be something that happens through the 21　building; would it? 22　A Correct. 23　THE COURT: I don't understand. An apartment 24　l in the Sherry-Netherland can't transfer without pproval 25　of the Sherry-Netherland board; correct. Lisa A. Casey - Official Court Reporter INDEX NO. 652077/2017 FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM NYSCEF DOC. NO. 331　Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 87 of RECEIVED NYSCEF: 05/08/2019 by Ullman - for Plaintiff - Re-Direct Sarnoff 1　THE WITNESS: That's correct. 2　THE COURT: So if the owner of this apirtment 3　sought to transfer ownership of this apartment, that 4　couldn't be accomplished without the approval of the 5　Sherry-Netherland. 6　THE WITNESS: That's correct. 7　THE COURT: So what was the response to the 8　last question? 9　THE WITNESS: I 10　May I? Q 11　A Yeah. Go. 12　Q The ownership structure is that the New York LLC 13　that owns the apartment is owned by a B.V.I LLC that lwns the 14　New York apartment, that owns -- and Mr. Kwok is the lltimate 15　beneficial owner. 16　Whatf I was asking was whether or not, if Mr. Kwok 17　transferred, to some other party, ownership of the B.V.I LLC; 18　the board wouldn't necessarily know it. It wouldn't lnvolve 19　I a new purchase or sale agreement, and he could transfer the 20　LLC ownership to a third party, away from himself, an1 it 21　wouldn't be his any more, even though the SherrY-Nethirland 22　I board did not enter into a new purchase or sale contract for 23　the apartment. That was the 24 25 THE COURT: I don't think that's the witness's testimony. Lisa A. Casey - Official Court Reporter . Ullman - for Plaintiff - Re-Direct Sarnoff by 1　MR. HARMON: It's not. 2　A Go back and ask me the question again. 3　You would be involved if the LLC in New York were Q 4　to sell the property; correct? 5　A If the LLC, which Mr. Kwok controls, sells the 6　apartment, there would be a purchase-sale. Yes. 7　Q. But if the apartment is not involved in a purchase 8　'ore1gn fl,er, 1S"1 d' f b h or sa e, ut t e LLC 1nvo ve 1n a trans 1t 9　necessar1'I 'ld ' I wouldn't y come to your attent1on; wou 1t~ 10　No. A 11　THE COURT: But it wouldn't be binding. There 12　can be no transfer of an apartment. 13　THE WITNESS: Well, legally 14　THE COURT: As far as you understand, absent 15　I approval of the board of directors, no unit of the 16　Sherry-Netherland can be transferred to anybody. 17　THE WITNESS: That's correct. 18　MR. HARMON: Can I ask a few questions on 19　that? 20　THE COURT: I think I understand this, really. 21　It's not that complicated. Go ahead. Ask your 22　questions. 23　MR. HARMON: Thank you. I will be really 24　quick 25　Mr. Ullman, when somebody buys an apartment at the Q Lisa A. Casey - Official Court Reporter FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 89 of 126 88 Ullman - for Plaintiff - Re-Direct by Sarnoff 1 Sherry-Netherland, they are issued. a stock certificate; 2 correct? 3 4 A Q Yes. And the Sherry-Netherland keeps the records of who 5 the owner of that shock certificate is? 6 7 A Q That's correct. And in order for that stock certificate to be 8 transferred to another name, to be re-registered, the 9 Sherry-Netherland has to approve that. 10 A That's correct. 11 12 13 14 Q So if somebody came in and presented you with a stock certificate registered in somebody -- transferr~d to somebody else, the Sherry-Netherland would reject that; wouldn't it? 15 16 A Q That's correct. And the Sherry-Netherland would not issue a 17 proprietary lease to that person; correct? 18 19 A Q That's correct. So that the Sherry-Netherland, as far as you are 20 concerned, the owner is Genever, and Genever has the 21 proprietary lease, and that's the Sherry's position; correct? 22 23 24 25 A That's correct. MR. HARMON: Thank you. THE COURT: Okay. Next witness. (Whereupon, the witness was excused fr0m the I . Lisa A. Casey - Official Court Reporter Proceedings witness stand.) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 MR. HARMON:' Your Honor, I did ~ot wanr to speak out of turn, but I think the next w~tness ~s a presentation of a video deposition of Mr. Horvitl, and perhaps we can save some time if we could submit the transcript that plaintiffs and we have marked with our objections to various portions, and your Honor CfUld read the transcript, and we don't have to take up your time any more than -- THE COURT: No, no, no, no, no. I want to hear the whole case here and now. MR. HARMON: Okay. THE COURT: I don't want to go back ana start reading things, and objections. MR. HARMON: That's fine. 16 17 MS. SEARLES: I just had a question, clarification, because we haven't spoken about for I this 18 19 20 21 22 23 24 before. We designated and cross designated, and there were objections to certain select portions. My question to you is, did you put the cross designations, otr cross designations in that you did not object to? Is ~hiS part of this video presentation. MR. MOSS: We put all of your cross designations in. 25 MS. SEARLES: Okay. And you put all of yours I FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 91 of NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 126 > 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 90 Proceedings in, irrespective of objections on either side? MR. MOSS: Yes. MS. SEARLES: Okay. MR. MOSS: Yes. Everything you cross designated is in here, to the extent -- we are not playing the whole thing. Your Honor, this is Michael Horvitz. Michael Horvitz, you have heard, is the Chairman and prebident Sherry-Netherland. When Mr. Kwok applied to the board to purchase the apartment he submitted financial information. Mr. Horvitz reviewed that financial information lnd he I recommended to the board that they approve the purchase based on that financial information. First I jubt want to walk through some of his testimony, because I think it will be more efficient than the video, to just show you the 18 19 I don't THE COURT: I just want to hear the testimony. want any demonstratives. I've got two flet of 20 21 22 23 24 25 paper from the parties about this. MR. MOSS: Fair enough. THE COURT: This is an evidentiary hearing, so just present the evidence. MR. MOSS: All right. Mr. Horvitz's testimony. Lisa A. Casey C Official Court Reporter Proceedings (Video tape played.) 2 MS. SEARLES: I'm sorry to interrupt. I'm 3 4 having a hard time -- I thought you said designations and cross designations were that aU of the in the)e, but 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this is not -- are you not playing it in order? MR. MOSS: No. Everything you countered designated, we have put in, to the extent we are not playing all of our designations. That would take 45 minutes. MS. SEARLES: Okay. MR. MOSS: This is a select clip, and to the extent we are playing something that you counter designated, we are playing your counters. MS. SEARLES: Okay. The only issue I'm having ~s, thatId' es~gnate d'qu~te a b't~, and' ~t's ~mposs~ , I 'ble for me to figure out what page you are playing hlre. MR. MOSS: Okay. MS. SEARLES: I mean, that is clearly started halfway through the day. MR. MOSS: Okay. I'm happy to -- the page numbers and lines are right there. I'm happy to give you -- MS. SEARLES: I can't see the page number. I can see the line numbers. That may be the issue I'm having. NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 126 Proceedings MR. MOSS: Okay. It's page 64, 65, and 67. 2　THE COURT: Look, considering the quality of 3　the firms involved here, I'm a little bit perPleLed. If 4　you are going to exhibit a deposition, you are gbing to 5　exhibit everything that you have designated, and 6　everything that they have designated, in sequence. 7　MR. MOSS: Yes. 8　THE COURT: To the extent that there a;r-e I 9　[' objections that are asserted at the deposition, 10　.1. rule on whether the portions that you are exh~b~t~ng can 11　or cannot evidence. come into 12　MR. MOSS: It's not quite right, your Honor. 13　I We both designated. It would take probably an hour to 14　play everything that we have designated. We. are only 15　playing a 10-minute clip of a portion of what we have 16　designated, because it would take too long to play the 17　entire thing. 18　MR. SARNOFF: And everything that she 19　designated. 20　MR. MOSS: And everything 21　MR. HARMON: Why isn't the transcript being 22　MS. SEARLES: My understanding was that they 23　intended to offer everything that they Originallt 24　designated. 25　MR. MOSS: Our understanding is that all of I FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 94 of Proceedings 126 1　the testimony that has been designated is in evi~ence. 2　THE COURT: Look, Mr. Horvitz is up at the 3　Sherry-Netherland; right? 4　MR. MOSS: Yes. 5　THE COURT: You could have had him come here; 6　right. 7　MR. MOSS: Oh, no. He lives in Cleveland. 8　THE COURT: I'm sorry? 9　MR. MOSS: He lives in Cleveland. He is the 10　president of the board, but he resides and lives full 11　time in Cleveland. 12　THE COURT: Okay. 13　MR. MOSS: He is unavailable. 14　THE COURT: So he's an out-of-state witness. 15　MR. MOSS: Yes. 16　THE COURT: And therefore, are you playing his 17　deposition. 18　MR. MOSS: Correct. 19　THE COURT: Have you been able to come to an 20　agreement as to how you are going to exhibit the 21　portions of the deposition that you want me to see? 22　MR. MOSS: Well, our understanding was that we 23　have designated it, and your Honor has the designations, 24　so that to the extent there weren't objections, !hat 25　would be in evidence. We were only going to Pla~ a I FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 95 of 126 Proceedings 1　selection of that today, because playing the entire 2　thing would, again, take an hour. 3　THE COURT: I'm only going to consider what I 4　see in this court. 5　MR. MOSS: Okay. 6　THE COURT: Those are my rules. So go ahead. 7　MS. SEARLES: Just so that I do not get up and 8　interrupt again, I want to make it clear, we havl 9　multiple relevance objections to some of this tebtimOny 10　that's coming in. Do you want me to 11　THE COURT: Well, if they weren't asserted at 12　the deposition 13　MS. SEARLES: Relevance is not a deposition 14　objection, so 15　THE COURT: All right. Just proceed. 16　(Video tape played. ) 17　MR. HARMON: Objection, your Honor. 18　THE COURT: I'm sorry? 19　MR. HARMON: I object. He is summarizing more 20　testimony that's not before you. 21　THE COURT: Overruled. 22　(Video tape played. ) 23　MR. HARMON: Objection, your Honor. 24　Relevance. 25　THE COURT: That's overruled, Proceedings (Video tape played.) MR. HARMON: Your Honor, excuse me. Your Honor, in doing this, they have X-ed out Objectibns to form that were made during the course of this teltimOny, so that you don't see them and you don't hear thlem. THE COURT: L00,k I may be m~ss~ng " somiI th'~ng. I just heard the last witness testify that the apartment is owned by Genever and that it can't be transfelred to anybody other than Genever without the approval bf the h h k d f ' I I, board, so w et er Mr. Kwo rnae up a a~ry ta e ~n some h h k' k' l'bl other context, or w et er Mr. Kwo ~s ta ~ng ~ ert~es . with the truth isn't really relevant to who owns this apartment. (Video tape played.) MR. MOSS: Our next witness is Mr. -- THE COURT: Do you have cross designations for 17 this deposition? 18 19 20 21 MS. SEARLES: Yes. I just wanted to make two quick points. First of all, the objections that I made during the deposition were excised from the video, so there were, at least, a couple of objections. 22 23 THE COURT: Okay. I would have overruled them all any way. 24 25 MS. SEARLES: And that's fine. I just wanted to make that point for the record. Proceedings NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 1　The other part was, he indicated that it was 2　designations and cross designations. As you notlced, 3　there were no cross designations in there becaus~ the 4　sections of the testimony that he used don't inc~ude the 5　ones where we have cross designations, so all of our 6　cross designations occurred at different parts of this, 7　but he is an unavailable witness, so I don't thihk they 8　are cross decisions in the normal sense for 9　completeness. We just designated our own sections. 10　THE COURT: He probably has the abilit~ to 11　exhibit anything you want from the deposition, t~ 12　-- present as 13　- - MS. SEARLES: And I apologize 14　MR. MOSS: And we offered that. 15　THE COURT: as cross examination. 16　MR. MOSS: We offered that in advance. 17　MS. SEARLES: No. I apologize, because when 18　you indicated that it was going to be 19　THE COURT: Let's not squabble about who said 20　I what to whom. If you want to play any portion of this 21　I deposition, you are entitled to do so, and he will 22　graciously accommodate you by playing whatever pbrtions 23　of the deposition you want played, if any. 24　MS. SEARLES: Okay. Give me just one second, 25　Imake your Honor, because some of this isn't going to as I Lisa A. Casey - Official Court Reporter 1 2 3 4 5 6 7 8 9 10 97 Proceedings much sense without the actual portion that the plaintiffs.have designated. You have, in front of you, you have thj -- THE COURT: I'm not reading anything that isn't presented to me. MS. SEARLES: And that's fine. We'll dust let it be. Thank you. THE COURT: Okay. Next witness. MR. MOSS: We'll call Mr. Kwok. THE COURT: Do we have an interpreter for FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 98 of 126 > 11 Mr. Kwok? 12 13 THE CLERK: Official Court Interpreter, please note your appearance. 14 15 16 THE INTERPRETER: Mandarin Chinese Interpreter, first name Tor, T-O-R, last name Huang, H-U-A-N-G. 17 18 (Whereupon, the Official Court Mandarin Interpreter was duly sworn by the clerk.) 19 20 21 K WOK HOW A N, having been duly sworn by the clerk, was examined and testified as follows, with the assis~ance of. the .Official Court Mandarin Interpreter. 22 23 24 25 THE CLERK: Do you swear or affirm to tell the truth in all the matters before the Court? THE WITNESS: As well, I say, it's true. THE CLERK: Please state your name and FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 99 of 126 Proceedings 1　address. 2　THE WITNESS: Kwok Ho Wan K-W-O-K H-O , 'I ' 3　W-A-N. That's my name, and I live at Fifth Avenue. 4　THE COURT OFFICER: Have a seat. 5　THE COURT: All right. I don't want to waste 6　a lot of time. The reason that we are having thls 7　hearing is for you to satisfy your burden for an order 8　of attachment, one element of which is that the 9　defendant, with intent to defraud his creditors, to 10　frustrate the enforcement of a judgment that might be 11　rendered in plaintiff's favor, has assigned, 12　dispossessed, encumbered or secreted property, or 13　removed it from the state, or is about to do any of 14　these acts. So if it's the case that this apartment at 15　I the Sherry-Netherland can never be transferred without 16　the consent of the Sherry-Netherland, and the 17　Sherry-Netherland is on notice that if there's any 18　attempt to sell it, you have to be provided advahce 19　notice, and they can't transfer without Court apbroval, 20　I don't think we need a lengthy examination of Ml. Kwok. 21　I MR. MOSS: Well, your Honor, given that 22　that's new information that we heard for the firlt time. 23　THE COURT: I'm sorry. 24　MR. MOSS: 25　the first time today, Lisa A. Casey - Proceedings 1　status. Maybe it makes sense to take our lunch break 2　earlier, for me try to move through, edit my outline, 3　and try to do a lot less with Mr. Kwok than I wal 4　I originally intending to do, given that that's YOir view. 5　I'm happy to start now, but I think I can condense it 6　significantly. 7　THE COURT: All right. You want to take a 8　I lunch break now'? Is that what you're telling me'? 9　MR. MOSS: I think that would probably be less 10　of a waste of time for everybody. 11　THE COURT: All right. Because I'm not 12　, d 1n' wast1ng, 'd c1,11ent's 1ntereste you your t1me an your 13　money, and I'm not interested in you wasting my lime. 14　MR. MOSS: Of course. 15　THE COURT: I'll see you back here at two 16　o'clock. Is that acceptable'? 17　MR. MOSS: Sure. fine, That's your Honor. 18　I THE COURT: Is that acceptable with you, Paul'? 19　THE CLERK: Yes. Thank you. 20　THE COURT: Okay. Is that acceptable to the 21　court reporter'? 22　THE COURT REPORTER: That's fine. Thank you. 23　THE COURT OFFICER: tb 2:00 We are adjourned 24　p.m. 25　(Whereupon, a recess was taken.) Lisa A. Casey - Official Court Reporter t Proceedings 1　* * * * * * 2　THE COURT: right. In this action, do the All 3　plaintiffs propose to proceed on the guarantee that's 4　the subject of this action? 5　MR. MOSS: Yes, your Honor. 6　THE COURT: And what is the position oiE the 7　plaintiffs with respect to the piercing of the cbrporate 8　veil issues? 9　MR. MOSS: Well, as your Honor has requested, 10　we have amended our complaint to add the Genever 11　entities. 12　THE COURT: I'm sorry? 13　MR. MOSS: We have amended our complaint to d h add the two Genever ent~t~es, an our pos~t~on ~s t at 15　we pleaded facts in the amended complaint SUfficlent to 16　make the claim for veil piercing. 17　THE COURT: right. But you are not All 18　propos~ng. bl'~sh ve~.I " th'~s hi.ear~ng. to esta p~erc~ng at 19　1 MR. MOSS: Yes, we are, your Honor. We are 20　proposing to do both. We have amended the compllint as 21　you've suggested, and as I laid out in the openibg, veil 22　piercing is one of the things that we intend to ~rove 23　today. 24　MR. HARMON: Your Honor 25　THE COURT: With respect to the defendant, is I FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 102 of 126 101 Proceedings 1 2 3 4 5 it the defendant's position that Mr. Kwok residence in the Sherry-Netherland on the and accurate information? MR. HARMON: Submitted to the Sherry-Netherland? purchased the basis bf true 6 7 8 9 THE COURT: I'm sorry. MR. HARMON: Are you asking whether position is that the information submitted to Sherry-Netherland was true and accurate? 10 11 12 13 14 15 16 THE COURT: MR. HARMON: THE COURT: Mr. Kwok's deposition MR. HARMON: THE COURT: MR. HARMON: Yes. Yes. Therefore, you also claim that testimony was true and acclrate? Yes, your Honor. At the time that it was given. Yes, your Honor. 17 18 THE COURT: And inadvertently pledged the you also contend that Mr. Kwok residence to another ehtity 19 20 21 22 23 24 25 after this litigation was initiated, and when he realized that he. was not entitled to transfer, pledge, I the residence, he arranged for the pledge to be removed. I MR. HARMON: I don't think I can answer your question the way you asked it. The pledge has blen removed. I don't think I'm in a position to ansLer the rest of your question, but I do want to be clearl your Lisa A. Casey - Official Court Reporter I Proceedings of 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Honor, that plaintiffs have just recently amendea their complaint. The issue has not been joined on the amended complaint. We have not yet begun to conduct discovery on the merits of the claim. Everything has been directed to the question of the attachment, and so I'm I assuming, and I raised this at the last oral argument, I that once this issue was to be set aside as to whether I or not there will be an attachment, or whether the current order of the Court provides more than adkquate protection to the plaintiff, whether or not they have met the attachment standards, that we will get on and start conducting discovery on the merits, and thlt what we have been doing so far is litigating whether ~r not plaintiffs have established entitlement to attachment, but nothing more than that. No ultimate findingb of fact or conclusions on the merits of the case, bkcause we are only dealing with the attachment issue at this tiine. 19 20 THE COURT: veil piercing, won't Well, if the plaintiff establishes that have some impact on whlt 21 orders the Court should consider issuing? 22 23 24 MR. HARMON: So the short answer is of course, but the longer answer is that I don't think the Court has to reach a final determination of whether or not the 25 plaintiffs have established veil piercing in order I to Proceedings 1　decide .whether or not the attachment is appropriate or 2　not. The standards for determining proof at thil stage 3　are not the same as the standards for ultimate 4　determination, and so I would say that whatever rUling 5　you make regarding the questions now before you would 6　not represent final rulings on the merits of the case, 7　which still is yet to come, following our completion of 8　discovery. 9　So to be clear, your Honor, because of the way 10　that your Honor phrased the reasons for conducting an 11　evidentiary hearing, it was not our intention to go into 12　detail in depth about the veil piercing issue. [ 13　understand that you could grant the attachment wlthout 14　making a final determination, but we were not hele today 15　prepared to put on all of the evidence regarding veil 16　piercing. 17　THE COURT: All right. Do we have any THE COURT: All right. Do we have any estimated time of arrival of the interpreter? 19 20 21 22 THE CLERK: No. Just that one was ordered at about 1:00 in the afternoon, and they are coming from the Bronx. They were ordered, I got the email, at 12:51 p.m. 23 24 THE COURT: Okay. So we shouldn't have to wait too much longer. > Let me ask the plaintiff, as a practical . I Proceedings　104 1　matter 2　MR. MOSS: Yes, your Honor. 3　THE COURT: -- how are you better off　if an 4　attachment is issued, which is purely discretionary? 5　MR. MOSS: Better off than with the　nOfice 6　order in place? Your Honor, better off between　fhe 7　attachment or the notice order? Is that the　question? 8　THE COURT: Yes. 9　MR. MOSS: I think that the main problem,　or 10　one of the main problems, with the notice order　ks that 11　under the notice order, Mr. Kwok -- I have it ribht 12　here has to provide us with immediate written　notice 13　once he already has a contract for sale, or　assignment 14　of the residence. So at that point, he has alrekdY 15　agreed to sell it to somebody. They may have a　flaim 16　against the apartment, even if the Sherry-Netheriand 17　doesn't approve it. 18　Second, it doesn't apply to transfers　if 19　Genever, and I know the Court -- and I understana,　as a 20　practical matter, if Genever -- that there are　tLo 21　Genever entities on top of the apartment. If oni　of 22　those, or both of those, are transferred, then　tLiS 23　order doesn't apply to that. The Sherry-Netherland　I 24　wouldn't know about that. In fact, the apartment　I the Lisa A. ~asey - Official Court Reporter I Genever entities, their assets, which include thi Proceedings 1　apartment, have been pledged during this case, and 2　nobody knew about it. So if .the order were broarened to 3　include transfers of the Genever entities, PledgjS, 4　assignments, sales, and done. so before the transfer, 5　that would take care of one of the problems. 6　The other problem is the Zhang Wei testimony. 7　The testimony is that Mr. Kwok has said he doesn't own 8　the apartment, somebody else does, Zhang Zhjng Wei, Wei 9　is the one who pledged it, and Zhang Wei can apparently 10　do whatever he wants with the apartment. So the concern 11　is that 12　THE COURT: No, no, no. The legal owner of 13　I I the apartment is the Genever LLC, which, as understand 14　I it, is a sole member LLC owned by Mr. Kwok; correct? 15　MR. MOSS: Well, it's a little 16　THE COURT: And then the Genever entity is, in 17　turn, owned by another Genever LLC. 18　MR. MOSS: And Mr. Kwok owns that one. 19　THE COURT: And Mr. Kwok is the sole member of 20　that one. 21　MR. MOSS: Correct, your Honor. 22　THE COURT: So the only entity that can 23　transfer ownership of the apartment is the Genevlr 24　entity that holds title; correct? 25　MR. MOSS: That should be the case. FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 107 of 126 Proceedings Honor. 2 3 title to THE COURT: , And the Genever entity that owns the apartment can only transfer it witd the 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approval of the board of directors of the Sherry-Netherland; correct. MR~ MOSS: Well, the Genever entity, the New York'entity that owns the apartment, is controlled by the British Virgin Islands entity. THE' COURT: I get all of that. But tHe title to the apartment is in the Genever entity. MR. MOSS: Yes. THE COURT: That is in New York, and is listed on the records of the Sherry-Netherland as the owner of the apartment. MR. MOSS: Correct, your Honor. THE COURT: And that entity can't sell the apartment without giving notice; correct? MR. MOSS: Well, the current order is ihat - the defendant which, at the time that this was entered, we hadn't amended, so it was Mr. Kwok must provife -- THE COURT: Okay. So at a minimum, I have to amend the prior order precluding Mr. Kwok, Genevlr New York, and Genever B.V.I. from transferring, assi6ning or pledging the apartment without giving you notice, and the Court will so order that, and we'll prepare an order Lisa A. Casey - Official Court Reporter I ---\_.\_-------- Proceedings NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 of 126 to that effect. Now, assuming that order is entered before the sun goes down today, why do you need an attachment, assuming all of the following: Mr. Kwok denies rhe existence of the debt owed to the plaintiff -- and this is assuming, without deciding any of these thingls. MR. MOSS: Of course, your Honor. 8 9 THE the residence COURT: Assuming that Mr. Kwok purchased under false pretenses; assuming thlt some 10 11 12 13 14 15 16 17 18 19 mysterious Chinese political prisoner, Zhang Wei, W-E-I, controls Genever; assuming, without deciding, that Mr. Kwok lied about a potential pledge of the relidence to another entity after this litigation was initlated; assuming, without deciding, that Mr. Kwok lied ar his deposition, that he never attempted to assign the residence to his son; and assuming, without deCibing, that Mr. Kwok was improperly directed by counsel not to answer questions regarding.his intent to sell the residence. How are you prejudiced? 21 22 23 24 25 MR. MOSS: Other than -- I don't t~ink we are, your Honor. Obviously, we would prefer the attachment. It's a property interest. We think that we have met, and can meet, the burden, but if that's how your Honor wishes to proceed, you know, I don't have -- Lisa A. Casey - Official Court Reporter Proceedings 1 2 3 4 THE COURT: I haven't decided facts, but I am going to issue an order I just indicated, and does that obviate to proceed to any of those along tJe lines the need for us 5 6 MR. SARNOFF: May I question? Would we therefore also just ask one related assume that the motion is 7 8 sort of suspended, and we can renew it at such time as any of those -- 9 10 THE COURT: Well, prejudice to you seeking an of course this is wiihout attachment if and when you 11 12 13 14 15 16 17 18 19 get notice of any intent by any of the three persons or entities that I've just identified to sell, pledge, assign or otherwise transfer the residence. MR. SARNOFF: I think under those conditions, your Honor, we would be amenable to such an orde~ and to the suspension or withdrawal, at this point, of bur attachment m9tion. THE COURT: Okay. Now, do defendants have a problem with any of this? 20 21 MR. HARMON: solved the problem, I If I thought that that would have will have suggested it a lbng time 22 23 24 25 ago, so the answer is no, I have no problem with it. I do want to be clear, however, that the without prejudice to renew the attachment is not just whenever the~ feel like it, or whenever they think they have more e~idence, Proceedings of 126 but when they are given notice that a potential transfer may be taking place, so that we don't THE COURT: I don't going to reveal in this case, complaint know what discover¥ is based on the amendLd MR. HARMON: But your Honor -- THE COURT: -- and I don't believe thai the plaintiffs poc~ets are deep enough to come running back here seeking an attachment unless they have some greater basis for doing so than they presently have. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HARMON: I think you would be surprised, and I said this at the last oral argument, I didh,t know why they made the second application, given the lelief that your Honor had fashioned for them in the filst I application, which was relief they hadn't even asked for. So I didn't understand the need for the se~ond application, and if somebody had said to us, Weli, let's include the entities, we would have said fine. kt's an I injunction. We'll abide by the injunction. So that's why I'm saying, I just want to be clear that we lre I going to move from here to merits discovery, so we can get on with trying to deal with the issues that lre the heart of the case and not just whether or not thiy will I be able to 'collect against the Sherry apartment if and when they ever get a judgment. Lisa A. Casey - Official Court Reporter , FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 331 RECEIVED NYSCEF: 05/08/2019 Case 22-50073 Doc 404-17 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 111 of 126 > 1 110 THE COURT: But they don't have a judgment. 2 3 4 5 MR. HARMON: Exactly. THE COURT: All right. To simpler, and to avoid an application the order that' I'm going to enter is make this eren for any attachment, going to aliso 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 require the defendants to give notice if Genever New York or Genever B.V.I. wishes to sell or transfe~ any of its assets. So B.V.I. can't sell --'I'm sorry benever , I B.V.I. can't sell Genever New York to another LLC without giving notice. MR. HARMON: That's fine. MR. SARNOFF: And cannot pledge it, either. And also cannot pledge it. THE COURT: Yes. Right? So are we done? MR. MOSS: I think we are. MR. SARNOFF: Yes, your Honor. Thank you. MR. MOSS: Thank you. THE COURT: Okay. Have a nice afternoon and a nice weekend. MR. MOSS: You too. Thank you. 21 \* \* \* \* \* \* 22 23 24 25 Certified to be a true and accurate e above-entitled m tter. Senior Court Reporter Lisa A. Casey - Official Court Reporter Pacific Alliance Asia v. NYSCEF DOC. NO. 331 Kwok HoWan　RECEIVED NYSCEF: 05/08/2019 of 126　April 26, 2019 I address (10)　58:18;67:14　18,22;39:2,11,14,19;　April (2) \$　17:4,6;20:3,6,7,8,　agreed (3)　40: 18;41 :21 ;43:5,7;　I 49:7;51: 12;56: 10;70: 10;98: I　12: 14;21 :6; I04: 15　44:4,6,7;46:3;55:4,　architect (I) addresses (I)　agreement (12)　18;56: 12;57: 17;　I 84:6 \$3.3 (2)　16:8　7:11;11:11;45:16;　58: 12;59:7;61 :7,10;　argue (I) 61:21;63:24　adequate (3) \$60 (3)　61 :23;67: 17,25;68:2,　64:6,11,15;65:15;　71-13 I - I 21 :2;22:4,23　62: 18,20; 102:9　7,18;70: 19;86: 19;　66: 1;67:3, 15;68:8,14,　argued (2) adjourned (I)　93:20　21,21 ;69:2;70:6,12,　I 16:21;45:12 A　99:23　agreements (I)　13,17,18;74: 15,19;　argument (6) administrative (I)　67:16　75:25;76: 13;79:21;　I 24:21;44:2,16; abandon (2)　67:4 -　ahead (7)　81:7,7,13,14,17,17,　: 45:21;102:6;109:12 49:21;51:3　administrator (5)　29: 15;34:7;62: 12;　20,23;82:4;83:2;　arguments (2) abide (I)　27:3,4;39:7;42:6;　63: 14;66: 17;87:21;　85:5,12,23;86:2,3,13,　I 32:14,16 109:19　47:1　94:6　14,23;87:6,7,12,25;　around (4) admissible (I)　akin (I)　90: 11 ;95:7,13;98: 14;　20:23;48:25;55: 19; ability (I)　26:20　56:25　104: 16,21,24; 105: I, 96:10　admitted (3)　70:25 I able (5)　Alliance (I)　8,10,13,23; 106:3,7,　arranged (I) 31: 19;49:8;72:23;　12:22;24: 10;41: 17　2:2　10,14,17,24; 109:24　I 101:21 93:19;109:24　admonitions (I)　allow (3)　apartment's (2)　arrested (I) absent (I)　13:19　8:20;66: 17;75: 13　30: 14;98:25　I 48:17 87:14　adult (I)　almost (3)　apologize (3)　arrival (I) absolutely (4)　50:24　20:11;47:3;52:23　41:9;96:13,17　I 103: 18 5:20;73:7,11;76:10　advance (3)　along (3)　apparently (I)　Asia (I) abuse (2)　73:20;96: 16;98: 18　34:6;56: 17; 108:2　105:9　I 2:2 adverse (I)　amassing (I)　appear (2)　aside (I) 4:16;14:21　54:6 accede (I)　79:10　14:8;50: 13　I 102:7 64:2　adversely (I)　amazing (I)　appearance (I)　asserted (2) accept (2)　9:8　58:15　97:13　I 92:9;94: II 14:6;79:21　advise (I)　amenable (I)　appearances (2)　asset (2) acceptable (3)　76:7　108:15　2:4,11　I 7:2;24: 17 99: 16,18,20　advising (I)　amend (I)　application (13)　assets (16) access (I)　72:4　106:22　7:22;57: 12;59: 13;　I 6:8,9,20; II :25; affidavit (41)　amended (8)　60:2,24;62:22;65: 13,　, 37:3;60:10,14,17,18; 20:9　5: 17;23:2,12,18;　100: 10,13,15,20; accommodate (I)　23;83:23;84:4;　61:13;62:19;74:3,3; 96:22　25:8,9,12,14;26:20,　102: 1,2; 106:20;　109:13,15,17　80: 17,19; 104:25 I accomplish (2)　23,25;27: 1,17;28:24;　109:4　applications (2)　assign (3) 67:11;74:19　31: 10;35:7,23,25;　America (2)　58:12;63:10　I 6:25;107:15; accomplished (2)　36:2,3,6,8;40:11,16;　49:4;51: 14　applied (2)　108: 13 I 32: 19;86:4　41: 15, 15,23;42: 1,2;　American (2)　59:6;90:10　~ssigned (I) accurate (3)　44: 12, 16;46: 10, 12,　14: 15;47:5　apply (2)　I 98:11 101:3,9,13　21 ;53:7,9,15,25;　Americans (I)　104: 18,23　assigning (I) 54: 10,20;73: I　15:12　approach (I) across (I)　affidavits (I)　among (2)　I 106:23 6:19　42:4　17: 12　~ssignment (I) acting (2)　52:4;84: 12　approached (I)　I 104: 13 3:25;64: 10　affirm (I)　amount (4)　64:15　assignments (I) action (4)　97:22　3:20;61: 19;62: 17;　appropriate (2)　I 105:4 3:19;68:11;100:2,4　afternoon (3)　79:9　45:12;103:1　assistance (I) actions (I)　75:3,4;103:20　and/or (I)　approval (II)　I 97:20 68:10　afterwards (2)　46:1　6:7;7:23;58:14;　~ssistant (2) acts (I)　27:23;59:20　answered (3)　65: 17;84: 13;85:24;　I 5: 14;77:25 Again (IS)　10:8;66:6,10　86:4;87: 15;95:9;　associates (I) 98:14　4:21 ;26:8;37:6;　anymore (I)　98: 19; I06:4 actual (2)　41 :9,25;43:4;45:20;　I 11:24 44:9;97: 1　43:8　approve (6)　assume (I) actually (9)　47: I ;51: 1,1, I ;67: 13;　apartment (129)　7:21;80:13,15;　I 108:6 3:8;8: 12;23:25;　87:2;94:2,8　4:2;5:23;6:2,12,25;　88:9;90: 13; 104: 17　assuming (9) 41: I0,23;43:8;54:17;　against (2)　7:9,13;8:21; 10:20;　approved (5)　102:6; I07:2,4,6,8, 62:5,14　104:16;109:24　14:2,3,11,12;15:3;　61:3;80:10,22;　9,11,14,16 add (2)　ago (7)　18:25;19:4,17;20:20,　81 :25;83:24　1 asylum (I) 7: 19;42:3;55:20;　24;23:8;27:11,18,22;　approving (I) 100:10,14　61: 12;70: 16;75: 10;　28:7,15,17,18,19,23;　114:17 addition (I)　108:22　58:12　~ttach (2) 29:4,6,9,17;30:7,17;　approximately (4)　I 23:8;24:21 4:12 additional (2) 80:2,4　agree (5) 9:21; 14:5;49:21;　32:21 ;33:2,9,10, 12, 13,21 ;34: 19;37: 16,　61 :21 ;63:21 ;64: 1; 78:23　attached (3) I 6:23;40: 15;41: 15 Min-U-Scl'ipt@ (I) \$3.3 - attached FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM　INDEX NO. 652077/2017 NYSCEF DOC. NO. 331　Case 22-50073 Pacific Alliance Asia v.　Doc 404-17 Filed 05/20/22　Entered 05/20/22 11:52:18　Page 113 RECEIVED NYSCEF: 05/08/2019 Kwok Ho Wan　of 126　April 26, 2019 attachment (34)　54:11,18,22;90:14;　board's (I)　buys (I)　I 8:24;75: II 2:25;3: 17,22,23;　109:4　65:19　87:25　certificate (4) 4:24;5: 15,18;8: 18;　basic (I)　book (6)　BVI (8)　I 88:1,5,7,12 9:2;10:14;11:21;　10:II　12:19;41:13,14;　34: 16, 17,23;45:9,　chairman (2) 13:21;24:6;25: 15;　basically (2)　69: 12;77:3,5　12;86: 13, 17;106:23　I 58:10;90:8 44: 18;46: 15;78:3,5;　31:18;59: 17　both (6)　chairperson (I) 98:8; 102:5,8, 11,14,　basis (2)　10:22;22: 13;60: 17;　C　I 57:24 17;I03: 1,13;104:4,7; 107:3,22; 108: 10,17,　101:2;109:10 began (I)　92: 13;100:20; I04:22 bottom (I) ,　challenge (2) 24;109:9　63:3　20:17　call (4) 16:22;66: 19;84: I;　I 13:13;14:21 change (3) attempt (I)　beginning (I)　bought (I)　97:9　I 51: 10;66:20;67:7 98:18　51:22　14:II　came (11)　changing (I) attempted (I)　begun (I)　boyfriend (2)　33:2;48:7,8;49:8,　I 62:21 107:15　102:3　50:1,4　25;51: 14,21 ;52:22;　charge (2) attempts (I)　behalf (7)　breached (I)　82:2,15;88:11　I 40:22,25 4:2　19:3,16;23:4,5;　7:10　camera (I)　charges (2) attend (I)　64: 10;79: 12;82:3　break (2)　50:22　I 61:18;81:4 27:25　behavior (2)　99:1,8　can (57)　chase (I) attention (8)　9:12;74:13　Brenda (4)　9:16,20;12:25;　I 6:19 20: 16;26:6;28:24;　behind (I)　82:21,22,25;83: I　14:10;15:11,13,13;　Chief(3) 40: 14,21;69:8, 17;　56:17　brief (5)　24: 13, 15;25:4,7, I0;　I 56:23;76:5;78:9 87:9　Beijing (4)　5:8;69: 14,18;70:5;　26:6,9,16,18;27:2,15,　China (11) attorney (7)　33: 10,12;48:7,8　72:25　16;28: 17,20;31 :5;　14:17, 19,24; 15:9; 27: I;28:9;33: 19;　beneficial (I)　briefed (I)　34:4,5;40: 10;42:23;　48:25;49:2,2,9,10; 42:9;46: I;58:8;64:25 audio (3)　86:15　3: I　43: 17;46:7, 18;47:25;　50:13,15 11:22,22; 12:5　best (I) 9:12　briefing (I) 4:10　52:23;59:3;61 :2; 64: 15;66: 12;69:8;　Chinese (17) authentic (2)　betray (2)　brieny (5)　72: 17,19;73:25;74:2;　14:18,20;20:9; 30:25;35: I0;42: 15; 12:4,21　49:20,20　5:11;7:17;11:4;　77:23;83: 17;87: 12,　47:2;48: 18;49: 16; authenticate (I)　better (7)　16:15;74:1　16,18;89:5;91 :24;　50:6,14,20,25;59:23; 69:20　48:2;75: 11,12,16;　briefs (2)　92: 10;98: 15;99:5;　75:20;97: 14; 107: 10 authenticity (3)　104:3,5,6　II :5,6　101:22; 105:9,22;　choice (I) 12:6; 13:13;43:20　big (I)　bring (3)　106:3; 107:24; 108:7;　I 47:2 available (I)　7:10　15:21;58:17,18　109:21　Citizen (I) 8:3　bigger (I)　British (I)　cancel (I)　I 14:15 Avenue (I)　50:24　106:8　63:5　City (2) 98:3　biggest (I)　broadened (I)　capacity (2)　I 51:12;59:1 avoid (4)　6:16　105:2　78:8;81:16　claim (4) 5:15;11:15;44:13;　bills (2)　broker (3)　caption (I)　1100:16;101:12; 46:15　52:17,21　19:1;58: 16;64: 14　11:23　102:4;104:15 aware (I)　binders (I)　Bronx (I)　care (2)　clarification (3) 75:22　43:21　103:21　13:18;105:5　I 19:13;32: 10;89: 17 away (2) 42:24;86:20　binding (I) 87:11　brother (5) 48~14,17;50: 10, 12,　case (22)　clear (18) ax (I)　bit (6)　19　4:1;9:2;10:8; 12:II; 16:II ;23:2,20;　5:4;9:18;12:15; 17:3;22:3;24:4; 73:5　47:7;51: 10;52:25;　brothers (2)　28:9;31: 19;33: 15,17;　33:22;41 :25;45:5,17; 56: 16;91: 15;92:3　18:7;48:20　47: 18;70:4;79:7;　55':3;56: 10;85:6; 8　bite (I)　build (I)　89:11;98:14;102:16;　94:8; 101:25; I03:9; 15:15　52:12　103:6;105:1,25;　108:23;109:20 back (15)　Blair (I)　building (4)　109:4,23　clearly (2) 15:14;19:11;48:2,　84:17　6: 12;58:20;67: 16;　caselaw (I)　I 38:7;91:18 7,8;49:9;50: 15,16;　blank (2)　85:21　9:18　CLERK (IS) 51:21;52:23;63:4;　30:23,23　burden (2)　cases (4)　2:1,11;17:2,3,7; 87:2;89: 13;99: 15;　board (36)　98:7;107:24　4:4,20;5:2;24: 18　56:8,9,13;97: 12, 18, 109:8　7: 18,23;57: 16,21;　business (3)　casual (I)　19,22,25;99: 19; background (4)　58:11,19,22;59:15,　15:9;18:11;57:9　25:25　103:19 39:9;47:4,16;58:6　22,24;62:4,8,13,17;　businesses (I)　Cause (I)　Cleveland (5) bad (I)　79: 13,16, 18,20,24;　18:4　3:19　17:18;58:9;93:7,9, 53: 19　80:6,8, I0, 12;83 :22,　buy (5)　CEO (I)　11 barrier (2) 14:25;31:2　23,25;84:2;85:25; 86: 18,22;87: 15;　6:11;10:20;61:7, 10;85:5　7:17　client(4) based (8)　90: 10, 13;93: 10;　buying (I)　certain (2) II :25;89: 19　I 5:3;8:23;58: 17, 18 6: 17;15:8; 16:4;　95:10;106:4　81:22　certainly (2)　client's (I) I 99:12 Min-U-Script@ I (2) attachment - client's FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM　INDEX NO. 652077/2017 NYSCEF DOC. NO. 331　Case 22-50073 Pacific Alliance Asia v.　Doc 404-17 Filed 05/20/22　Entered 05/20/22 11:52:18　Page 114 RECEIVED NYSCEF: 05/08/2019 Kwok HoWan　of 126　April 26, 2019 Clinic (I)　concerning (I) 58:9　32:21　4: 16;50:6;60:3 controlled (I)　14,15;28: 12, 13;29:2, 6,11,13,15,20;30:21;　98:25;102:9; 106:18 clip (5)　concession (I)　106:7　32:11,14;34:7;35:7,　.currently (I) 10:5;11:22;13:10;　21:6　controls (4)　16;37:8;38: 19,25;　I 51: 16 91:11;92:15　conclusions (I)　8: 15;10:21;87:5;　40: 13;41: 12,19,21;　futting (I) clips (3)　102: 16　107:11　43: 11,23;44:20,25;　20: 11 9:3;10:4;13:5　condense (I)　convenience (3)　45:24;46:9,11,13,17; close (5)　99:5　21:16,19,22　50: 13;51 :4,6;53:4,　D I 45: 10;63:3,5,8,15　condition (I)　conversation (3)　10;54:6,24;55: 15,22, closed (I)　58:19　26: 1;38:24;39: I　25;56:3;58: 15,25;　~aily (2) 63:18　conditions (2)　conversations (I)　59:3;60:8,22;61 :2;　I 52:15,16 closing (2)　61:14;108:14　38:23　62:9;63: 13;66:8, 17;　date (2) 62:22;63:22　conduct (I)　COO (2)　67: 1,9, 14;68: 13,16,　I 41 :4;49:7 colleague (4)　102:3　6:6;57: 11　18,24;69: 10,21 ,25;　dated (I) 42: 15;47:3,8;52:20　conducting (2)　co-op (I)　70:1,5,9,11,21,24;　I 45:10 collect (13)　102:12;103:10　59:1　71: 1,3,5, 14;72:8, 10,　daughtcr (I) 27:5;28:3;31:13;　conCer (I)　cooperates (I)　12,17,19,21 ;73:2;　I 48:19 39:8;42:7,13,18;52:2, 4,13,14;54: I; 109:24　16:1 confidential (I)　10:1 cooperative (2)　74:8,11,17,21;75:13,　day (7) collected (2)　59:21　15:7;80:22　23;76:7,23;77:3,7,9, 12,12,15,18;78: 14;　42:8;50:23;51: I; 52: 15;58:7;81 :3; 42:5;54:9　confirm (I)　copies (I)　85:2,23;86:2,7,24;　91:19 collecting (2)　5:21　78:24　87:11,14,20;88:24;　DC (I) 42:9,14　conCused (2)　copy (8)　89: 10, 13;90: 18,22;　I 45:8 college (I)　38:3;45:20　17:II ;69:22;72:2;　92:2,8;93 :2,5,8, 12,　deal (I) 50:2　connection (I)　76:2;77:9,16;78:5,21　14,16,19;94:3,4,6, II,　I 109:22 colloquy (I)　84:13　copying (I)　15,18,21,25;95:6,16,　dealing (3) 46:1　consent (2)　78:1　22;96: 10,15, 19;97:4,　I 9:16;62:15;102:17 coming (4)　15:2;98:16　corporate (3)　8,10,12,17,21,23;　Dear (3) 15:6;73: 12;94: 10;　conservative (6)　4: 16;10:22; 100:7　98:4,5,19,23;99:7, II,　I 20:16;21:15,18 103:20　31: 18;35:4, 10, 14,　Corporation (2)　15,18,20,21,22,23;　debt (2) communicate (3)　15,17　37:4;78:20　100:2,6,12,17,25;　I 8:22;107:5 10:6;27:25;73:20　consider (3)　correctly (I)　101:6, 10, 12,15, 17;　decide (I) Communist (II)　9:20;94:3; 102:21　21:7　102:9,19,21,23;　I 103:1 14:20,22;20:9;　considering (I)　corruption (I)　103: 17,23; 104:3,8,　decided (I) 42: 15;47:3;48: 18;　92:2　14:23　19;105: 12,16, 19,22;　I 108:1 49: 16;50:6, 14,20,25　consistent (2)　Counsel (7)　106:2,9,12,16,21,25;　deciding (4) companies (3)　38:20;65: 19　2:4,12;32:6;71 :7;　107:8; I08: 1,9, 18;　I 107:6,11,14,16 7:24;18:15,19 company (4)　constitutes (I)　72: 16,24; 107: 17　109:3,7　decisions (I) 8:22;34: 18,18;47:4　29:25 constraints(l)　counsel's (I)　courtroom (I)　I 96:8 complaint (7)　62:24　11:6 counter (3)　9:12　deep (I) 100: 10,13, 15,20;　contact (9)　6:4;21:7;91:12　courts (I) 46:14　I 109:8 deCaulted (I) 102:2,3;109:5　19:5;66:4,20,21 ;　counterclaims (I)　cover (I) Complete (I)　67: 1,4;82: 18,20,21　3:21　62:18　I 6:18 deCeat (I) 4:15　contacted (I)　countered (3)　coverage (I)　I 8:17 com pleted (2)　50:10　21:10,12;91:6　62:20　deCendant (6) 44:15;75:14　contend (I)　counters (I)　covcring (I)　I 2:20;3:20;10:3; com pletely (2)　101:17　91:13　61: 17　98:9; 100:25; I06: 19 11:12;38:20　context (3)　country (3)　CPLR (4)　deCendants (2) com pleteness (2)　13:9;15:19;95:11　9:25; 15:6;49:20　5:24;9:6;24:24;　I 12:16;108:18 13:7;96:9　continue (2)　couple (3)　45:22　deCendant's (7) completion (I)　50:6;51: 14　16:15;67:6;95:21　credibility (2)　I 76:20,21,24;77: 13, 103:7　continuing (3)　course (9)　26:20;46: 15　23;78:13;101:1 complicated (2)　44:8,24;45:20　10:24; 12:24;26:2,　creditors (2)　define (2) 26: 15;87:21　contract (7)　2;95:4;99: 14;102:22;　3:25;98:9　I 52:1,1 comply (I)　15:2;63:6;75:24;　107:7;108:9　cross (18)　deCraud (2) 76:9　76:7;85: 11;86:22;　COURT (211)　13:6; 16: 12;47:22;　I 3:25;98:9 concept (2)　104:13　2:6,23;3:4,10,13;　75: I;77:5;89: 18,20,　deCrauded (2) 15:6,10 concern (I)　contradicted (I)　8: 17;9: 16,19,20,21;　20,23 ;90:4;91 :4;　I 8: 10,13 105: 10　8:6 contrary (I)　11:10;16:1,17,21;　95: 16;96:2,3,5,6,8, 15　delivered (I) concerned (2)　26:13　17:9; 19:23;22:4; 23: 16;24:8, 15;25:3,　cultural (I) 15: 18　I 76:16 6: 17;88:20　control (3)　23;26: 10, 15;27: 10,　current (3)　demanded (I) I 3:20 -- '1in-U-Script:!lI (3) Clinic - demanded FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM　INDEX NO. 652077/2017 Case 22-50073 NYSCEF DOC. NO. 331 Pacific Alliance Asia v.　Doc 404-17 Filed 05/20/22　Entered 05/20/22 11:52:18　Page 115 RECEIVED NYSCEF: 05/08/2019 Kwok Ho Wan　of 126　April 26, 2019 I demonstrate (2)　15:9　50:8,13,18,22　59:10　encumbrance (5) 5:15;9:1　diced (I)　document (37)　ears (I)　I 5:24;24: 19;44:9; demonstratives (I)　13:3　17:15;19:20;23:13;　13: 11　45:22,23 90:19　dictionary (I)　25: 17;26:I,4,7,13,21;　East (I)　~nd (2) denied (3)　53:22　29: 10;40: 15;41: 10,　17:6　I 49:22;65:22 8:3;24:21 ;38:22　difference (6)　16,20;43:4,14,21 ;　edit (I)　enforcement (I) denies (3)　35:8;36:9,11,14;　44:20;45:3,10;46:4,　99:2 I 98:10 7:1,3;107:4　53:2,4　20,21,23;54:23;　educate (I)　England (I) denying (I)　different (10)　59:24;68:3;69:15,19,　10:25　I 65:1 6:3　18:8,10,11;27:9;　20,24;71: 12,16, 17,　Edward (I)　English (20) depose (3)　29:8,8,9;66: 11;67:6;　23;77: 14,20　2:14　15:1,4,5, 14; 19:7, 41:25;42:3,10　96:6　documentary (I)　effect (I)　10,11 ;30:24;31: 1; deposed (8)　difficult (I)　7:5　107:1　47:7;53: 18,19;68:3; 7: 18;29:23;30:3,　75:18　documentation (3)　effectively (I)　75:7;82:25;83: I,9, 11, 19,22;31 :3, 10,24　difficulty (2)　57: 14;59:22;65: 14　56:25　14,15 deposing (2)　31:6;42:22　documents (42)　efficient (I)　enough (6) 36:12,12　digest (I)　15:25;27:4,5,9;　90:16 deposit (II)　I 5:3;16:22;51:4; 47: 11　28: 10, 10;31:4,5,13,　effort (2)　72:20;90:21; 109:8 6:16;61:17,20;　direct(lI)　21;39:8;42:7,8, 12,14,　5:15;8:17　enter (2) 62:3;63: 19,24;64:7;　9:22; 17:17;20: 16;　19,20,22,24;45:7,8,　efforts (5)　I 85: 11;86:22 67: 18;80:24;81: 1,3　26:6;28:23;40: 14,21;　18;47: 13, 15;49: 17;　5:25;14:3,20;　entered (6) deposition (42)　54: 15;56: 14;69:8,17　52:5,14;53: 10,13, 14,　18:24;19:17　I 75:23;76:6,16; 8:2,10;9:5,7,13;　directed (2)　17,20,23,25;54: 1,2;　either (12)　79:4; 106: 19;I07:2 11:7,16;12:4;17:12;　102:5;107:17　60:6;67: 19;78:24;　6: 14;8: 10;22: 10,　entire (2) 28:4;29:19,22;31 :25;　directly (3)　79:10,11;84:12　20;28: 15;42: 15,16,　I 92: 17;94: I 32:7,8,22;33: 16,18;　8:6;46:15,16　dollars (I)　17;47:9;51 :23;84:7;　entities (16) 34:20;35: 14;38: 12,　Directors (3)　60:1 90:1　8:4,15; 10:19,20,21, 23;39:25;42:23 ;43:2;　57:22;87: 15;106:4　dominates (I)　elder (2)　23;36:21,25;37:2; 66:13,15;73: 18;89:4;　disagreement (2)　8:15　48:14;50:10　100:11,14;104:21,25; 92:4,9;93: 17,21;　12:24;44:19　domination (I)　element (I)　105:3; 108:12; 109: 18 94: 12,13;95: 17,20;　disappeared (3)　4:16　98:8　entitled (4) 96:11,21,23;101:13;　47:9;51 :24;52:20　done (4)　elements (2)　19:6,15;96:21; 107:15　disclosure (I)　14:12;15:20;65: 12;　3: 18;4: 15　101:20 depositions (I)　75:23　105:4　elicited (I)　entitlement (I) 13:4　discovery (9)　double (2)　32:18　I 102:14 depth (I)　15:21,23;16:2;　61 :6;85:6　eliciting (I)　entity (18) 103:12 44: 18; 102:3, 12;　doubt (I)　28:21　27: 12;29:8,8,9; derived (2)　103:8;109:3,21　22:7　else (6)　52:5;81 :20,23; 62:3,4　discrepancy (3)　down (6)　52: 18;54: 13;55:21;　101:18; 105: 16,22,24; describe (I)　45:7,9,17　38:8;39:6;55:22;　84:21 ;88: 13;105:8　106:2,6,7,8,10,16; 58:14　discretionary (I)　63:19,25;107:3　else's (I)　107:13 designated (18)　104:4　drafted (I)　13:16　error (I) 13:6;89:18,18;　discuss (7)　27:1　email (15)　I 85:3 90:5;91 :7, 13,15;92:5,　22: 14;37:23;38: I,　draw (2)　10:6; 19:25;20:3,6,　especially (2) 6,13,14,16,19,24;　2,4;44:8,24　63:19,25　7,8,12,17,25;21: 1,8;　I 27:23;75: 10 93: I,23;96:9;97:2　discussed (I)　drop (I)　22: 12;77:25;78:3;　establish (2) designations (14) 62:17　47:10　103:21　I 3:24;100:18 13:7;89:20,21,24;　discussion (4)　duly (5)　emailed (I)　established (4) 91 :4,4,8;93:23;　24:3;33:5;38: 14;　17:I;56:7;59:2;　22:11　170:11,14;102:14, 95: 16;96:2,2,3,5,6　39:5　97: 18,19　emails (2)　25 detail (2)　discussions (3)　during (7)　19:15;20:14　establishes (I) 58:15;103:12　19:3;37:21,24　6:7;11:16;12:25;　emphasize (I)　1102:19 detailed (I)　displayed (7)　61 :5;95:4,20; I05:1　42:6　estate (I) 59:25　3: 12;19:22;23: 15;　duty (I)　employed (I) details (2)　28: 11;40: 12;43:22;　10:25　147:6 56:18　estimated (2) 38:9;39:7　69:9　employee (2)　I 61:18;103:18 detain (I)　dispossessed (I)　E　48:22;51 :23　Europe (2) 49:19　98:12　employer (I)　1 48:7;49:3 determination (3)　dispute (4)　earlier (2)　18:22　evaluate (I) 102:24; 103:4,14　4: 17;18:3;44:4,21　79:2;99:2　encumbered (I)　I 26:19 determining (I)　disputed (I)　earliest (3)　98:12　evasive (I) 103:2　12:6　21:16,19,22　encumbering (I) developer (I)　divorce (4)　early (I)　24:17　19:14 ~vasiveness (2) Mill-U-SCl'ipt@ (4) deJonstrate - evasiveness FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM　INDEX NO. 652077/2017 NYSCEF DOC. NO. 331　Case 22-50073 Pacific Alliance Asia v.　Doc 404-17 Filed 05/20/22　Entered 05/20/22 11:52:18　Page 116 RECEIVED NYSCEF: 05/08/2019 KwokHoWan　of 126　April 26, 2019 I 9:18,23　5,10,23;78: 13,18;　5: 16;87: 14;88: 19;　3: 17,18,21 ;4: 17;　freedom (1) even (16)　92:4,5;93:20;96: 11　102: 13　5: 1,13;10:5; 12:13;　14:23 I 11:18;12:2;30:20,　exhibiting (1)　fashion (1)　16: 15,23;30:20,25;　French (1) 24;32:7;35:6;36: 16,　92:10　32:18　34:4;39:21 ;40: 14,22,　I 31: 1 20;42:21 ;46:25;　exhibits (9)　fashioned (1)　24;48:4;49:25;50: 1;　Frick (1) 47: 13;55:7;62: 10;　12:18,20,25; 15:I;　109:14'　53: 16;54: 15,20,21;　I 58:8 86:21;104: 16;109: 15　24:2;42:4,5;53: 11,12　favor (1)　59: 19, 19,24;64: 14;　front (13) event (1)　exist (2)　98: II　69:2;78: 17;79:24;　24:8,14,20;25:2; 75:24　44:9;54:23　FBAKOY (2)　90: 14;95: 19;97: 15;　30:9,21 ;31 :7;46:22; everybody (2)　existence (2)　40:22,25　98:22,25;109:14.　50:22;51 :2;53:6; 52:17;99:10　46:13;107:5　featured (1)　five (4)　54:12;97:3 evidence (36)　expeditious (I)　4:10　39:6;48: 16;49: 11;　frustrate (5) 4:5,8,8,9,21 ;5:7,8,　32:18　February (3)　62:18　I 4:1;5:1;11:9; 9,18;7:5;9:22; 12:22;　expensive (1)　18:18;59: 10;63:3　five-year (1)　24:18;98:10 13:19,23; 16:8, 16;　6:2　feel (1)　61:18　full (4) 19:24;23:22;24: 10;　explain (4)　108:24　fluent (2)　I 13:9; 17:4;56:9; 25:2,9;26:22;41:11;　6: 15; 18:5;30: 16;　feet (1)　83:15,16　93:10 53:8;60:7;69: 19,20;　36: 11　90:19　focus (1)　fully (1) 72: 10,21;78: 13;　expressio~s (1)　feng (1)　4:19　I 3:1 90:23;92:11;93:1,25;　13:19　63:7　folder (1)　further (1) 103:15;108:25　extant (2)　few (3)　59:21　I 47:20 evidentiary (2)　46:3,6　9:3;23:25;87: 18　follow (2) 90:22; 103: 11　extended (1)　Firth (1)　34:5;84:24　G exactly (3)　14:19　98:3　followed (1)　I 6:12;9:25;14:11　extensive (2)　fight (1)　66:1　I Garo (1) EXAMINATION (8)　14:20;32:15　11:15　following (5) 17:17;47:22;55: 16;　extensively (1)　figure (3)　4:4;29:23,24;　I 2:17 gather (11) 56: 14;75: 1;84:22;　11:5　47: 12;53:22;91: 16　103:7;107:4 96: 15;98:20　extent (6)　me (1)　27:5,8;28:3;33:6, examine (1)　25:5;90:5;91 :7,12;　follows (3)　18;34: 17;35: 19;37: 1; 16:12　42:20　17:2;56:8;97:20　41:6;53:10,16 92:8;93:24　med (3)　force (1)　gathered (13) examined (3)　F　9:24;44: 12;46:21　50:7　22:9,14,19;30: 17; 17:2;56:8;97:20　mes (1)　foreign (6)　31:20,21 ;36:22;37:7, exam pies (1)　43:1　6: II ;31: I;61: 10;　10,13 ;39:22;53 :2, 13 13:9　fact (4)　fill (1)　85:7,15;87:8　gave (5) exceeds (1)　6:4;21 :5;102: 16;　76:21　forge (1)　I 26: 19;43:25;51 :2; 3:20　104:24　final (3)　47:17　59:21;79:9 excerpts (I)　factor (1)　102:24; I03 :6, 14　forged (5)　gears (1) 8:3　9:20　Finally (3)　49: 16, 17, 18;50:21,　I 62:21 exchanged (1)　facts (5)　7:6;8: 14;11:20　25　general (3) 19:15　5: 19;36:6;37:9;　financial (11)　forget (1)　I 56:25;57: 11,11 excised (1)　100:15;108:2　7: 19,22;31 :6;47:5;　49:7　generally (3) 95:20　fair (9)　59:15,17,25;79:11;　form (4)　58:6,14;82:21 I Excluding (1)　12:7; 16:22;60:21;　90:11,12,14　4: 16;74: 18;81 :7;　Genever (42) 61:5　72:20;79:9,15;85:7,　financials (1)　95:4　8:15,24;10:19; excuse (4)　8;90:21　7:24　former (3)　33: 14,21,24;34: 13, 11:5;19:16;20:11;　fairy (1)　find (1)　58:7,9;84:17　15,15,22,23;36:21, 95:2　95:10　68:22　forth (1)　25;37:4,4;39: 12, 15, excused (2)　False (3)　findings (2)　20:23　19;40:2;67: 16;76:6; 55:23;88:25　7: 15;46: 13;107:9　32:16;102:15　forward (2)　88:20,20;95:8,9; excusing (1)　familiar (1)　fine (8)　12: 11;20:20　100: 10, 14;104: 19,20, 61:9　3:2　83: 11,14;89:15;　fought (1)　21,25; 105:3, 13,16, execute (1)　family (50)　95:24;97:6;99: 17,22;　11: 13　17,23; 106:2,6, 10,22, 67:16　14:19,19;15:10;　109:18　found (2)　23;107:11 Executive (3)　17:20,21,22,25; 18:1,　fingers (1)　60:25;70:22　Gilbert (2) 6:6;56:23;78:8　2,3,5,5,8,8, I0, 10, 10,　13:11　four (3) exhibit (36)　11,12,13,14,15,18,22;　finished (1)　3: 16;5: 10;69: 17　I 77:25;81:11 3: 12;19:22;23: 15;　23:6;47:8;48:5,6,9,　48:7　given (13) 24:1,2,9;28:11;40:10,　France (1)　9:9;25:6;26: 12, 13; 10,11,12,14,19,24;　firm (2)　50:2　31: 12;36: 10;76:2; 12,24;41: 12,13,14;　49:6,9,13,20,21 ;50:7;　62:14;69:13　fraud (3)　79: 16;98:21 ;99:4; 43:21,22;53:7;69:9,　51: 12,13, 15,20;52:2,　firms (2)　4:25;5:5;46: 16　101:15;109:1,13 21;71: 16,21,22;72: I;　2,8, I 1;53 :24　62:15;92:3　fraudulent (1)　gives (1) 76:20,22,23,24 ;77:3,　far (4)　first (37)　25:1　I 25:7 Min-U-Script@ (5) even - gives FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM　INDEX NO. 652077/2017 Case 22-50073 NYSCEF DOC. NO. 331 Pacific Alliance　Doc 404-17 Filed 05/20/22 Asia v.　Entered 05/20/22 11:52:18　Page 117 RECEIVED NYSCEF: 05/08/2019 KwokHoWan　of 126　April 26, 2019 giving (13)　45:25　39:3;49: 14;74:8;　23;95:2,3;96:25;　I 24:8;25:8;29:22; 20: 18;29:24;30: 11;　halfway (I)　90:8;95:7;98:22,24　98:21 ;99: 17;100:5,9,　30:1 32:3;34:2,11,25;　91:19　hearing (13)　19,24; 10I: 14, 16;　important (3) 38: 17;40:8;42: I;　hand (2)　13:1,8,20; 15:22;　102: I; 103:9, 10;　I 9:9,10;30:24 80: 13;106: 17,24　77:3,16　35: 19;45:24,25;55:5;　104:2,6; 105:21;　Importantly (I) globe (I)　handed (10)　63:7;90:22;98:7;　106: I, 15; 107:7,22,　I 8:25 6:20　17: 15;19:20;23: 13;　100:18;103:11　24; 108: 15;109:6,14　impose (I) GMail (I)　43: 14;69: 15,24;　heart (I)　Honor's (I)　I 61: 13 20:4 goes (3)　71 :23;77: 14,20,22 handle (3)　109:23　13: 18　impossible (I) 46: 15,16;107:3　27:24;35: II ;51 :25　heels (1) 66:23　hope (3) 13:21;16:6,7　I 91: 15 Golden (13)　handled (3)　held (3)　hopeless (I)　improperly (I) 23:5;27:3;42:7;　15:24,24,25　57:2;81:7,14　42:18　I 107:17 47:2;51: 16,19,21,23,　hands (4)　help (11)　Hoplamazian (3)　inadequate (I) 25;52: 1,11,22;53:24　31:12,22;35:12;　27:8;28:9;42: 18;　2: 17,17;69:22　I 79:25 inadvertently (I) Good (13)　47:16　45: 13;47:8, 18,18;　Horvitz (18)　I 101: 18 2:9,13,21,24;　handy (I)　52: 13,13,14;73: 12　7: 16, 16,22;8:2,8,　inappropriate (3) 12:12;13:5;47: 12,24;　4:7　helpful (I)　12;58:2;81: 16;84:2,　I 11:13,18;72:5 56: 16;75:3,4,8, 10　happen (2)　4:11　8,24,25;85:3 ;89:4;　include (4) Government (3)　31:2;50:19　helps (I)　90:7,8,12;93 :2　I 96:4;104:25;105:3; 14:18,21,22　happened (9)　7:3　Horvitz's (2)　109: 18 graciously (I)　6:9,13;9:13;10:15;　Hey (2)　58:6;90:24　included (2) 96:22　II: 1;12:8;27:23;　7:12;12:5　hotel (4)　I 7:24;58:24 grant(l)　33:15,17　highly (2)　6: 10,14;7:21 ;57:8　including (9) 103:13　happening (4)　84:11,12　hour (4)　18:6,7;33: 18; grateful (I)　14:3,4;38:9;42:24　himself(5)　2:7;45:25;92: 13;　48: 19,22,25;49: I; 36:10　happens (I)　10:24,25;18:7;　94:2　52: 12,13 great(l)　85:20　51: 15;86:20　Huang (I)　inconsistent (3) 15:15　happily (I)　Ho (4)　97:15　25:6;26: 17;38: 19 t greater (I)　2:7　2:2; 17:24;59:4;　H-U-A-N-G (I)　index (I) 109:9　happy (5)　98:2　97:16　I 2:1 grew (I)　44: 12;46: 19;91:20,　H-O (I)　hundred (2)　indicated (5) 14:16　21;99:5　98:2　18:6,9　I 32:20;76: 12;96: I, grind (I)　hard (2)　Hodgson (2)　husband (13)　18;108:3 73:6　9:21;91:3　2:19,22　49: 13, 19, 19,19,20,　indicating (I) grounds (2)　HARMON (69)　hold (2)　22;50:1,4,8,10,11,19,　I 31:11 3:23;70:8 grow (I)　2:21,22;5:25; 12: 12;34:3;43: 16;　60:10,14　23　individuals (I) 14:16　60:5,20;62:6;63: II;　Holdings (2) 37:4,4　I　I 49:1 guarantee (4)　66:6,9,15;67:12;68:9,　holds (I)　induce (2) 61:25;67: 19;68: 19;　15,17;69: 12,18;70:7;　105:24　JD (2)　I 7:21;8:19 inequity (I) 100:3　71:11,15,25;72:9,18;　Hong (4)　40:22,25 guaranteed (I)　73:4;74:5,14,16,20;　14:17;18:15;49:3;　idea (3)　I 5:2 information (72) 8:23　75:2,5;76: 19,24;77:4,　84:7　33:1;53:1;58:15　7:20,23,24;22: 10, guess (5)　8,11,13,16,19;78:12;　Honor (106)　identification (I)　10,15,15,16,19,20; 30: 15;32:2;35: 13;　83: 17,21;84:21 ;85:4,　2:9,13,21,24;3: 1,9,　77:23　27 :2,5,6,6, 9;28: 3,3; 71: 1,1　9;87: 1,18,23;88:23;　14;4:22;5:4;8: 1,12,　identified (I)　30: 16, 17, 18;31 :21; guessing (I)　89:2,12,15;92:21 ;　25;9:10,13;11:4,20;　108:12　33:6,7,19;34: 17;35:3, 70:25　94: 17, 19,23;95:2;　12:10, 12;13:2,5,8,21;　identify (I)　9,11,19,19,24;36:1, Guo (23)　100:24;101:4,7,11,　14:12;15:16;16:9, 10,　3:6　14,23;37: I,7, 10, 12, 17:22,25,25; 18:2,5,　14,16,22; 102:22;　14,20,22;17:10,11;　ignore (I)　13,14,20;39:8,22; 5,22;23 :6;48:4,6,9,　108:20; 109:6,11　19:19;23:22;24:4, 12,　30:2　41 :7;42:7,8;43:9; 10,12,24;49:6;51: 12,　Haroche (I)　13;29: 14;30:21 ;34:3;　imagine (I)　49: 18;52: 14;54:9; 13,15,19;52:2,8,11;　81:11　38:22;41 :8;43: 13,16,　9:21　58:24;59: 15,18,20; 53:24　hear (14)　21;44:1,10;46:7,8,18;　IMG (1)　60: I,2,4, 10;79:3, II, G-U-O (2)　3:16;13:20,25;　47:21 ;48:3;51 :9;　58:10　15,18,25;80:2,4; 17:22;18:2　14:10;16:3;32: 16,17;　55:3,13,14;60:5,20;　immediate (2)　90:11,12,14;98:22, H　33:6;43: 10;44:3;　62:6;63: 11;67: 12;　48:11;104:12　24;101:3,8 I 47:25;89: II ;90: 18;　68:9;69: 18,22;70:7;　impact (2)　initiated (2) 95:5　71:11,25;74:5;76:19;　73:10;102:20　I 101:19;107:13 hacked (1)　heard (15)　77: 1,4,8,16;78: 12;　impeach (2)　injunction (2) 20:8 half(l)　29:7,7;30: 10;33:5; 35:20;37:7, I0;38:25;　83: 17;89:2,7;90:7;　28: 17,20　I 109:19,19 92: 12;93:23;94: 17,　impeachment (4)　i1nquired (3) Min-U-Scripl@ (6) giving - inquired FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM　INDEX NO. 652077/2017 NYSCEF DOC. NO. 331　Case 22-50073 Pacific Alliance Asia v.　Doc 404-17 Filed 05/20/22　Entered 05/20/22 11:52:18　Page 118 RECEIVED NYSCEF: 05/08/2019 KwokHoWan　of 126　April 26, 2019 64: 10;66:3;82:3　106:8　knew (13)　68: 10;71 :6;72: 16,24,　83:10 I inquiry (I)　issue (25)　21: 1;22:4,8,25;　25;74: 13;75:7;82: 18;　lengthy (I) 82:6　3: 17,21,22;4: 12,12,　25:22;27:4;69:2;　83:5,23;84:4; 101: 13　I 98:20 instructed (2)　14;15:17, 18;24:4, 10,　76:5;80: 12,17, 19;　less (2) 11:10;83:2　15,19;26: 14;41: 18;　81:22;105:2　L　: 99:3,9 instructing (I)　51 :25;54: 16;55:4;　knowledge (39)　leiter (8) 11:24　88:16;91:14,24;　5:20,20;26:24;　laid (2)　I 64:25;71:9;72:4,7, instruction (I)　102:2,7,17; 103: 12;　27:7,21;28:1;29:11;　44:2; 100:21　8,19;78:5,17 II: 18　108:2　31:20,21 ;32:21 ;33:3,　language (10)　leiters (2) instructions (I) 11:6　issued (2)　8,11;34:14;35:18,22;　14:25; 15: 17;30:24,　I 84:14,16 intend (I)　88:1 ;104:4 issues (12)　36:6,7,22;37:3,6,9, 13,14,15;43:9;47:5,6;　25,25;31: 1,2;36: 15;　liar (I) 47:17 100:22　2:25;3:6;5:22;　53: 1,2;54:8, 16,18,22;　53: 17;54: 12 last (13)　! liberties (I) intended (I)　10: 15;15:21,23;16:2;　55:7,9,10;62:7;64:3　11:20;13:10;18:21;　I 92:23　24: I;52:21 ;54: 12;　known (2)　26:6;32: 19;44:2;　95: 11 lied (3) intending (I)　100:8;109:22　3:20;84:8　50:9;82:22;86:8;　I 8:10;107:12,14 99:4　issuing (I)　knows (3)　95:7;97: 15; 102:6;　life (I) intends (I)　102:21　9:25;28: 14;52: 18　109: 12　I 51:21 11:8　Kong (4)　later (2)　lifted (2) intent (10)　J　14:17;18:16;49:3;　9:11;68:23　i 44:18;45:19 3:25;4:6,18;5: I;　84:7　law (2)　light (I) 14:2;24: 18;25: I;　jail (4)　Kwok (154)　62:14;70:2　I 61:1 98:9;107:18;108:11　14:21 ;48: 17,18,21　2:3;3:25;5: 16,22;　lawsuit (I)　likely (I) intention (I)　Jillian (I)　6:7,13,18,24;7: 1,3,7,　78:25　I 12:17 103: 11　2:19　20,25;8:3,9,14,15,23;　lawsuits (I)　limited (3) interest (I)　job (I)　9: 1,10,13,24; 10:5,10,　9:24　~ 31:15;54:11;80:12 107:23　42:16　.20;11:6,17,23;13:10;　lawyer (3)　line (2) interested (3)　joined (I)　14:6,7,8,11,13,15,15,　39:8,9;50: 10　I 34:5;91 :24 9:8;99:12,13　102:2　16,23,25; 15:4, 16,19;　lawyers (2)　lines (3) interests (I)　Jones (I)　16:11;17:19,24;18:1,　54:12;69:5　I 38:13;91:21;108:2 8:4　58:7　13;19:3,6,6,9,9, 17;　Leading (6)　listed (2) International (I)　judgment (9)　21:9, 12,24;22:4,8,13,　27: 13;54:3;66:6,9,　I 58:17;106:12 58:10　4: 1;5: 1;6:22;9:2;　20,22,25;23:4;27: 10,　11;74:7　listen (I) , interpreter (7)　11:9,10;24: 18;98: 10;　18;28: 14,23;29:3;　learn (4)　, 53: 18 97: 10,12, 14,15, 18,　109:25　33: 13,20;37:24;38:5,　25:24;33:16;47:11;　litigating (I) 21;103:18　June (I)　14;39:1,11,14,19;　68:25　I 102:13 interrogating (I)　78:21　40: 1;48: 13,13;51 :15;　learned (6)　litigation (3) 49:19 interrupt (2)　Justice (2)　59:4,4,12;60:9;61 :5,　29:10;33:15,17;　152:13;101:19; 91:2;94:8　7: 14;25:23　9,22;62: 16,19,24;　48: 12;64:23;70: 14　107:13 interrupting (I)　K　63: 18;64:9;65:4, 14,　learning (2)　l,itt1e(6) 41:9　22;66:3,10;67: 10,15, 24;68:4,13,21 ;69:5;　25:24;31: I　' 47:7;51:10;56:16; into (14)　Kathy (10)　70:5,12,18;71 :6;　lease (10) 7: 10;62: 1;67:20,　I 57:10;92:3;105:15 live (3) 12:22;19:11;24:10;　19: 1,6,7,12;21 :8;　73:6;74: 18;75:6;　22;68:7,10,16;70: 13;　I 49:2,3;98:3 29:25;30:23;45:21,　22:8,11,20,23;64: 14　76:6,12,17;78:25;　88:17,21　lives (6) 25;66: 11;72: 10;76:7;　keeps (2)　79: 12,21;80: 13;81:1,　least (3)　17:18;25:7;83:12; 85:11;86:22;92:11;　41 :9;88:4　6,22;82:2,10,23;　47:7;70: 16;95:21　93:7,9,10 103:11　kept (I)　84:10;85:11,14,18;　leave (I)　living (I) introduce (I)　59:21　86: 14,16;87:5;90: 10;　33:9　I 33:9 25:9　key (2)　95:10,11;97:9,11;　leaving (2)　LLC (23) involve (5)　5:22;23:25　98:2,20;99:3; 101: I,　42:17;50:5　6:11,11;34:18,18; 27:24;35:11;38:8,　kidnap (I)　17;104: 11;105:7,14,　left (5)　37:4;61 :6,10;81: 12, 9;86: 18　47:3　18,19; 1~6:20,22;　42: 17;47:9;49: 10,　14;85:5,6,7,15;86: 12, involved (8)　kidnapped (3)　107:4,8,12,14,17　10;51 :23　13,17,20;87:3,5,8; 27:7;57: 12,14, 18;　42: 15;47:9;48:21　K-W-O-K (2)　leftover (I)　105:13,14,17 87:3,7,8;92:3　killed (I)　18:1;98:2　51:24　I1LC's (I) Ira (I)　11:25　Kwok's (36)　legal (8)　I 6: 11 77:25　kind (3)　5: 14,17;8:2;9:5;　4:5; 10:I;25: 17, 19;　located (I) irrelevant (I)　31 :5;34: 17;39:23　11:23;12:2;14:2;　26: I;31:6;53:20;　I 48:25 67:13　kinds (I)　17:21,23; 18:3, 15,24;　105:12　logic (I) irrespective (I)　37:12　19:1;23:7;48:11;　legally (I)　L 39:10 90:1　Kingdom (I)　58:3;62:15,22;64: 16,　87:13　ondon (I) Islands (I)　84:17　21,24;65:4,6;66: 19;　length (I)　! 83:12 i Min-U-Scripl@ (7) inquiry - London FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM　INDEX NO. 652077/2017 NYSCEF DOC. NO. 331　Case 22-50073 Pacific Alliance Asia v.　Doc 404-17 Filed 05/20/22　Entered 05/20/22 11:52:18　Page 119 RECEIVED NYSCEF: 05/08/2019 Kwok Ho Wan　of 126　April 26, 2019 long (5) 47: 11;57:2,8;　many (6) 4:3; II: 16;44: 17;　38:6,6;39: 18;61: 12 merits (8)　70:16　7: 14;8:9; 106:20 I 92: 16;108:21　50:5;57: 17;81: 19　10:13;12:17;24:3;　monthly (1) 6:18　Myself(l) longer (4)　March (4)　102:4,12,16; 103:6;　months (7)　I 36:4 mysterious (1) 14:4;70: 17;102:23;　41 :24;43:6;63:4,5　109:21　44:17;45:19;49:11,　I 107:10 103:24　Mark (3)　message (3)　14,24;50: 12;78:23 long-term (1)　2:21 ;72: 1;75:5　19:9,11;22:22　more (23)　N I 48:22　marked (2)　messages (1)　6: 1;9:22; 18:6,9; look (18)　77:22;89:6　10:7　20:9;25: 1;48: 10, 13,　I name (23) 12:10;23: 12;25: 12;　market (6)　messenger (2)　14;49:14,24;50:11;　6:9;7: I; J 7:4,5,23, 28:9,13;29:3,19;　6:3;55:7,11,12,18,　22:18,21　55: 14;59:25;83 :21,　25; 18:I;20: 19;56:9; 32:11;41:19;53:14,　20　met (4)　22;86:21 ;89:9;90: 16;　60: 14, 18;64: 16, 17, 21 ;54:7;62:9;70: II; 78: 16;92:2;93:2;95:6　married (1)　59:24;75:5; 102: 11;　94:19;102:9,15;　18;68: 14;74:4;80: 19; looking (1)　50:3 material (1)　107:23 Michael (4)　108:25 morning (10)　82:22;88:8;97: 15,15, 50:15　8:18　56: 11;58:2;90:7,7　2:7,10,13,21,25;　25;98:3 necessarily (3) Looks (1)　malter (4)　mid (1)　3:6; 12: 12;47:24;　I 85: 16;86: 18;87:9 40:20　2:2;24:22; 104: 1,20　71:2　52:25;56: 16　necessary (2) lot (19)　mailers (1)　might (2)　MOSS (86)　I 14:7;61:1 19:8;20:8,18;　97:23　53:6;98: 10　2:9,13,14,24;3:8,　need (17) 24: 16;27: I;31 :2;　may (23)　Miles (7)　11,14;10:10,18;11:4,　6:23;10:2;11:15; 42:8,20;47:8;48: 18;　8:21 ;9:7; 19:19;　20: 17;21: 16,19,21,　20; 12: 10;16: 14, 19,　25 :9;32: 13;45 :2; 49: 16;50:21 ;52: 19,　33:6;38: 1;41:4,22;　24;48: 13;59:4　22;17:11,18;19:19,　50: 13;53:7;54: 13; 21;53: 17;54:9;75: 12;　43:5,13;47: 1;55:22;　Mileson (5)　24;23: 17,22;24: 12;　74: II ;76:21 ;77:9; 98:6;99:3 lots (2)　67: 10;70: 10;74: 18;　64: 16,20,21 ;82: 17;　28:4;34:3,8;38:22;　83:3;98:20; I07:3; 29:21 ;51:24　75:11;77:16;83:18; 86: 10;91 :24;95:6;　83:6 million (8)　41: 14;43: 13, 19; 44: I0;46:7,1 0, 18;　108:3;109:16 loud (2)　104: 15;108:5; 109:2　21:2,7;22:4,23;　47:20;54:3;55: 14,17,　needed (3) I 2:7;32:8;67:5 17:3;56:10　maybe (3)　61:21;63:23,24;64: 1　21 ;89:23;90:2,4,21,　needs (1) loyal (1)　12:4;53: 18;99: 1　millions (1)　24;91:6,11,17,20;　15:18 I 50:1　mean (1I)　42:12　92: 1,7, 12,20,25;93:4,　negotiate (1) LP (1)　35:2;36:22,24;　mind (1)　7,9,13,15,18,22;94:5;　I 27:25 73:13　38: I, I,4;48: 10;　53:3　95: 15;96: 14, 16;97:9;　Neither (1) lunch (2)　52: 16;54: 19;67: I;　minimum (1)　98:21,24;99:9,14,17;　I 4:25 99:1,8　91: 18　106:21　100:5,9,13,19;104:2,　. nephew (1) M　meaning (2)　Minister (1)　5,9; 105: 15, 18,21 ,25;　I 48:20 36:13;55:10 means (1)　84:17 minute (1)　106:6,11,15,18;　nephews (1) main (2)　22:10　61:12　107:7,21 most (1)　I 48:15 nervous (9) 104:9,10　meet (5)　minutes (5)　54:9　I 30: 19,20,22;31 :4,8, Mainland (1)　4:5;7:3; 16:1;50: I;　9:4;32: 19;39:6;　motion (1I)　22;36: 16, 18;47: 14 49:2　107:24　58:19;91:9　5:18;8:18;11:21;　New (34) mainly (1)　meeting (7)　misreading (1)　12:16; 13:21 ;23:8;　6: 11;9: 18;17:6,6; 59:23　27:25;62:4,13;　7:14　25: 15;29:21 ;73: 13;　18:19;23:5;27:3; maintenance (3)　83:22,23,25;84:2　misrepresentations (6)　108:6,17　34: 15, 18,18,23;49:5, 61: 18;62:20;81:4　meetings (1)　7:7;8:8,17,19;9: 19;　motions (3)　8;51: 12,17, 19,21,23; makes (2)　58:19　24:25　13:24;16:6,21　52: 1,2;56: 12, 12; 9: 18;99: I　meets (1)　misrepresenting (1)　move (8)　57: 12;59: I;86: 12, 14, making (5) 45:5;52: 16,17;　4:21 member (5)　8:9 missing (1)　3:2;46: 18, 19;49:5;　19,22;87:3;98:22,24; 66:4;103:14　18:10,14;48:19;　95:6　56: 17;70:2;99:2; 109:21　106:6,12,22 Next (9) malfeasance (1)　105:14,19　misstates (1)　moved (1)　6:5;7: 16;32:24; 5:2　members (2)　28:25　63:18　55:25;63: 14;88:24; management (2)　18:13;57:16　mockery (1)　moving (1)　89:3;95: 15;97:8 57:8;58:10　memorandum (1)　9:14　72:10　niece (2) manager (3)　70:2　Mom (1)　much (4)　I 48:15,19 56:25;57:11,11　memorialized (1)　51:2　63:24;81 :3;97: 1;　Nine (1) manages (1)　32:15　momept (2)　103:24　I 57:5 83:2　memory (3)　30:2;83:17　multi-media (1)　nitpick (1) Mandarin (4) 30:25;97: 14, 17,21　7: I;30:22;42:23 mention (3)　money (3)　13:2　I 62:9 Mannis (1)　22: 14;38:2;39:23　8:20;33:2;99: 13 month (5)　multiple (3) 48:25;70:8;94:9　iObOdY (3) 33:4,5;105:2 65:1　mentioned (4)　50: 10;55: 19,19,20;　must (3)　r one (I) Min-[J-Scripl@ (8) long - None FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM　INDEX NO. 652077/2017 NYSCEF DOC. NO. 331　Case 22-50073 Pacific Alliance Asia v.　Doc 404-17 Filed 05/20/22　Entered 05/20/22 11:52:18　Page 120 RECEIVED NYSCEF: 05/08/2019 Kwok Ho Wan　of 126　April 26, 2019 81:5　off (9)　opporlunily (2)　6:9; 11:17;28: 17,　barties (4) normal (I)　20:11;24:23;47:10;　16:11;36:10　18,19;29:6,8;34: 18;　I 3:5,18;44:5;90:20 96:8　55:18,19;57:15;　opposing (I)　60:3,14,18;68: 14;　parlner (I) nole (4)　104:3,5,6　5:18　74:4;80:19;81: 16,17,　I 58:7 2:4,11;30:1;97:13　offer (14)　opposilion (3)　19;96:9; 105:7　parIs (2) noled (I)　6:4;20: 19,24;21 :2,　12:1;23:8;25:15　owned (9)　I 18:11;96:6 59:2　10,13;22:5,12,17,23,　option (I)　7:25;8:5;27: 11,11;　party (13) notes (I)　25;23:23;78: 12;　8: II　28:23;86: 13;95:8;　9:7,8;20:9;42: 16; 63:4　92:23　oral (4)　105: 14, 17　47:3;48: 18;49: 16; notice (16)　offered (5)　44:2,16;102:6;　owner (12)　50:6,14,20,25;86: 17, 76:17;85:11,16,17,　62:16,16;71:12;　109:12　30:6;79:21 ;80:22;　20 19;98: 17,19;104:5,7,　96:14,16　order (26)　81:8, 10;85: 15;86:2,　pass (I) 10,11,12; 106: 17,24;　oflband (I)　13:4;46: 14;75:22;　15;88:5,20; 105: 12;　I 31:21 108:11;109:1　81:18　76:2,16;78:21 ;79:4;　106: 13　passed (2) noticed (I)　office (I)　80: 13;88:7;91 :5;　ownership (17)　I 22:22;47: 16 96:2　52:2　98:7; 102:9,25;104:6,　8:4; 15:7,8, 10,13;　passel (I) notify (I)　OFFICER (9)　7,10,11,23;105:2;　28:6,8;29: 17;30: 15;　I 12:20 70:18　17:9;27: 15;56:24;　106: 18,22,25,25;　32:21 ;39:2;85: 14;　passport (I) November (I)　75: 13;76:5;77: 12;　107:2;108:2,15　86:3,12,17,20;105:23　50:17 I 20:1　78:9;98:4;99:23　ordered (2)　owns (21)　Paul (I) number (9)　official (5)　103:19,21　10:20;27: 18;28: 14;　I 99:18 2: 1;5:23,25; 12:18;　53:20;78:8;97: 12,　orders (2)　29:3,9;32: 1;33: 13,21,　pause (4) 48: 13,16, 16;76:22;　17,21　11:10;102:21　21,24;34: 13,15,18,　4:23;24: 15;56: I; 91:23　old (3)　ordinary (I)　22;86: 13, 13,14;　I 83:19 I numbers (2)　49:11,12;50:23　32:18　95: 12; 105: 18; 106:2,　PAX (2) 91:21,24　O'Melveny (4)　organizations (I)　7　I 12:2;73: 13 2:14,15,18;69:1　53:24　pay (4) 0　once (2)　originally (2)　P　I 9:2;11:9;62:19; 102:7;104:13　92:23;99:4　81:4 object(4)　one (53)　Ostrager (2)　Pacific (I)　paying (I) 14:I0;71: 17;89:21;　4: 18,18,23;5:23;　7:14;25:23　2:2　I 8:22 94:19　10:18;11:20;13:9;　others (3)　package (3)　people (16) objeclion (31)　15:I; 18:9,13, 14, 18;　53:23,24;54:2　58:21,21,22　18:6,9;22: 18;27:5, 23:23;24: 13;26:8;　22:4;24: I, 15;29: 13;　otherwise (I)　page (18)　9;28:2,3;31: 14, 18; 27: 13;28:25;32:9;　32:8,13;41: 18;42:2,　108:13　20: 17;21 :20;26:6;　39:23;42:6;48: 13; 41 :8;43:20,20,25;　10,11 ;44:5;45:9, 13;　ought (I)　29: 19;31 :25;34:5;　67:4,4,7;81: 19 54:3;60:5,20,22;　47: 15;49: I0;50:23;　71: 16　38: 12;39:25;40: 15,　people's (I) 62:6;63: II ;66:6;　51: I;55: 14,19, 19,20;　ourselves (2)　22,23,24;69: 17;　I 31 :16 67: 12;68:9;70:7;　62: 15;66: 19;74: 1;　45: 14;62:20　78: 17;91: 16,20,23;　percent (3) 71: 11;72:9, 18;74:5,　77:4;83:21,22;84:16;　out (12)　92:1　35: 18;36:8;45:4 I 14,16,20;78: 15;　85:6,6;96:24;98:8;　4:2; 19:8;44:2;　pages (2)　Perfect (I) 94:14,17,23　100:22;103:19;　47: 12;53:22;68:22;　42:11,12　I 16:19 objections (13)　104: 10,21;105:5,9,　70:22;85: 19;89:3;　paid (I)　perhaps (I) 10:12;12:20;15:24;　18,20; 108:5　91: 16;95:3; 100:21　52: 17　I 89:5 89:7,14,19;90: I;　one-day (I)　outline (I)　paper (6)　period (4) . 92:9;93:24;94:9;　45:24　99:2　28:6,8;30:9;31 :7;　I 61:18;66:1;70:15; 95:3,19,21　ones (2)　out-of-slate (I)　43:1;90:20　I 80:12 obligations (I)　41:18;96:5　93:14　papers (II)　perjury (I) 6:19　ongoing (I)　outside (I)　7:12,15;12:1;　I 5:16 obtained (4)　24:3　45:13　29: 17,21;46:2;69: I,4,　perplexed (I) 22: 10,15;45:8,8　only (13)　outstanding (I)　4;76: 11,15　I 92:3 obviate (I)　2:8;31: 19;47:6;　52:21　paragraph (6)　person (17) 108:3　59:20;83:7,8;91: 14;　over (4)　28:24;54: 15, 17,20,　18:7;19:5;35:17; obviously (4)　92: 14;93:25;94:3;　41: 18;51:22;57: 10;　21;78:17　42:5,14;47:7;50: I; 22: 17;24:8,14;.　102: 17;105:22;106:3　79:12　parents (I)　66:4,21,22;67:2; 107:22　opening (3)　overruled (4)　48:15　I 81:6;82: 18,20,21; occupancy (6)　3:9;9:4; I00:21　27: 14;94:21,25;　part (6)　84: I0;88: 17 61:23;67: 17,18,24;　operate (2)　95:22　5:24; 16: 10;53: 10,　personal (42) 68:7,18　52:3,5　overview (I)　12;89:22;96: I　22: 15, 16,19;26:24; occurred (I)　Operating (3)　3:16　particular (3)　27:7,21;28:1;29:11; 96:6　56:24;76:5;78:9　owed (I)　24:1;46:4;61:13　30: 18;31 :20;32:20; o'clock (I)　operation (2)　107:5　particularly (I)　33:3,11;34: 14;35:3,9, 99:16　52:15,16　own (19)　72:3　11,18,22,24;36: I,5,7, Min-U-Script@ (9) normal- personal FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM　INDEX NO. 652077/2017 NYSCEF DOC. NO. 331　Case 22-50073 Pacific Alliance Asia v.　Doc 404-17 Filed 05/20/22　Entered 05/20/22 11:52:18　Page 121 RECEIVED NYSCEF: 05/08/2019 Kwok Ho Wan　of 126　April 26, 2019 13,22;37:6,9,13,15,　2:4,11;17:3;21:16,　preferable (I)　15:23;104:10;　I 45:14 20;43:9;49: I8;53: I; 54:8,16,18,22;55:9;　18,21;26:7;40: 10;　46:19　105:5　pulled (I) 62:7;67: 18;68: 19;　56:9;69: 17;74:2; 97:12,25　preference (I) 77:1　proceed (7)　45:13 84:3　pledge (37)　prejudgment (I)　2:8;16:17;41:19; 94: 15; 100:3; 107:25;　purchase (19) 8:20; 15:3;33:2,8, personally (4)　24:4,5,15,19;38:2,　44:17　108:4　11;44:3;57: 12;58:4, 27:22;37:23;61 :25;　7,10;41 :2,4,22;43 :6,　prejudice (2)　proceeding (3)　12;59:7;61 :3, 14; 67:24　10;44:9,11,18,21;　108:10,23　9: 14;25:20;46: 14　62: 15;83:23;86: 19, persons (I)　45:1,6,11,18,19;46:3,　prejudiced (I)　proceedings (3)　22;87:7;90: 10, 13 108:II　6,11,12,14;47: 14;　107:20　9: 19;56:2;83:20　purchased (II) phone (I)　68:8,20;72:5;76: 12;　pre-marked (I)　process (10)　: 27:22,23;33:10; 84:1　79:3; 101:20,21 ,23;　76:25　6:7;10:1;57:13;　65: 15;67: 15;68: 13; phrased (I)　107:12;108:12　prepare (I)　58: 14;59: 13;62:25;　, 70:12;81:6,13;101:1; 103:10　pledged (24)　106:25　65: 13, 16,17;84: 13　107:8 I pieces (I)　7:9,13;24:20;　prepared (2)　production (I)　purchaser (4) 43:1　37: 19;39: 12,15,20;　9:15;103:15　15:25　8:25;60:17;63:15; piercing (14) 4: 15,15,24;5:7,8,9;　40:2,5,19;41 :21;43:5,　present (2)　professional (2)　64:5 I 100:7,16,18,22;　8,8;68:21 ;69:3 ;70:6, 13,17,19,23; 101:I8;　90:23;96:12 presentation (6)　47:5,6 project (I)　purchasers (I) 102:20,25; 103: 12, 16　105:1,9　13:3,22; 16:4;84:3;　42:9　I 85:5 purchases (I) Ping (I)　pledges (IS)　89:4,22　proof (2)　57:18 17:5　5:23;7:8;24: 17,23,　(4) presented　4:19;103:2　purchase-sale (1) place (3)　25;37:3,16,25;38:5,　12:19;13:5;88:11;　proper (2)　I 87:6 45:6; 104:6; I09:2　15;44: 1,6,7;45: 16;　97:5　15:22;24:9　purchasing (3) placed (I)　105:3　presently (I)　property (4)　I 14:2;58:16;64:6 76:12　pledging (2)　109:10　58: 17;87:4;98: 12;　purely (1) places (I)　37:22;106:24　President (IS)　107:23　I 104:4 48:25　plus (3)　6:6;7: I8;27:3;　propose (I)　purported (2) plainly (I)　31: 13;36: 15;67: 19　51: 16;52: 11;56:23;　100:3　, 60:10,14 11:7　pm (2)　57:24,25;58: 1,3;59:1,　proposing (2)　purporting (1) plaintiff (8) 2: 14,16, I8; 10:2;　99:24; 103:22　22;78:9;90:8;93: 10　100: 18,20　I 60:3 102:10,19;103:25;　pockets (I) 109:8　presume (I)　proprietary (9)　purpose (3) 107:5　point (12)　79:11 pretenses (I)　62: 1;67:20,21; 68:6,10,16;70: 13;　I 9:8,10;73:12 plaintiffs (16)　5:5; 13:25;44:5,5,6;　107:9　88: 17,21　purposes (2) I 12:15;25:8 13:22; 14:13;16:3,　45:9,15,19;47: 14;　pretty (I)　prospective (2)　pursuant (I) 10;76:3;78:24;79:6,　95:25; 104:14;108: 16　12:7　60:16;63:15　i 45:22 7;89:6;97:2; 100:3,7;　points (I)　previously (4)　protect (I)　put (25) 102:I, 14,25; 109:8　95:19　2:6;28: 16,19;52:20　62:20　3:4;4:2;6:2,15; plaintifrs (2)　political (I)　price (I)　protection (I)　13:10;19:11;20:19, 14:5;98:11　107: 10　58:18　102:10　23;24: 19;25:2;26:23; plan (I)　portion (5)　prime (2)　proud (I)　41 :23;42:20;48: 18, 38:3　21:18,21;92:15;　13:9;84:17　52:24　21 ;54: 12;58:20,21, play (10)　96:20;97:1　principal (I)　prove (10)　22;62:24;89:20,23, 9:5; 10:4; 11:14,14;　portions (6)　5:17　4:9,10,14,25;5:4,9,　25;91:7;103:15 13:15;28:4;92: 14,16;　12:23;89:7,19;　prior (8)　21;7:15;12:16;　putting (3) 93:25;96:20 played (13)　92: 10;93:21 ;96:22　5:18;11:21;25:6;　100:22　: 12:11;57:14;79:10 10:9,17;11:3,19;　position (10) 42: 18;56:22;57:2;　26: I8,19;53:9;62:14;　provide (8)　PX (6) 12:5,9;28:5;91: 1;　72:25;88:21; 100:6,　106:22 priority (2)　3:15;13:4;17:13; 59: 15;60: 13;65: 13;　19:24;23:17;43:19; 94: 16,22;95: I, 14;　14;101:1,8,24　24:7,22　104:12;106:20　46:24;69:8,12 96:23　possible (I)　prisoner (I)　provided (II) playing (10)　50:14　107:10　7:20;59: I8, 19,20;　Q I 90:6;91:5,8,12,13,　potential (3)　probability (I)　65: 14,15;69: 13;　4uality (I) 16;92: 15;93: 16;94: I;　4: I; 107: 12;109: I　3:19　78:20;80:4;81: I;　; 92:2 96:22　practical (2)　probably (4)　98:18　quick (3) pleaded (I)　103:25;104:20　31 :23;92: 13;96: 10;　provides (I)　I 48:2;87:24;95: 100:15　practice (I)　99:9　102:9　quickly (4) pleading (I)　65:20　problem (8)　public (2)　3:3;11:25;53:21; 24:9　precluding (I)　4: I8;7: 10;24:7;　6:1;9: 12　73:5 pleasantries (2)　106:22　104:9; 105:6; 108: 19,　publicly (I)　quietly (I) 83:7,8 please (13)　prefer (I)　21,22　8:3　I 11 :25 107:22　problems (3)　pull (I)　quit (I) Min-U-Scripl@ (10) personally - quit FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM　INDEX NO. 652077/2017 NYSCEF DOC. NO. 331　Case 22-50073 Pacific Alliance Asia v.　Doc 404-17 Filed 05/20/22　Entered 05/20/22 11:52:18　Page 122 RECEIVED NYSCEF: 05/08/2019 KwokHoWan　of 126　April 26, 2019 42:16　18:25;102:1　3:2,9　6:21　~uling (1) quite (5)　recess (2)　remember (13)　respond (6)　I 103:4 33:22;35:3;52:25;　56:5;99:25　5:23;31 :4,9,23;　10:7; 16:14;46:7;　rulings (1) 91:15;92:12　recognize (3)　38:7;39:21 ;42:2,10;　65:8,11;71:10　103:6 I quitted (1)　15:16;31: 16;47: 15　43: 12;46:25;61: 19;　responded (3)　running (1) 51:24　recollection (2)　63:7;84:7　71:15,18;82:9　I 109:8 quoted (1)　21:2;66:13　removed (3)　response (5)　Russ (2) 11:21　recommended (1)　98:13;101:21,24　71 :6;72:2,4,24;　I 2: 19,22 90:13　rendered (1)　86:7 R　recommending (1)　98: 11　responsibilities (3)　S 7:23　renew (2)　52:4,7,10　I raise (1)　reconcile (1)　108:7,24　responsibility (2)　I safeguards (4) 15:23　72:23　Renminbi (1)　36:7;52:12　: 6:16,23;61:14,16 raised (2)　record (6)　59:23　responsible (7)　sale (9) 14:1;102:6　2:5;3:4,7;29:25;　repeat (1)　8:22;31: 19;35: 18,　15:2;44:3;75:24, ralher (2)　74:7;95:25　47:1　23,25;36:8;58:11　24;76:7;86: 19,22; 35:4,12　records (2)　repeated (1)　responsive (1)　87:8; 104: 13 reach (3)　88:4;106:13　8:16　51:6　sales (2) 4:2; 19:8; 102:24　redacted (1)　reporter (2)　rest (1)　I 57: 18;105:4 read (27)　20:19　99:21,22　101:25　same (7) 13:8,12,18; 15:1,5;　RE-D1RECT (3)　represent (2)　result (1)　5:7;6:23; 17:25; 19:7,10;21 :7,16,18,　55: 16;74:24;84:22　75:6;103:6　61:14　35: 15;43:24;73: 18; 21;22:1;26:11,21;　reference (5)　representation (2)　reveal (1)　103:3 30:5;31 :6, 12;34:4,　4:22;53:7;84:3,14,　44:25;45:5　109:4　Sarnoff (24) 20;38: 12;53: 14,19;　16　representative (1)　review (4)　I 2:15,15;56:15; 69:2,19;72: 17,19;　refresh (1)　10:22　42:21;53:14,16;　59:2;60:24;61 :4; 89:8　66:13　representatives (3)　58:19　I 66: 12;69: 14;70:3, 10; reading (6)　refreshed (1)　7:7;65:25;66:20　reviewed (3)　71:21;72:1,11,14,20, 34:5,8;41:10;　21: 1　represented (1)　7: 19;79: 18;90: 12　22;74: 10,23;78: 15; 47: 12;89: 14;97:4　refuse (1)　7:9　reviewing (2)　84:23;85:3;92: 18; readings (2)　32:10　representing (1)　3:15;58:12　108:5,14 12:25;13:6　refused (3)　70:5　right (82)　sat (I) real (3)　11:17;13:11;32:6　request (6)　3: 10;6:2; 17:19,25;　I 62:13 13:14;16:8;47:6　regarding (5)　10:8;64:3,24;65:3,　18:16,19,22; 19:1,4,　satisfy (1) realized (1)　78: 1,2; 103:5,15;　9;66:18　17;20: 1,4,24;21 :3,7,　I 98:7 101:20　107:18　requested (5)　9,10,24;22: 1,5,7,22,　save (1) really (10)　registered (1)　28:2;32: 12;33:6,　25;23:4,10,18;25: 15,　I 89:5 9: 16;13:16;25:9;　88:12　18;100:9　23;26:4,25;27:11,12,　saw (11) 36: 13;42:21,25;　regurgitation (2)　requests (3)　19;28:7;29: 16;30: 15;　7: 12;13:10;21 :23; 47: 16;87:20,23;　13:23;46:1　66:1,7,10　31: 10,22;32:7;33:2,4,　22: 11;28:6,8;41: I; 95:12　re-introduction (1)　required (4)　10,14;34: 13,16;36:7,　46:20,24;59:20;69:4 reason (3)　16:5　5:5;58:21 ;76: 17;　17,21 ;37:5,16,19,22,　saying (9) 10:22;48:21 ;98:6　reiteration (1)　80:24　25;40: 16,19,24;41:4,　11:23;13:13;21:9; reasons (4)　16:4　requires (3)　19;42:23;46: 17,21;　26:3;37: 1;47: 10; 6:23;49:25;63:7;　(I) reject　3:24;4:25;75:23　47:20;48: 16;55:7;　50: 18,22; I09:20 103:10　88: 13　re-registered (1)　62: 17;69:6;76: 13;　school (2) re-boa rd (1)　related (1)　88:8　79:25;84: 18;90:24;　I 49:12;50:2 65:17　108:5　reserve (1)　91 :21;92: 12;93:3,6;　scoping (1) recall (24)　released (4)　74:23　94:15;98:5;99:7,11;　I 10:11 29:22,23;30:3,11 ;　44:21 ;45: 1,6,11　residence (9)　100:2,17; 103: 17;　search (1) 32:3;34: 1,10,25;　relevance (12)　101:2,18,21;　104: 11　I 10:7 38: 17;40:7;42:23;　24: 13;43:20,24;　104: 14;107:9,12,16,　role (3)　Searles (40) 59:9,17;60: 16;61:16,　46:4,8;60:23 ;62:8,　19;108:13　52:11;57:11,12　2:19,19;23:25; 22;62:21 ;63:21,23;　10;68: 12;94:9,13,24　resides (1)　Roscalitar (1)　26:8,11 ;27: 13;28:25; 64: 13,14;66:2, 18;　relevant (9)　93:10　41:2　32:9,12,25;41 :8,17; 68:6　11:8;12:21;24:24;　resolved (2)　roughly (2)　43: 17,24;44: 14,23; receive (2)　25: 1;60:6;63: 12,13;　38:3;42:25　57: 17;63:23　45:4;47:23;48: 1; 85:10,11　71:19;95:12　resolving (1)　rule (2)　53:5;54:5;55:2,13; received (11)　relied (2)　16:1　24:23 ;92: I0　89: 16,25;90:3;91 :2, 6:4;20: 14;49: 15;　5:19;7:22　respect (7)　ruled (1)　10,14,18,23;92:22; 64:25;72:3,12;78: 14;　relief (2)　24:4;43:25;71 :9;　26:10　94:7,13;95: 18,24; 79:3,6,12;80:6　109:13,15　73: I;74: 15;100:7,25　rules (2)　96: 13,17,24;97:6 recently (2)　remarks (2)　respectfully (1)　68: 19;94:6　seat (2) I Min-U-Script@ (11) quite - seat Case 22-50073 NYSCEF DOC. NO. 331 Pacific Alliance Asia v. Kwok Ho Wan　Doc 404-17 Filed 05/20/22　Entered 05/20/22 11:52:18　Page 123 of 126　RECEIVED NYSCEF: 05/08/2019 April 26, 2019 56: 13;98:4　sets (2)　67:21,24;68:4,16,18,　64: 16,21,24;65:4,6,　I state (4) seated (I)　16:6;46:2　19;69:5;75:24;78:6　12;66:4,21,24,24;　117:4;56:9;97:25; 17:7　seven (4)　significant (4)　67:8;82:4,18;83:5;　98:13 second (16)　9:4; 18:6,7;48: 14　8:16;9:22;10:11;　107:16　stated (I) 4: 14,18;5:2;30: 18,　several (2)　21:6　son's (I)　I 68:7 24,25;48:2;50:3,4;　3:1;75:10　significantly (I)　7:1　statement (6) 53: 17;78: 17;83:23;　shaking (I)　Sorry (28) 99:6　I 26:18,19;30:14; 96:24;104:18;　31:12　signing (I)　20:10,11;36:15,18,　40: 18;46: 13;50: 18 109:13,16　shell (2)　67:19　19;39:13;40:23;51 :5,　statements (3) Secrecy (I)　8:21;10:19　similar (I)　8,8,8,8;52:9;54:25;　I 26:24;35: 15;37:8 7:2　Sherry (4)　6:23　55: 1,1;66:8;68: 13;　States (3) secreted (I)　57:3;81:19,22;　similarly (I)　71: 14;77:7;85: 1,2;　I 14:16;60:11,18 98:12　109:24 6:21　91 :2;93:8;94: 18;　status (I) sections (2)　Sherry-Netherland (69)　simple (2)　98:23; 100: 12;101:6　I 99:1 96:4,9　6:6,8,15;7:8,11,12,　11:2;43:3　sort (2)　step (2) secure (I)　17,21;8:5,7,11,19;　single (I)　59:12;108:7　I 48: I;55:22 62:3　15:3;20:20;56:21;　28:6　sought (3)　still (6) security (II)　57:19,21;58:11;59:7;　Sister (2)　63: 19;64:6;86:3 I 25:24;29:7;30:20; 6:16;61:17,19;　60:9,13,17,25;61 :3,6,　50:12,16　sound (2)　47: 15;48: 17;I03:7 63: 19,24;64:7;67: 17,　13;63:10;64:2,5;　sister-in-law (2)　13:5;15:15　stipulate (4) 18;80:24;81: 1,3　65:8,11 ;67:21 ;68:3,　48: 16,20　sounds (I)　I 12:15;44:11,14,15 seeing (2)　20;70: 19;71: 18;72:3,　sit (3)　24:12　stipulated (8) 9:20;49:23　4,16,24;76:6;78: 10;　30:21 ;38:8;39:6　speak (8)　I 3:5,18;12:14,18,21, seeking (3)　79:22;82:9;85: 10, 16,　situated (I) 47:7,24;53: 19,23;　22;46:6;70: 16 14:17;108:10;　24,25;86:5,21 ;87: 16;　6:22　60 :6;75:20;83 :8;89:3　stipulating (I) 109:9　88: I,4,9, 13, 16,19;　situation (3)　speaking (3)　I 46:2 seemed (I)　90:9;93:3;98: 15, 16,　31:24;39:5;50:5　49: 1;53: 18;54: 16　stipulation (2) 83:11　17;I01:2,5,9;104: 16,　situations (I)　speaks (3)　I 24:2;45:1 seems (I) 23;106:5,13　65:20　72: 13;82:25;83: 1　stock (3) 83:14　Sherry-Netherland's (I)　six (3)　spent(l)　I 88:1,7,12 select (2)　72:23　48: 17;49: 11;50:23　47: 11　stop (I) 89: 19;91:11　Sherry's (I)　size (I)　spoke (I)　I 50: II selection (I)　88:21　62:3　54:2　stopped (3) 94:1　ship{l)　skip (I)　spoken (3)　I 49: 13,22,23 sell (12)　57:15　59:3　83:5,10;89:17　straight (I) 5:25;11:24;14:3;　shock (I)　slide (2)　Spring (13)　I 24:25 18:25; 19:17;85: 12;　88:5　4:4;28:13　23:5;27:3;42:7;　strategy (I) 87:4;98: 18;104: 15;　short (4)　Sloane (13) 47:2;51: 16,19,21 ,23;　I 38:3 106:16;107:18;　3: 16;9:3;63: 16;　19:1,4,6,8, 12,16,　52:1,1,11,22;53:24　Street (2) 108:12　102:22　25;21 :8;22:8, 11,20,　squabble (I)　I 17:6;56:12 selling (2)　shortly (2)　23;64:14　96:19　stronger (I) 19:4;58:16　64:6;70:22　small (I)　stage (I)　I 9:22 sells (I)　show (18)　18:8　103:2　structu re (4) 87:5　8:14,16,18,20;　sold (I)　stand (5) I 6:18;61:6,10;86:12 send (2)　9: 15;13: 14;31:5,9,　55:5　14:9;25:4;32:23;　Stuart (I) 19:8,11　10;42:11,22;47:13;　sale (2)　55:24;89: I　I 2:15 sense (3)　60:9;61: 12;66: 12;　105:14,19　standard (9)　studied (I) 96:8;97: I;99: I　71 :21;74:3;90: 16　solved (I)　3: 17;4:5,21,24,25;　I 50:3 sensitive (I)　showed (3)　108:21　5:24;7:3; 11:8;65: 19 stuff{l) 21:5　6:8;8:1;31:11　somebody (IO)　standards (4)　I 47:10 sent (3)　showing (4)　13:15;81: 13;84:8;　4:24;102:11;103:2,　subject (7) 20: 14;59:24;69:5　6:20;43: 17;60: 17,　87:25;88:11,12,13;　3　14: 18,20;24:2; separate (3)　18　104: 15;105:8; 109: 17　standing (I)　68:11;71:18,19; 36:20,25;37:2　shui (I)　somehow (I)　51:2　100:4 sequence (I)　63:7　30:23　stare (I)　submit(3) 92:6　side (I)　someone (7)　36:16　I 6:21;58:23;89:5 serious (2)　90:1　8:9;20: 19,23;64:9;　start (13)　submitted (16) 4: 17;26: 1　sign (2)　82:3;83:3;84:3　3: 11,14;28:2;48:4, served (2)　5: 17;13:24; 15:2; 54:13;61:23　sometimes (2)　8;49:5;51 :25;52:2,　23:2;25: 14,22;41 :20; 69:1;76:11　signature (I)　19:15;36:15　22;76:20;89: 13;99:5;　43:4;53: 15,25;60:2; set (7)　78:7　son (24)　102:12　84: 13, 16;90: 11; signed (12)　48: 14,19;49:9, 10,　started (3)　101:4,8 2:7,8; 10:20,24; 65:3;85: 18;102:7　15:4;42:2;54: 10;　13,21,23;50:23;51: 1;　28:9;48:6;91: 18　~ubmitting (2) Mill-U-Script@ I (12) seated - submitting Case 22-50073 NYSCEF DOC. NO. 331 Pacific Alliance Asia v.　Doc 404-17 Filed 05/20/22　Entered 05/20/22 11:52:18　Page 124 RECEIVED NYSCEF: 05/08/2019 KwokHoWan　of 126　26, 2019 April 53:9;65:22　(3) swearing　17:2;28:22;32:22;　103:14;107:3　3:6;6:25; 10: 10; suborn (I)　26:4;43:5,7　38:20;52:25;56:8;　today's (I)　31:12 I 5:16　switching (I)　74:3;97:20　13:22　true (5) subpoena (I)　55:2　testifies (I)　together (7)　I 76:15;97:24;101:2, 14:6　(6) swore　15:16　18:9;50:3;57: 14;　9,13 I subpoenaed (2)　5: 19;28: 16;41:21;　testify (8)　58:20,22,22;79: 10　trust (7) 73:16,17　43: II ;44: 11;46: 10　5:11;6:7,10,24;7:6,　told (25)　I 6:25;64: 17,19,24; subsequent (I)　(12) sworn　16;73:15;95:7　2:6;7: 13;8:5,6;　65:6;66:24;81: 17 70:15　17: 1,9;25:6;26: 18,　(2) testifying　10:6;22:11,13,23;　trustee (2) subsequently (I)　19;27: 10;28: 19;35:6;　32:23;62:7　33:4,5;36:5;39:4,19,　I 58:8,9 59:25　37:8;56:7;97: 18,19　(41) testimony　21,22,23;40: 1,4;　truth (5) succeed (I)　5: 14;8:2,5;9:4,7,9,　49:20;50:4,12,19;　I 5:22;23:24;73:23; 12:17　T　9; 13:4; 16:18;25:6,7;　65: 12;72: 16;82:9　95: 12;97:23 success (I)　26: 12,13;28:21 ;29:I;　Tony (1)　try (13) 3:19　table (3)　32:17;37:11,12;　84:17　10:7;27:5;31: 14; sue (I)　21 :2;24:23;47: 10　54: 14;62: 10;66: 13,　took (4)　33:6;43:3;46: 14; 73:8　Taiwan (2)　15;71: 17;73: 10,21,　2:8;12:1;51:22;　47:7,24;53:22;56: 17; sufficient (2)　, 84:6,7　25;74:6,9;79:9;　73:1　73: 12;99:2,3 5:1;100:15 (2) suggested　tale (1)　86:25;90: 15,18,25;　top (3)　trying (II) 95:10　93: I;94:9,20;95:4;　6: 11;21: 15;104:21　3: 15;10: 13;24:22; 100:21;108:21　talk (5)　96:4; 101:13;105:6,7　topics (3)　27:8;36:18;47:11,18; summarize (I)　7:4;10:14;13:11;　theirs (2)　10:18; 11:2;55:2　50:9;67: II ;74: 19; 73:25　18:24;38:5　45:10,11　Tor (I)　109:22 summarized (I)　talked (3)　therefore (3)　97:15　Tsang (I) 74: 11　5:8;11:4,5　93:16;101:12;　T-O-R (I)　j 82:22 summarizing (2)　(7) talking　108:6　97:15　urn (3) 74:6;94:19　27:21 ;43:2;49: 13,　(6) third　total (2)　I 40:10;89:3;105:17 sun (I)　22,23;50:11;53:22　8:11;13:20;45:25;　9:4; 18:7　turned (I) 107:3　talks (I)　50:9;53: 17;86:20　totally (2)　I 79:12 super (6)　24:17　(4) though　18:9;30:23　twice (2) 30: 19;31:3,7,22;　tape (12)　32:7;35:6;45: 15;　(3) touch　I 16:6,21 36:16;47:13　10:9,17;11:3,19;　86:21　67:5;83:3,3　twist (I) supplied (I)　12:9;28:5;49: 17;　(8) thought　(2) track　I 24:22 78:24　91: 1;94: 16,22;95: 1,　4:6,11;12:4,7;　51: 10;52:23　two (30) support (6)　14　20: 18;62: 18;91:3;　transactions (1)　4: 15,23;5:22,25; 4:5,20;23:7;25: 14;　task (1)　108:20　57:17　6: 10;7: 19,24; I0: 19, 40: 18;84:4　12:1　thousands (1)　transcript (6)　21 ;13:24; 16:6;22: 18; (2) supposed　team (I)　42:12　12:24; 13:3;34:4;　28:24;36:20,25;37: I, 8:25;52: 18　(3) 52:12　threaten　89:6,8;92:21　12;42: 11;43: I;46:2; supposedly (I)　technical (1)　42: 16;49: 18;50:7　transcripts (3)　49:25;53:3;78: 18,23; 11:24　31:6　threatened (1)　12:23,23;13:6　84:24;90: 19;95: 18; Supreme (I)　teed (1)　48:21　transfer (21)　99: 15;I00: 14;104:20 25:23　9:3　three (4)　6:25;7:2;64: 15,20,　type (4) Sure (II)　telephonic (I)　3:18;43:1;67:19;　24;65:2,3,22;66:23;　I 58:24;59: 17;63:9,9 3:8;5:25;31: 17;　83:25　108: 11　85:24;86:3,19;87:8,　typical (4) 33:24;35:3,20;52:17,　telling (2)　throughout (I)　12;98: 19;101 :20;　I 59:12;63:10,14; 17;57: 15;62: 10;　5:22;99:8　9:19　105:4,23;106:3;　74:15 99:17　ten (1)　timeline (1)　108:13;109:1　typing (1) surprised (I)　39:6　62:22　transferred (8)　I 63:9 109:11　(3) tenant　times (3)　85: 14;86: 17;87: 16; suspended (I)　61 :6,9;80: 15　3:1;11:16;50:5　88:8,12;95:8;98: 15;　U 108:7　(2) tenure　timing (3)　104:22　I suspension (1)　57:19;61:5　44:3;45: 18;63:9　transferring (3)　t Ullman (18) 108:16　(2) term　title (6)　64: 10;82:3; 106:23　6:5,5, I0, 14,24;7:4, sustain (I)　53: 1;54:22　56:23;64: 10;66:24;　transfers (2)　6;56:11,16;74:22; 14:10　(6) terminated　105:24;106:3,9　104:18;105:3　75:3,7,22;76: 15; sustained (10)　41 :23;43:6,10,11;　today (25)　transit (I) 60:8;67: 14;70:9,9,　77:22;78: 16;85: I; 44:12;46:12　3: 15;4:9, 19;5:5,10,　17: 12　87:25 9;73:2,3;74:8,17,21　terms (2)　12,21;11:14;12:11;　(3) translate　ultimate (5) swear (2)　16:15;58:18　13:8,25;14:6; 16:3,7;　15:13;19:10,11　174:1;85:15;86:14; 27: 17;97:22　terrible (I)　24: 16;25:7;44:3;　(2) translator　102:15;103:3 sweared (I)　II: 13　71:20;73: 12,23;94:1;　5: 14;32:7　ultimately (I) 36:9　(8) testified　98:25; 100:23;　(4) tried　I 33:2'. (13) suborn - ultimately FILED: NEW YORK COUNTY CLERK 05/08/2019 02:34 PM　INDEX NO. 652077/2017 NYSCEF DOC. NO. 331　Case 22-50073 Pacific Alliance Asia v.　Doc 404-17 Filed 05/20/22　Entered 05/20/22 11:52:18　Page 125 RECEIVED NYSCEF: 05/08/2019 Kwok Ho Wan　of 126　April 26, 2019 I unavailable (2)　29:8;50:10　101:23;103:9　16;27: 16;29:5,7, 12,　year (3) 93:13;96:7　Vice (3)　WeChat (1)　14;32: 12,20,23;39:3;　I 42:3;46:11;63:22 unconditionally (1)　6:6;56:23;78:8　49:23　43: 15;51 :5,8;54:5,6,　years (11) 8:23　video (22)　weeks (1)　8;55: 1,23,24,25;56:3,　15:8,8;18:21; under (7)　7: 17;9: 15; 10:9, 17;　7:19　11;66:9,11,12;67:3;　49:11,12;50:23;57:5, 3:23,24;5:24;9:6;　11:3,19;12:9;28:5;　Wei (5)　68:23;69: 16;70: 14,　10;59: I;62: 18;75: 10 104:11;107:9;108:14　49:24;50: 17,21 ,22,　105:6,8,8,9; 107: 10　22,25;71 :2,4,24;　York (29) underlying (1)　25;89:4,22;90: 16;　W-E-I (1)　75: 15;77:17,21 ;86: I,　6: II ;9: 18;17:6,6; 53:10　91: I;94: 16,22;95: 1,　107:10　6,9;87: 13,17;88:24,　18:19;23:5;27:3; understands (I)　14,20　Welcome (1)　25;89: 1,3;93: 14;　34: 15,18, 18,23;49:5, 15:9　view (4)　2:23　95:7,15;96:7;97:8,　8;51:12,17,19,21,23; understood (8)　67:10,13;74:18;　weren't (4)　24;98:2　52: 1,2;56: 12, 12; 10:14;15:18;19:13; 25: 17,19,25;54: 10;　99:4　26:3;84: 14;93:24;　witnesses (2)　59: 1;86: 12,14;87:3; 85:9　violate (1)　94:11　3:16;5:11　106:7,12,23 unfortunately (1)　68:10 violation (2)　West (1)　witness's (1)　younger (2) 56: 11　86:24　50:12,19 I 75:21　70:12,19　What's (4)　woman (1)　YouTube (2) Uniqueness (1) 60:24　Virgin (1)　17:23;46:2;58:21 ;　35:10　I 11:21,22 unit (I)　106:8 voice (8)　77:22 WhatsApp (1)　Wong (1) 20:3　Yvette (4) 87:15　11:23;12:3;13:15,　49:23　word (2)　116:23;20:3;21:15, United (4)　16;17:3;49: 17;50:21;　whenever (2)　18 14:16;60:11,18;　56:10　108:24,25　8:12;47:15 words (1)　Yvetteyue423 (I) 84:17　voluntarily (1)　Whereupon (23)　I 20:4 university (1)　14:8　3: 12;17:15;19:20,　51: I　Z 48:8　volunteer (1)　22;23:13,15;28:11;　work (10) 17:19,20; 18:3, II,　I Unless (2)　73:15　40: 12;43: 14,22;　18;48:24;51: 13,14,　.1 62:6;109:9　voted (4)　55:23;56: 1,5;69:9, 15,　25;52:22　Zero (1) unprecedented (1)　79:20,24;80:8,15　24;71 :23;77: 14,20;　worked (1)　I 5:20 Zhang (5) 6:15　vouched (1)　83: 19;88:25;97: 17;　18:15　I 105:6,8,8,9; 107: 10 up (23)　84:10　99:25　working (5) 2:7,8;5:9;6:5;9:3;　whole (11)　48:4,6,8;49:5;　1 10:20,24; 14:16,16;　W　6: I; 13:12;17:20;　51: 12　I 18:25;24: 16;47:25;　18:12;29: 10;43: 1;　works (1)　I 1 (3) 51:2;65:3,22;73:5;　wait (1)　48: 14;50:7;71: 13;　10:1　I 76:21,23,24 77:3;84:24;85: 18;　103:24　89: 11;90:6　world (2)　1.5 (1) 89:8;93:2;94:7;95: 10　walk (I)　Whose (1)　6:2;48:25　I 49:10 upon (1)　90:15　36:2　Worldwide (1)　1:00 (1) 15:8　Wan (4)　willing (2)　49:4　I 103:20 use (3)　2:3; 17:24;59:4;　50: 18,22　worth (1)　10 (1) 25:7;29:21 ;82:21　98:2　win (1)　24:14　I 18:21 used (12)　W-A-N (1)　73:13　wrap (1)　100 (5) 8: 12;9:7;25: 19;　98:3　wishes (1)　73:5　135:17,18;36:8; 50:25;53:2;61 :6,9;　Wang (21)　107:25　write (2)　45:4;48: 13 81:4;85:5,6,6;96:4　5: 13, 13,21; 16:23;　withdraw (1)　19:7,10　10019 (1) useful (1) •　17:5,19; 19:16,25;　64:6　writing (2)　I 56:12 4:6　23: 18;25: 12;26:23;　withdrawal (1)　71:12,15　101 (1) using (2)　27: 10;28:22;29: 16;　108:16　written (2)　I 26:22 6:10;24:7　30:3;33: 1;40: 16;　within (2)　72:2;104:12　102 (I) usually (1)　41 :20;46:20;47:24;　53:24;63:22　wrong (I)　I 34:20 35:20　72:25　without (21)　74:2 Wang's (2)　9:2;11:17;28:13;　wrongdoing (1)　r-minute (I) 92:15 V　17:12;46:10　42: I;47: 10;48:21;　5:3 wants (I)　85:24;86:4;95:9;　jl (I) 38:13 various (3)　105: 10　97:1;98:15,19;　X 4:2; 12:23;89:7　waste (4)　103: 13;106: 17,24;　j2 (I) 59:1 veil (14)　4:7;31: 15;98:5;　107:6,11,14,16;　X-ed (I) r51 (1) 4: 14,15,24;5:7,7,9;　99:10 100:8,16,18,21;　wasting (4)　108:9,23　95:3　103:21 102:20,25; 103: 12,15　44: 13,22;99: 12, 13　witness (73)　13 (I) versus (I)　way (8)　4:12,13,13,13; 14:9; 16:23; 17:5,8,9,　y　34: 2:2　15:24;22: 12;29: 13;　16;19:21;23: 14;25:3,　J5 (I) via (2)　31 :9;50:20;95:23;　3,4,5,5,11 ;26:8, 16,　Van (1) 17:5　32:19 50(I) Min-U-Scripl@ (14) unavailable - 150 Case 22-50073 NYSCEF DOC. NO. 331 Pacific Alliance Asia v. Kwok Ho Wan　Doc 404-17　Filed 05/20/22 Entered 05/20/22 11:52:18 of 126　Page 126 RECEIVED NYSCEF: 05/08/2019 April 26, 2019 17:6 16 (3)　5 49:14,24;50:11 17 (2)　57th (2) 9:24;19:24　17:6;56: 11 19 (I) 34:9　6 2　60 (I) 2 (I)　57:20 41:2　62012 (I) 2.3 (I)　3:17 62013 (3) 64:1　3:23,24;24: 17 2:00 (I)　64 (I) 99:23 2009 (3)　92:1 18:21;48:6;51: 13　65 (I) 92:1 2010 (I)　652077 (I) 57:6 2015 (10)　2:1 41 :4,22;43:6;49:8;　66 (I) 51:11,14;58:4;59:10,　92:1 67 (2) 11;75:18　21 :7;92: 1 2016 (I)　6th (2) 20:1 2017 (7)　63:4,5 2:2;41 :24;43:7;　7 49: 14,22;71:2,3 2018 (3)　7 (I) 18:18;51:22;78:21 21 (I)　34:20 41:4　77 (I) 34:8 22D (I)　78 (2) 17:6　29: 19;31 :25 23rd (2) 49:8;51:14　781 (I) 29 (I)　98:3 78:21　8 81 (2) 3 (I)　38: 12;39:25 8G (I) 63:23　56:12 3117a2 (I) 9:6 33 (3)　9 69:8,12,21　9 (2) 34 (2)　34:21;38:13 23: 17;53:7 340 (I) 56:11 35 (2) 71:22;72:1 40 (I) 57:10 43 (2) 43: 19;46:24 45 (I) 91:8 . \_. Min-U-Scripl@ (15)16-9