Guo Wengui / Miles Guo — bankruptcy case · EXHIBIT · ECF #404-21

July 21, 2021 Hearing Transcript, PAX v. Kwok, Index. No. 652077/2017 (N.Y. Sup. Ct.), Dkt. 898 FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 898 RECEIVED NYSCEF: 07/29/2021 Case 22-50073 Doc 404-21 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 2 of 27

> SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK : CIVIL DIV. : PART 61 -----------------------------------------X PACIFIC ALLIANCE ASIA OPPORTUNITY FUND : L.P., : : Plaintiff, : : - against - : Index No. : 652077/17 KWOK HO WAN, a/k/a KWOK HO, a/k/a GWO : WEN GUI, a/k/a GUO WENGUI, a/k/a GUO : WEN-GUI, a/k/a WAN GUE HAOYUN, a/k/a : MILES KWOK, a/k/a HAOYUN GUO, GENEVER : HOLDINGS CORPORATION, and GENEVER : HOLDINGS LLC, : : Defendants. : MOTION -----------------------------------------X VIA TEAMS OFFICIAL ADDRESS: 60 Centre Street New York, New York July 21, 2021 B E F O R E : (Via Teams) HON. BARRY R. OSTRAGER, Justice (Appearances on the following page.) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ROBERT PORTAS, R.P.R., C.R.R. SENIOR COURT REPORTER

FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM

4 New York, N.Y.

BY: STUART SARNOFF, ESQ. 5 EDWARD MOSS, ESQ. ANTON METLITSKY, ESQ.

New York, N.Y.

9 BY: JOHN SIEGAL, ESQ. MELISSA CARVALHO, ESQ. 10 ERIA BARROW, ESQ.

New York, N.Y.

13 BY: GUY PETRILLO, ESQ. JOSHUA KLEIN, ESQ.

BY: LEE VARTAN, ESQ.

HK International Funds Investments(USA)Limited

CHIESA, SHAHINIAN & GIATOMASI, P.C.

162 East 64th Street New York, N.Y. 10065 BY: AARON A. MITCHELL, ESQ.

FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM INDEX NO. 652077/2017

NYSCEF DOC. NO. 898 Case 22-50073 Doc 404-21 Filed 05/20/22 27 Entered 05/20/22 11:52:18

3 Robert Portas, RPR, CRR PROCEEDINGS THE COURT: Good afternoon -- or good morning, rather. MR. MOSS: Good morning, Your Honor. MR. SIEGAL: Good morning. MS. CARVALHO: Good morning, Your Honor. THE COURT: Just let me know if all counsel who plan to speak are present and then we can proceed with the motion for contempt. MR. MOSS: For the plaintiff, Your Honor, we're here. It's Edward Moss and my partner, Stuart Sarnoff. Good morning. MR. SIEGAL: For the defendant, Miles Kwok, who is present, I am John Siegel, S-I-E-G-A-L, from Baker, Hostetler, along with my colleagues, Melissa Carvalho and Erica Barrow. Also appearing for Mr.~Kwok is Josh Klein, from the firm of Petrillo, Boxer & Klein. He's Mr.~Kwok's personal counsel. And appearing, a special appearance by nonparty HK International, is Lee Vartan. Also present, Your Honor, is Miss Una Wilkinson who is Mr.~Kwok's translator who will be simultaneously translating so that he can follow the proceedings. THE COURT: All right, let me hear Mr.~Moss on the motion for contempt. After you speak I would like 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

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1 opportunity to make a statement to Mr.~Kwok who I'm very 2 pleased to see paying attention to these proceedings. 3 Go ahead, Mr. Moss. 4 MR. MOSS: Thank you, Your Honor.

5 everyone. 6 So I think this is a relatively straight forward 7 issue, Judge. The Court has already found correctly that 8 it has the power to hold Mr.~Kwok in contempt for 9 violating the Court's restraining order by moving the 10 yacht, Lady May, out of the jurisdiction. 11 The Court's order was crystal clear.

12 obviously has the ability to comply with it, and he 13 flouted it. It's not the first time that Mr.~Kwok has 14 engaged in this type of behavior. 15 But the Court gave Mr.~Kwok a chance, it did not 16 hold him in contempt, it said "If you bring the boat back

18 took Mr.~Kwok's people, including Mr. Siegal, at their 19 word that the yacht has to travel in the ordinary course 20 to the Bahamas for winter maintenance and gave him till 21 mid May of this year to bring it back.

22 was an affidavit from Captain Heaslop. He said, "Right. 23 That's when it comes back every year, mid May." 24 Well, the yacht never came back.

25 and we filed this motion, because the time has come to

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1 hold Mr.~Kwok in contempt, to order the fine or whatever 2 relief the Court deems appropriate so that Mr.~Kwok will 3 be sufficiently motivated to bring the yacht back from 4 where it is now.

5 now it's in Mallorca, Spain. 6 So let's just talk -- we haven't had a chance to 7 reply, so I'd like to address the opposition.

8 principal argument on the opposition is that Mr.~Kwok 9 does not have the ability to comply with the order 10 because he doesn't own the boat.

11 find that he has the ability to comply with the order. 12 He doesn't own the boat.

13 HK International does. Well, we've seen this before. 14 Rights, Judge? Mr.~Kwok forming a shell company, putting 15 it in somebody else's name, a son, a daughter, a -- an 16 employee, to shield the asset.

17 paper the shell company owns the boat. Okay.

18 his boat. Right? We all know that. 19 Mr.~Kwok says in his opposition that PAX has 20 offered no evidence, that's what they say, to demonstrate 21 that Mr.~Kwok controls the boat and can comply with the 22 order. Well, you cannot just say in opposition that 23 there's no evidence and ignore the evidence that the 24 other side put in.

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1 September 2020, repeatedly referred to the, quote -- to 2 the yacht as, quote, his yacht.

3 asked the Court in that case to enjoin the defendant from 4 appearing in close proximity of plaintiff, including but 5 not limited to his home, his place of business or his 6 yacht.

The complaint cites and thereby incorporates by reference an article entitled, "Beijing suspected in hacking yacht owned by Chinese billionaire." The article says, "Guo Wengui, who uses the English name Miles Kwok, said several incidents involving his 152-foot yacht, the Lady May, appeared to be part of a Chinese government effort to threaten and intimidate him." 7 8 9 10 11 12 13

This is an article that Mr.~Kwok and his personal counsel in that case, Mr. Mitchell who's representing Geneva here, found and chose to incorporate by reference into their complaint. 14 15 16 17

I don't have to tell you, Judge, that nowhere in that complaint or in that litigation did Mr.~Kwok or Mr. Mitchell ever say, "Well, we're attaching this article, but it's wrong." Right? If he doesn't -- "Mr.~Kwok doesn't really own the boat. The article's wrong in that respect." Of course they don't say that. The second piece of evidence they ignore: Mr.~Kwok's tweets, photos that at the posted on his since 18 19 20 21 22 23 24 25

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1 suspended Twitter account, of him on his yacht with his 2 own works saying, "I bought this boat.

3 it, but then I changed my mind because it was so

5 Those statements, like the September 2020 6 statement, were made after the yacht was in the hands, 7 supposedly, of the this HK International entity.

8 Mr.~Kwok considered it to be his.

9 considered it to be his, the same way he said in his 10 complaint. And if Mr.~Kwok can decide to advertise the 11 boat, to sell the boat and then to change his mind and 12 not sell it, I submit, Judge, that he can certainly 13 comply with the Court's order. 14 Third:

15 HK International, Mr.~Kwok, asked this Court for 16 permission if the boat could be moved.

17 for? He only represents Mr.~Kwok.

18 and the boat was moved anyway. 19 There is no question about who instructed 20 Mr. Siegal to ask that question.

21 evidence, Judge, look what has happened since.

22 restraining order, Mr.~Kwok has not paid a penny still on 23 the judgment, Mr. Siegal represented to the Court at the 24 November 12 hearing, "The yacht," quote, "needs to travel 25 offshore at some point for a brief period and then come

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8 PROCEEDINGS back into the United States. And we just wanted to disclose that so there is no thought that this is being secreted or transferred. This is just an ordinary thing that it has to do for licensing purposes." Yet, for the first time ever, despite these promises on Mr.~Kwok's behalf by an officer of the court, the yacht is now in Mallorca, Spain. Why do we think it happened that for the first time in history the ordinary course was changed and the boat is in Spain? We know, Judge. I mean, come on. The other side has put in no evidence, no evidence that Mr.~Kwok is not in control of the boat here. The only evidence that they have is a statement by the captain, in addition to the technical ownership on paper, a statement by the captain that he takes directions from an unidentified person at HKI. There's no affidavit from the daughter, Mr.~Kwok's daughter who supposedly controls HKI, there's no affidavit from Mr.~Kwok, there's nothing. In the cases that Mr.~Kwok cites in his brief the defendant makes an actual showing that he can't comply with the order. That's not the case here. There 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

Robert Portas, RPR, CRR So we've made our showing, and we believe it's more than sufficient for the Court's factual finding that FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 898 RECEIVED NYSCEF: 07/29/2021 Case 22-50073 Doc 404-21 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 10 of

1 Mr.~Kwok can comply with the restraining order, and, 2 therefore, should be held in contempt. 3 The fallback argument on the other side is that 4 the Court needs to have an evidentiary hearing to make 5 this factual finding.

6 showing and that a hearing -- hearing is not necessary. 7 But, Your Honor, if the Court wants to have one, that's 8 fine with us, we welcome it.

9 the point is, though, because there's really no 10 additional evidence. 11 Mr.~Kwok has taken the Fifth, he's not 12 responding to our discovery requests, and so he's 13 precluded from testifying. 14 Mr. Vartan, HK International, he's had a 15 subpoena since March, since March.

16 pages of documents, only a subset of what he's given to 17 the Court. He hasn't even given us all of the documents 18 that he gave to the Court.

19 us is that HK International has no employees, no 20 officers, no directors, no bank account, no documents, no 21 nothing. It's not a real company. 22 I said, "Mr. Vartan, where are the documents?" 23 You know what he told me, Judge?

25 I said, "Mr. Vartan, how do you pay for the fuel

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1 and the captain's salary and the -- and the mooring costs

3 What did Mr. Vartan say? "Golden Spring pays.

5 I went to Mr. Alter.

6 on the other side -- Right? -- with Golden Spring.

7 was ordered -- you remember Mr. Alter, he didn't want to 8 give me a single document relating to Golden Spring.

9 Court ordered them to comply in May.

10 so far in the last several months?

11 returns. They're fighting me now because he won't give 12 me an org chart.

13 which I need to discuss for custodians because he says, 14 "Well, the -- the identity of my employees is

16 statements, and certainly nothing about the boat. 17 So if we're going to have an evidentiary 18 hearing, which is okay, they have to comply with the

hearing, which is okay, they have to comply with the discovery so we know what the record is and there are no surprises at the hearing. We need documents and we need the corporate rep depos, depositions. Robert Portas, RPR, CRR Finally, the last point and then I'll finish, Judge, that Mr.~Kwok makes here is that because he has appealed the conditional contempt order to the First Department, the Court should defer a ruling on this 22 23 24 25

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1 motion until that appeal shakes out.

2 backwards, Judge.

3 moot the appeal, and then Mr.~Kwok can take his appeal 4 from that final order.

5 anything. First of all, the First Department didn't even 6 grant him a stay, so I don't think that the appeal's 7 going to change anything.

8 proceed here is to grant the final order of contempt and 9 then to take an appeal from that.

10 just -- Judge, if you just punt here and wait for the 11 appeal on the conditional contempt to be decided, we'll 12 just come back here either way and ask you for a final 13 order of contempt.

14 THE COURT:

15 arguments. Mr. Kwok's motion to stay the entry of a final 16 order of civil contempt pending the appeal, I want to hear 17 from Mr.~Kwok's counsel on that motion. 18 Just so the record is clear, while Mr.~Kwok is 19 in attendance, with no obligation whatsoever to speak, 20 there have been innumerable proceedings in this case. 21 I'll wait for somebody to translate that for 22 Mr.~Kwok if he doesn't understand me. 23 MR. SIEGAL:

24 translation, so he's following. 25 THE COURT:

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1 judgment against Mr.~Kwok in favor of Mr. Moss' client. 2 Earlier this year Mr. Moss sought to levy against the ship, 3 Lady May, which was represented to have a value of 4 approximately \$27 million.

5 sought to levy against the ship, Lady May, the ship, was in 6 the United States.

7 leave to move the ship, purportedly due to weather 8 conditions. The Court denied that request.

9 the ship was moved.

Thereafter, because the ship had been moved, in violation of a valid Court order, Mr. Moss' client moved for a conditional order of contempt. And the Court, which was obligated to impose sanctions which are proportional to the value of the asset that was removed from the Court's jurisdiction in violation of the Court's order, imposed a fine of \$500,000 a day for every day that the ship was not in the United States. 10 11 12 13 14 15 16 17

If the ship had been in the United States it would have been Mr. Moss' obligation before levying on the ship to obtain further orders of the Court in order to take possession of the ship and monetize the ship to satisfy the judgment. 18 19 20 21 22

Robert Portas, RPR, CRR It's now July, so the ship has been out of the jurisdiction of this Court for two months. And the sanction for disregarding the Court's order continues to 23 24 25 FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 898 RECEIVED NYSCEF: 07/29/2021 Case 22-50073 Doc 404-21 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 14 of PROCEEDINGS rise at the rate of \$500,000 a day. The sanctions solely due to the failure of the defendant and the entities he apparently controls have now reached essentially the value of the ship. So if the parties can't resolve all issues relating to the ship, Lady May, consensually I'm going to stay these proceedings pending the outcome of the appeal to the Appellate Division. I'm highly confident, but can't be certain, that the Appellate Division will conclude that if Mr.~Kwok and the entities he controls were ordered not to move the 1 2 3 4 5 6 7 8 9 10 11

ship from the territorial waters of the United States and the ship was nevertheless removed, that was a contempt of a lawful court order. So the penalties continue to run, the judgment remains unsatisfied. I don't believe that Mr. Moss has met -- met his burden on the record that's presently before the Court for a final court order of civil contempt, because there is an issue about the ownership of the ship, although it would seem that Mr. Moss has made more than a prima facie showing that all of these entities that allegedly control the ship are controlled by Mr.~Kwok. 15 16 17 18 19 20 21 22 23

Robert Portas, RPR, CRR One way or another Mr. Moss is going to levy on any assets that Mr.~Kwok controls to satisfy the

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1 judgment. And Mr.~Kwok is proceeding at his own peril by 2 orchestrating the voyages of this ship to everywhere and 3 anywhere other than the territorial waters of the United 4 States. 5 That's all I have to say.

6 counsel for Mr.~Kwok. 7 MR. SIEGAL:

8 and for the finding on the stay motion. 9 THE REPORTER: Who is speaking? 10 MR. SIEGAL: I'm sorry, Mr. Portas.

11 for the defendant. 12 We thank you for the ruling on the stay motion, 13 as well as the statement that plaintiff has not met its 14 burden to -- for a final order of contempt. 15 In light of those rulings, I don't want to 16 belabor this. I do want to note, just to make a record, 17 that certain statements have been made here that are 18 contested. 19 The plaintiff submitted to Your Honor a proposed 20 order, including a factual finding that the Lady May is, 21 quote, "A major asset owned and controlled by Kwok," 22 closed quote. 23 The record on this motion is entirely clear that 24 Mr.~Kwok does not own the Lady May, it's owned by 25 HK International, and that he has no interest in

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15 Robert Portas, RPR, CRR PROCEEDINGS HK International. That leaves the -- leaves the issue of control. And, just for the sake of the record, I want to note several things: First, the complaint that Mr. Moss cited is not a complaint in this action and it's not in the record on this motion. Secondly, unverified third-party articles and postings are not evidence. They're not the sort of factual evidence on which this Court can rule. With regard to the internet posting, that is the only material contained in this motion, Mr. Vartan is here for HK International and has information about the unlikely reliability and inaccuracy of that posting. With respect to the statements that were made about my prior request regarding relocating the boat in these proceedings, Mr. Moss said, quote, "There is no question who instructed me." That was his quote. There is no record as to why I asked or who instructed me, and arguments like, "There's no question" or "Mr. Kwok obviously has the ability to comply," are not sufficient to be proffered to this Court, especially when they're made about opposing counsel with no evidence or basis. And there's certainly an inappropriate or insufficient basis on which the Court could rule, which the Court has 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 FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM INDEX NO. 652077/2017 NYSCEF DOC. NO. 898 RECEIVED NYSCEF: 07/29/2021 Case 22-50073 Doc 404-21 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 17 of 27

1 recognized this morning. And we appreciate it. 2 So -- so the matter goes to the Appellate 3 Division, which we appreciate.

4 back here on this conditional order, we've made our 5 record. We think it is the plaintiff's burden to show an 6 ability to comply, that the plaintiff has not made that 7 ability. And the Court has really recognized that. 8 First, at the first hearing on this motion, the Court 9 stated on the record that the boat was, quote, a -- was 10 an asset that, quote, "Mr.~Kwok once claimed to own," 11 closed quote. 12 Discovery was ordered; discovery has established 13 that he does not own the boat. 14 Today the Court, in its care and caution, has 15 stated that the boat is owned, quote -- quote, "Is owned 16 by," quote, "entities he apparently controls," closed 17 quote. We appreciate the care the Court has taken to 18 note that there is no showing or no basis for a finding 19 of control and that assertions of who apparently controls 20 the boat are not a sufficient basis. 21 And, if and when we are back here, we look 22 forward to litigating that.

23 we really appreciate the carefulness and diligence the 24 Court is exercising, and we appreciate the ruling today. 25 THE COURT:

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about one thing:

2 the boat not be removed from the territorial waters of the 3 United States, upon an application from representatives of 4 Mr.~Kwok, or entities that he controlled, to remove the 5 boat from the territorial waters of the United States. 6 That order was disregarded by Mr.~Kwok and/or the entities 7 that he controls. That is a contempt of the Court.

8 that is why the Court, on May 15th, ordered that there be 9 a sanction of \$500,000 a day for every day that the boat is 10 not within the territorial waters of the United States. 11 So, whatever procedural efforts Mr. Moss put 12 before the Court today have nothing whatsoever to do with 13 the violation of the Court's prior order directing that 14 the boat not be removed from the United States. 15 If this wasn't gamesmanship and this wasn't 16 flaunting of the Court's orders, and if this wasn't a 17 transparent shell game that Mr.~Kwok is engaged in, the 18 boat would be in the territorial waters of the United 19 States and we would resolve the issue of the boat's 20 ownership. 21 Mr. Moss has made more than a prima facie

showing that Mr.~Kwok controls all of these entities, over the course of multiple hearings, and that Mr.~Kwok is in contempt, and his entities are in contempt of prior orders of the Court. 22 23 24 25

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1 Now, you've gone to the Appellate Division. 2 What is the timetable for the briefing of your appeal? 3 MR. SIEGAL:

4 the September term. 5 THE COURT: All right. 6 Well, we'll hear from the Appellate Division 7 soon enough.

8 has the opportunity to partially purge himself of the 9 conditional order of contempt that the Court issued by 10 transferring the boat back to the territorial waters of 11 the United States. 12 And, if Mr.~Kwok and his entities prevail in 13 establishing, or, rather, defeating Mr. Moss' prima facie 14 showing that Mr.~Kwok absolutely, unequivocally 15 positively, definitely controls this boat, then Mr. Moss 16 won't be able to levy on the boat. 17 MR. SIEGAL:

18 sake of completeness:

19 clarify its restraining order as to whether it applied to 20 movement of the ship, and the Court clarified that ruling. 21 At the time that I made that request, and before the order 22 was clarified, and unbeknownst to me, at the time I made 23 the request the vessel was no longer in the United States. 24 So, that -- I understand the Court's concern 25 about this overall situation, I just wanted to clarify

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1 MR. SIEGAL: Thank you, Your Honor. 2 MR. MOSS: Thank you, Your Honor. 3 THE COURT: Have a nice day, everyone. 4 Order a copy of the transcript.

5 important that you have a copy of the transcript. 6 MR. MOSS: We will. Thank you. 7 (Whereupon, the above-captioned proceedings

11 (transcript of the proceedings.

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\$500,000 [3] 12/16 13/1 17/9 ALSO [3] 2/23 3/16 3/21 Alter [2] 10/5 10/7 7/8 7/9 7/16 9/2 11/11 13/9

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61 [1] 1/2 argument [2] 5/8 9/3 can [8] 3/7 3/23 5/21 7/10 64th [1] 2/17 arguments [2] 11/15 15/20 7/12 9/1 11/3 15/10 652077/17 [1] 1/6 article [4] 6/8 6/9 6/14 6/21 can't [4] 8/21 13/5 13/9 19/8

articles [1] 15/8 captain [3] 4/22 8/14 8/15 A as [6] 6/2 14/13 14/13 15/19 captain's [1] 10/1

1/7 1/8 ASIA [1] 1/3 care [2] 16/14 16/17 AARON [1] 2/18 ask [2] 7/20 11/12 carefulness [1] 16/23 ability [6] 4/12 5/9 5/11 asked [3] 6/3 7/15 15/19 CARVALHO [2] 2/9 3/14 15/21 16/6 16/7 asking [1] 7/16 case [4] 6/3 6/15 8/22 11/20

asset [4] 5/16 12/14 14/21 caution [1] 16/14 about [9] 7/19 10/16 13/19 16/10 Centre [1] 1/11 15/13 15/16 15/23 16/25 17/1 assets [1] 13/25 certain [2] 13/9 14/17 18/25 at [12] 4/18 6/25 7/23 7/25 certainly [4] 7/12 10/16 above [1] 20/7 8/16 10/20 12/4 13/1 14/1 15/24 19/6 above-captioned [1] 20/7 16/8 18/21 18/22 certified [1] 20/9

account [3] 7/1 9/20 10/15 attaching [1] 6/20 chance [3] 4/15 5/6 16/3 accurate [1] 20/10 attendance [1] 11/19 change [3] 7/11 11/4 11/7 action [1] 15/6 attention [1] 4/2 changed [2] 7/3 8/9 actual [1] 8/21 Attorneys [5] 2/3 2/7 2/11 chart [2] 10/12 10/12

additional [1] 9/10 await [1] 19/16 choose [2] 19/2 19/3

affidavit [3] 4/22 8/17 8/18 back [10] 4/16 4/21 4/23 4/24 cites [2] 6/7 8/20 after [3] 3/25 4/21 7/6 5/3 8/1 11/12 16/4 16/21 civil [3] 1/2 11/16 13/18

against [4] 1/5 12/1 12/2 18/10 claimed [1] 16/10 12/5 backwards [1] 11/2 clarified [2] 18/20 18/22 ahead [1] 4/3 Bahamas [2] 4/20 5/4 clarify [2] 18/19 18/25 all [13] 3/6 3/24 4/21 5/18 BAKER [2] 2/7 3/13 clear [5] 4/11 11/18 14/23

13/21 14/5 17/22 18/5 BARRY [1] 1/14 close [1] 6/4

FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM everyone [3] 4/5 19/19 20/3

closed [3] 14/22 16/11 16/16 demonstrate [1] 5/20

Department [2] 10/25 11/5 6/24 7/21 8/11 8/12 8/13 come [4] 4/25 7/25 8/10 11/12 depos [1] 10/21 9/10 15/9 15/10 15/23 comes [2] 4/23 16/3 depositions [1] 10/21 evidentiary [2] 9/4 10/17 company [4] 5/12 5/14 5/17 despite [1] 8/5 exactly [1] 9/8 9/21 did [4] 4/15 6/19 9/18 10/3 exceedingly [1] 19/14

6/19 7/10 15/5 15/6 didn't [2] 10/7 11/5 diligence [1] 16/23 exercising [1] 16/24 completeness [1] 18/18 directing [2] 17/1 17/13 F comply [11] 4/12 5/9 5/11 directions [1] 8/16 facie [3] 13/21 17/21 18/13 5/21 7/13 8/22 9/1 10/9 directors [1] 9/20 factual [4] 8/25 9/5 14/20 10/18 15/21 16/6 disclose [1] 8/2 15/10 concern [2] 18/24 19/5 discovery [4] 9/12 10/19 failure [1] 13/2

conditional [5] 10/24 11/11 disposition [1] 19/18 favor [1] 12/1 12/12 16/4 18/9 dispute [2] 5/16 19/8 Fifth [1] 9/11 conditions [1] 12/8 disregarded [1] 17/6 fighting [1] 10/11 confident [1] 13/9 disregarding [1] 12/25 filed [2] 4/25 5/25

consensually [1] 13/6 DIV [1] 1/2 final [7] 11/2 11/4 11/8

considered [2] 7/8 7/9 Division [5] 13/8 13/10 16/3

contained [1] 15/12 Division's [1] 19/16 find [1] 5/11 contempt [21] do [6] 8/4 8/8 9/25 10/2 finding [5] 8/25 9/5 14/8 contested [1] 14/18 14/16 17/12 14/20 16/18 continue [1] 13/15 dock [1] 10/2 fine [3] 5/1 9/8 12/16

documents [5] 9/16 9/17 9/20 finish [1] 10/22

control [4] 8/12 13/22 15/2 9/22 10/20 first [10] 4/13 5/25 8/5 8/8 16/19 does [4] 5/9 5/13 14/24 16/13 10/24 11/5 11/5 15/5 16/8 controlled [4] 13/22 14/21 doesn't [5] 5/10 5/12 6/21 16/8 17/4 19/9 6/22 11/22 flaunting [1] 17/16

13/11 13/25 16/16 16/19 17/7 dollar [1] 11/25 don't [6] 5/16 6/18 6/23 11/6 Floor [2] 2/12 2/21

17/22 18/15 13/16 14/15 follow [1] 3/23 copy [2] 20/4 20/5 due [2] 12/7 13/2 following [3] 1/18 11/24

costs [1] 10/1 EDWARD [2] 2/5 3/10 forward [2] 4/6 16/22 could [2] 7/16 15/25 efficient [1] 11/7 found [2] 4/7 6/16 counsel [7] 3/6 3/18 6/15 effort [1] 6/13 fuel [1] 9/25 11/17 14/6 15/23 19/2 efforts [1] 17/11 FUND [1] 1/3

course [4] 4/19 6/23 8/9 employee [1] 5/16

court [45] engage [1] 19/7 game [1] 17/17

8/25 12/15 12/15 12/25 17/13 engaged [3] 4/14 17/17 19/6 English [1] 6/10 gamesmanship [2] 17/15 19/3

17/16 18/24 enjoin [1] 6/3 Geneva [1] 6/16 CRR [1] 20/12 enough [1] 18/7 GENEVER [4] 1/8 1/8 2/16 2/16 crystal [1] 4/11 entirely [1] 14/23 get [1] 10/4 custodians [1] 10/13 entities [10] 13/3 13/11 GIATOMASI [1] 2/19

17/24 18/12 19/9 give [3] 10/8 10/11 10/12

daughter [3] 5/15 8/17 8/17 entitled [1] 6/8 Go [2] 4/3 10/4 day [7] 12/16 12/16 13/1 17/9 entity [1] 7/7 goes [1] 16/2 17/9 19/20 20/3 entry [1] 11/15 going [5] 10/17 11/4 11/7

decided [2] 7/2 11/11 ERIA [1] 2/10 13/6 13/24

deems [1] 5/2 ESQ [10] 2/4 2/5 2/5 2/9 2/9 Golden's [1] 10/5 defeating [1] 18/13 2/10 2/13 2/13 2/18 2/22 gone [1] 18/1 defendant [10] 2/7 2/11 2/15 essentially [1] 13/4 good [6] 3/1 3/1 3/3 3/4 3/5

Defendants [1] 1/10 establishing [1] 18/13

defer [1] 10/25 ever [2] 6/20 8/5 government [1] 6/12 defiance [2] 19/4 19/11 every [3] 4/23 12/16 17/9 grant [2] 11/6 11/8

FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM let's [3] 5/6 16/25 16/25

inappropriate [1] 15/24 levy [4] 12/2 12/5 13/24

GUI [2] 1/7 1/7 including [3] 4/18 6/4 14/20 licensing [1] 8/4 GUO [4] 1/7 1/7 1/8 6/10 incorporate [1] 6/16 light [1] 14/15 GUY [1] 2/13 incorporates [1] 6/7 like [4] 3/25 5/7 7/5 15/20 GWO [1] 1/6 Index [1] 1/5 limited [2] 2/20 6/5 H information [2] 10/4 15/13 litigating [1] 16/22

instructed [3] 7/19 15/18 litigation [1] 6/19

had [4] 5/6 9/14 12/10 12/18 15/19 LLP [3] 2/2 2/7 2/11 hands [1] 7/6 instrumentality [1] 19/3 longer [1] 18/23 HAOYUN [2] 1/7 1/8 insufficient [1] 15/24 look [2] 7/21 16/21 happened [2] 7/21 8/8 interest [1] 14/25 M

hasn't [1] 9/17 International [10] 2/20 3/20 5/13 7/7 7/15 9/14 9/19 made [13] 7/6 8/24 9/5 13/21 have [20] 5/9 6/18 7/21 8/13 14/25 15/1 15/13 14/17 15/15 15/23 16/4 16/6 9/4 9/7 10/9 10/17 10/18 internet [1] 15/11 17/21 18/18 18/21 18/22 11/20 12/3 12/19 13/3 14/5 Interpreter [1] 2/24 maintenance [1] 4/20 14/17 17/12 19/15 19/19 20/3 intimidate [1] 6/13 major [1] 14/21 20/5 into [2] 6/17 8/1 make [3] 4/1 9/4 14/16

he's [7] 3/17 9/11 9/12 9/14 is [56] Mandarin [1] 2/24 9/16 11/23 11/24 issue [5] 4/7 13/19 15/2 MANYEE [1] 2/24 hear [4] 3/24 11/16 14/5 18/6 17/19 19/15 March [2] 9/15 9/15 hearing [7] 7/24 9/4 9/6 9/6 issued [2] 17/1 18/9 material [1] 15/12 10/18 10/20 16/8 issues [1] 13/5 matter [1] 16/2

it's [13] 3/10 4/13 4/24 5/5 May [11] 4/10 4/21 4/23 6/12

held [2] 4/17 9/2 5/17 6/21 8/24 9/21 12/23 14/24 17/8 here [13] 3/10 6/16 8/13 8/22 14/24 15/6 18/3 20/4 May 15th [1] 17/8 10/23 11/2 11/8 11/10 11/12 its [3] 14/13 16/14 18/19 me [13] 3/6 3/24 7/4 9/23 14/17 15/13 16/4 16/21 J 10/8 10/11 10/12 10/12 10/15

highly [1] 13/9 JOHN [3] 2/9 3/13 14/10 11/22 15/18 15/19 18/22

him [6] 4/16 4/20 6/13 7/1 Josh [1] 3/16 meantime [2] 18/7 19/15 10/4 11/6 JOSHUA [1] 2/13 MELISSA [2] 2/9 3/14 himself [1] 18/8 Judge [12] 4/7 5/14 6/18 7/12 met [3] 13/17 13/17 14/13 his [22] 7/21 8/10 9/23 10/12 10/23 METLITSKY [1] 2/5

HK [10] 2/20 3/20 5/13 7/7 11/2 11/9 11/10 judgment [5] 7/23 12/1 12/22 mid [3] 4/21 4/23 4/24

7/15 9/14 9/19 14/25 15/1 13/15 14/1 6/10 15/13 July [3] 1/12 4/24 12/23 million [2] 11/25 12/4 HK International [2] 14/25 jurisdiction [3] 4/10 12/15 mind [2] 7/3 7/11

HO [2] 1/6 1/6 just [12] 3/6 5/6 5/22 8/1 8/3 11/10 11/10 11/12 11/18 MITCHELL [4] 2/15 2/18 6/15

hold [3] 4/8 4/16 5/1 14/16 15/3 18/25 monetize [1] 12/21 HOLDINGS [4] 1/8 1/9 2/16 justice [2] 1/15 19/14 months [2] 10/10 12/24

Honor [15] 3/3 3/5 3/9 3/21 KLEIN [4] 2/11 2/13 3/16 3/17 know [5] 3/6 5/18 8/10 9/23 more [4] 7/20 8/25 13/21

4/4 9/7 11/23 14/7 14/19 10/19 morning [6] 3/1 3/3 3/4 3/5 16/22 18/3 18/17 19/5 20/1 KWOK [58] 3/11 16/1 20/2 Kwok's [8] 3/17 3/22 4/18 MOSS [15] 2/5 3/10 3/24 4/3

how [1] 9/25 6/25 8/6 8/17 11/15 11/17 11/14 12/2 12/4 13/16 13/20

I L.P [1] 1/3 Moss' [4] 12/1 12/11 12/19 I'd [1] 5/7 Lady [7] 4/10 6/12 12/3 12/5 18/13 I'll [5] 10/22 11/21 14/5 13/6 14/20 14/24 motion [13] 1/10 3/8 3/25

I'm [5] 4/1 9/8 13/6 13/9 last [2] 10/10 10/22 later [1] 19/13 4/25 11/1 11/15 11/17 14/8

14/10 LAWALL [1] 2/15 motivated [1] 5/3 identity [1] 10/14 lawful [1] 13/14 move [2] 12/7 13/11 if [23] lawyer [1] 10/5 moved [5] 7/16 7/18 12/9 ignore [2] 5/23 6/24 leave [1] 12/7 12/10 12/11

imposed [1] 12/16 let [2] 3/6 3/24 Mr [57]

FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM 3/21

Entered 05/20/22 11:52:18 presently [1] 13/17

orders [6] 12/20 17/16 17/25 Presumably [1] 4/17

Mr. Kwok [1] 15/20 19/4 19/11 19/12 prima [3] 13/21 17/21 18/13 Mr. Mitchell [2] 6/15 6/20 ordinary [3] 4/19 8/3 8/9 prima facie [3] 13/21 17/21 Mr. Moss [12] 4/3 11/14 12/2 org [2] 10/12 10/12 18/13 12/4 13/16 13/20 13/24 15/5 OSTRAGER [1] 1/14 principal [1] 5/8 15/17 17/11 17/21 18/15 other [5] 5/24 8/11 9/3 10/6 prior [3] 15/16 17/13 17/24 Mr. Moss' [4] 12/1 12/11 14/3 procedural [1] 17/11

Mr. Portas [1] 14/10 our [4] 8/24 9/5 9/12 16/4 out [3] 4/10 11/1 12/23 proceed [2] 3/7 11/8

Mr. Siegal [4] 4/18 7/14 7/20 outcome [2] 13/7 19/16 proceedings [7] 3/23 4/2 7/23 outside [1] 19/12 11/20 13/7 15/17 20/7 20/10 Mr. Vartan [6] 9/14 9/18 9/22 over [1] 17/23 proffered [1] 15/22 9/25 10/3 15/12 overall [1] 18/25 promises [1] 8/6 multiple [1] 17/23 own [8] 5/10 5/12 6/22 7/2 proportional [1] 12/14 my [5] 3/10 3/14 7/3 10/14 14/1 14/24 16/10 16/13 proposed [1] 14/19

N.Y [5] 2/4 2/8 2/12 2/17 owns [1] 5/17 purposes [1] 8/4

page [2] 1/18 19/22 question [4] 7/19 7/20 15/18 needs [2] 7/24 9/4 pages [1] 9/16 15/20 never [1] 4/24 paid [1] 7/22 quote [14] 6/1 6/2 7/24 14/21 nevertheless [2] 12/8 13/13 paper [2] 5/17 8/15 14/22 15/17 15/18 16/9 16/10 NEW [9] 1/1 1/2 1/12 1/12 2/4 part [2] 1/2 6/12 16/11 16/15 16/15 16/16 2/8 2/12 2/17 2/21 partially [1] 18/8 16/17 nice [3] 4/4 19/19 20/3 parties [1] 13/5 R

nor [1] 19/7 PAX [1] 5/19 rate [1] 13/1 not [31] pay [1] 9/25 rather [2] 3/2 18/13 note [3] 14/16 15/3 16/18 paying [1] 4/2 reached [1] 13/4 nothing [5] 8/19 9/21 10/16 pays [1] 10/3 real [1] 9/21 17/12 19/19 penalties [1] 13/15 really [4] 6/22 9/9 16/7

November 12 [1] 7/24 pending [2] 11/16 13/7 16/23

now [7] 5/4 5/5 8/7 10/11 penny [1] 7/22 people [1] 4/18 record [13] 10/19 11/18 13/17 12/23 13/4 18/1 perfected [1] 18/3 14/16 14/23 15/3 15/6 15/19 nowhere [1] 6/18 peril [1] 14/1 16/5 16/9 18/17 19/1 19/21 O period [1] 7/25 reference [2] 6/8 6/17

obligated [1] 12/13 person [1] 8/16 regard [1] 15/11

obligation [2] 11/19 12/19 personal [2] 3/18 6/15 PETRILLO [3] 2/11 2/13 3/17 relating [2] 10/8 13/5 obtain [1] 12/20 photos [1] 6/25 relatively [1] 4/6 obviously [2] 4/12 15/21 piece [1] 6/24 reliability [1] 15/14 offered [1] 5/20 place [1] 6/5 relief [2] 5/2 6/2 officer [1] 8/6 plaintiff [6] 1/4 3/9 6/4 relocating [1] 15/16

OFFICIAL [1] 1/11 14/13 14/19 16/6 remains [2] 13/16 19/12

okay [2] 5/17 10/18 plan [1] 3/7 removed [4] 12/14 13/13 17/2

once [1] 16/10 pleased [1] 4/2 rep [1] 10/21 one [3] 9/7 13/24 17/1 plus [1] 11/25 repeatedly [1] 6/1 only [4] 7/17 8/13 9/16 15/12 point [3] 7/25 9/9 10/22 reply [1] 5/7

opportunity [3] 1/3 4/1 18/8 PORTAS [3] 1/24 14/10 20/12 positively [1] 18/15 REPORTER [2] 1/25 20/13

opposing [1] 15/23 possession [1] 12/21 represented [2] 7/23 12/3 opposition [4] 5/7 5/8 5/19 posted [1] 6/25 representing [1] 6/16 5/22 posting [2] 15/11 15/14 represents [2] 7/14 7/17 or [17] 3/1 5/1 6/5 6/19 6/19 postings [1] 15/9 request [5] 12/8 15/16 18/18 8/3 10/2 13/24 15/19 15/20 power [1] 4/8 18/21 18/23

18/13 19/13 prayer [1] 6/2 requested [1] 12/6

orchestrating [1] 14/2 precluded [1] 9/13 present [4] 2/23 3/7 3/13 resolve [3] 13/5 17/19 19/15

FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM 10/22 11/3 11/9 18/15

Entered 05/20/22 11:52:18 there [14] 4/21 7/19 8/2 8/22

somebody [2] 5/15 11/21 10/19 11/20 13/19 15/17

rest [1] 19/1 something [2] 19/6 19/20 19/20 restrained [1] 19/9 son [1] 5/15 there's [8] 5/23 8/16 8/18 restraining [4] 4/9 7/22 9/1 soon [1] 18/7 8/19 9/9 11/25 15/20 15/24 18/19 sooner [1] 19/13 Thereafter [1] 12/10 returns [1] 10/11 sorry [1] 14/10 thereby [1] 6/7 right [6] 3/24 4/22 5/18 6/21 sort [1] 15/9 therefore [1] 9/2 10/6 18/5 sought [2] 12/2 12/5 these [6] 4/2 8/5 13/6 13/21 Rights [1] 5/14 Spain [3] 5/5 8/7 8/10 15/17 17/22 rise [1] 13/1 speak [3] 3/7 3/25 11/19 they [6] 5/20 6/23 6/24 8/13 ROBERT [2] 1/24 20/12 speaking [1] 14/9 10/15 10/18 Rockefeller [1] 2/8 special [1] 3/19 they're [3] 10/11 15/9 15/22

rule [2] 15/10 15/25 Spring [4] 9/23 10/3 10/6 thing [2] 8/3 17/1

rulings [1] 14/15 stated [2] 16/9 16/15 third [3] 2/12 7/14 15/8 run [1] 13/15 statement [5] 4/1 7/6 8/13 third-party [1] 15/8

S-I-E-G-A-L [1] 3/13 14/17 15/15 those [3] 7/5 14/15 19/11 said [8] 4/16 4/22 6/11 7/9 States [15] 8/1 12/6 12/17 though [1] 9/9 7/17 9/22 9/25 15/17 12/18 13/12 14/4 17/3 17/5 thought [1] 8/2 sake [2] 15/3 18/18 17/10 17/14 17/19 18/11 threaten [1] 6/13 salary [1] 10/1 18/23 19/11 19/13 till [1] 4/20 same [1] 7/9 stay [5] 11/6 11/15 13/6 14/8 time [7] 4/13 4/25 8/5 8/9 sanction [2] 12/25 17/9 14/12 12/4 18/21 18/22

SARNOFF [2] 2/4 3/10 still [2] 7/22 10/15 Times [2] 2/3 2/21 satisfy [2] 12/22 13/25 straight [1] 4/6

say [7] 5/20 5/22 6/20 6/23 STUART [2] 2/4 3/10 told [1] 9/23 10/3 14/5 16/22 submit [1] 7/12 took [1] 4/18 saying [1] 7/2 submitted [1] 14/19 transcript [3] 20/4 20/5 says [3] 5/19 6/10 10/13 subpoena [1] 9/15 20/10 second [1] 6/24 subsequent [1] 19/12 transferred [1] 8/3 Secondly [1] 15/8 subset [1] 9/16 transferring [1] 18/10 secreted [1] 8/3 sufficient [3] 8/25 15/21 translate [1] 11/21 see [2] 4/2 4/4 16/20 translating [1] 3/23 seem [1] 13/20 sufficiently [1] 5/3 translation [1] 11/24 seen [1] 5/13 supposedly [2] 7/7 8/18 translator [1] 3/22

SENIOR [2] 1/25 20/13 SUPREME [1] 1/1 transparent [1] 17/17

surprises [1] 10/20 travel [2] 4/19 7/24

September 2020 [2] 6/1 7/5 suspected [1] 6/8 tweets [1] 6/25 sequence [1] 19/1 suspended [1] 7/1 Twitter [1] 7/1 several [3] 6/11 10/10 15/4 two [1] 12/24

shakes [1] 11/1 take [3] 11/3 11/9 12/21 U shell [4] 5/12 5/14 5/17 taken [2] 9/11 16/17

shield [1] 5/16 talk [1] 5/6 unbeknownst [1] 18/22

12/9 12/10 12/17 12/18 12/20 tax [1] 10/10 understand [3] 11/14 11/22 12/21 12/21 12/23 13/4 13/5 TEAMS [4] 1/10 1/13 2/1 2/23

13/12 13/13 13/20 13/22 14/2 tell [2] 6/18 9/18 unidentified [1] 8/16 18/20 term [1] 18/4 United [15] 8/1 12/6 12/17 should [3] 9/2 10/25 19/19 territorial [9] 13/12 14/3 12/18 13/12 14/3 17/3 17/5 show [1] 16/5 17/2 17/5 17/10 17/18 18/10 17/10 17/14 17/18 18/11 showing [8] 8/21 8/23 8/24 19/10 19/12 18/23 19/11 19/13 9/6 13/21 16/18 17/22 18/14 testifying [1] 9/13 unlikely [1] 15/14 side [4] 5/24 8/11 9/3 10/6 than [4] 8/25 13/21 14/3 unsatisfied [1] 13/16 SIEGAL [6] 2/9 4/18 7/14 7/20 17/21 until [1] 11/1 7/23 14/10 thank [6] 4/4 14/7 14/12 20/1 unverified [1] 15/8

simultaneous [1] 11/23 20/2 20/6 upon [1] 17/3

that's [9] 4/23 5/20 8/22 9/7 us [3] 9/8 9/17 9/19

since [4] 6/25 7/21 9/15 9/15 11/1 13/17 14/5 19/4 19/18 uses [1] 6/10

situation [1] 18/25 them [2] 9/24 10/9 V slowly [1] 19/14 then [8] 3/7 7/3 7/11 7/25 valid [1] 12/11

V FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM

value [3] 12/3 12/14 13/4 Filed 05/20/22

yacht [13] 4/10 4/19 4/24 5/3 Page 27 of

vessel [1] 18/23 year [3] 4/21 4/23 12/2

VIA [4] 1/10 1/13 2/1 2/23 YORK [9] 1/1 1/2 1/12 1/12 violating [1] 4/9 2/4 2/8 2/12 2/17 2/21

voyages [1] 14/2 your [20] 3/3 3/5 3/9 3/21

wait [2] 11/10 11/21 14/7 14/19 16/22 18/2 18/3