Guo Wengui / Miles Guo — bankruptcy case · EXHIBIT · ECF #404-7
METADATA
- Defendant
- Guo Wengui / Miles Guo / Ho Wan Kwok
- Court
- CTB
- Case No.
- 22-50073
- ECF #
- 404
- Type
- EXHIBIT
- Filed
- 2022-05-20
FULL TEXT
## **EXHIBIT PAX 07**
Transcript of the 341 Meeting of Creditors (Part I)
UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT In Re \* Chapter 11 \* \* HO WAN KWOK, \* Case 22-50073(JAM) \* Debtor. \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* \* TRANSCRIPT OF TELEPHONIC 341 MEETING OF CREDITORS MARCH 21, 2022 Electronically Recorded by the Office of the United States Trustee Transcript Prepared By: Christine Fiore, CERT Fiore Reporting and Transcription Service, Inc. 4 Research Drive, Suite 402 Shelton, CT 06484 (203)929-9992
Ho Wan Kwok - March 21, 2022
| APPEARANCES: | | |-----------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | For the Debtor: | WILLIAM R. BALDIGA, ESQ.<br>BEN SILVERBERG, ESQ.<br>URI PINELO, ESQ.<br>Brown Rudnick, LLP<br>Seven Times Square<br>New York, NY<br>10036 | | For the U.S. Trustee: | HOLLEY E. CLAIBORN, ESQ.<br>Office of the U.S. Trustee<br>150 State Street<br>New Haven, CT<br>06510 | | For Logan Cheng,<br>Creditor: | JAY MARSHALL WOLMAN, ESQ.<br>Randazza Legal Group<br>100 Pearl Street, 14th Floor<br>Hartford, CT 06103 | | For Pacific Alliance<br>Asia Opportunity Fund,<br>LP, Creditors: | DAVID V. HARBACH, II, ESQ.<br>O'Melveny & Myers, LLP<br>1625 I Street NW<br>Washington, DC<br>20006 | | | STUART SARNOFF, ESQ.<br>LAURA ARONSSON, ESQ.<br>CRAIG McALLISTER, ESQ.<br>MAKENZIE RUSSO<br>STEVEN WARREN<br>O'Melveny & Myers, LLP<br>Times Square Tower<br>7 Times Square<br>New York, NY<br>10036 | | For Bruno Wu, Weican<br>Meng and Rui Ma,<br>Creditors: | KAREN WARSHAUER<br>McElroy, Deutsch, Mulvaney &<br>Carpenter<br>One State Street<br>Hartford, CT<br>06103 | | For Xiaodan Wang,<br>Rong Zhang and Chong<br>Shen Raphanella,<br>Creditors: | LILLIAN GRINNELL, ESQ.<br>Wolf Haldenstein Adler<br>Freeman & Herz<br>270 Madison Avenue<br>New York, NY<br>10016 |
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Ho Wan Kwok - March 21, 2022
APPEARANCES: (Cont'd) For Samuel Nunberg, AMY ZAMIR, ESQ. Creditor: Nesenoff & Miltenberg, LLP 363 Seventh Avenue New York, NY 10001 For the Sherry EMILY KUZNICK, ESQ. Netherland, Creditor: Stroock, Stroock and Lavan 180 Maiden Lane New York, NY 10038
Ho Wan Kwok - March 21, 2022
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| 1 | MS. CLAIBORN:<br>I'm going to repeat myself | |----|------------------------------------------------------| | 2 | from the beginning here because I want to make sure | | 3 | it's all on the record and I apologize. | | 4 | I'm going to basically start this meeting | | 5 | over again and we're going to go very quickly and | | 6 | then we'll come back to where I was just about to | | 7 | go. | | 8 | Today is Monday, March 21st, 2022 and we | | 9 | are gathered for the Section 341 meeting in the | | 10 | Chapter 11 case of Ho Wan Kwok, also known as Wengui | | 11 | Gwo and Miles Kwok. | | 12 | My name is Holley Claiborn and I'm a trial | | 13 | attorney in the Office of the United States Trustee | | 14 | and I will be conducting today's meeting. | | 15 | I am recording this meeting and also we | | 16 | have the presence of an interpreter on the line | | 17 | whose name is Bin, B-I-N. | | 18 | And so that I have it on the record, I'm | | 19 | going to ask Bin a third time about her oath. | | 20 | (The interpreter is sworn.) | | 21 | For purposes of speeding this up on the | | 22 | record we have appearances today by Jay Wolman, on | | 23 | behalf of Logan Cheng.<br>We have the appearance of | | 24 | David Harbach, Stuart Sarnoff, Mia Gonzalez, Laura |
Ho Wan Kwok - March 21, 2022
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| 1 | Aronsson, Craig McAllister and Mackenzie Russo, all | |----|------------------------------------------------------| | 2 | on behalf of Pacific Alliance.<br>And for creditors | | 3 | Rui Ma, Bruno Wu and Weican Meng, we have Karen | | 4 | Warshauer, a paralegal at McElroy. | | 5 | THE INTERPRETER:<br>Sorry, I cannot get all | | 6 | those names at once. | | 7 | MS. CLAIBORN:<br>Bin, did you translate all | | 8 | of the names for the Pacific Alliance? | | 9 | THE INTERPRETER:<br>The names actually just | | 10 | a repeat of the pronunciation.<br>No translation. | | 11 | MS. CLAIBORN:<br>Thank you.<br>Whoever does | | 12 | not have their phone on mute, could you please put | | 13 | it on mute?<br>Thank you. | | 14 | Okay.<br>The other appearances, Karen | | 15 | Warshauer, from McElroy, and she represents Bruno | | 16 | Wu, Weican Meng and Rui Ma. | | 17 | Before I go back to the debtor, are there | | 18 | any other creditors on the line who have counsel | | 19 | who'd like to put their appearance on the record? | | 20 | MS. GRINNELL:<br>Hi -- | | 21 | MS. CLAIBORN:<br>Please wait for the | | 22 | translation. | | 23 | MS. GRINNELL:<br>(Indiscernible) I'm from | | 24 | the firm Wolf Haldenstein Adler Freeman and Herz and | | 25 | we represent -- |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 7 of 83 | |---------------|--------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>6 | | 1 | THE INTERPRETER:<br>Sorry.<br>The interpreter | | 2 | cannot hear you clearly. | | 3 | MS. GRINNELL:<br>I'm sorry. My connection | | 4 | has been kind of off.<br>Can you hear me now? | | 5 | THE INTERPRETER: Yes. | | 6 | MS. GRINNELL:<br>Okay.<br>I'll repeat what I | | 7 | said. | | 8 | My name is Lillian Grinnell.<br>I'm an | | 9 | attorney at Wolf Haldenstein Adler Freeman and Herz | | 10 | and we represent the creditors, Rong Zhang, Xiaodan | | 11 | Wang, and Chong Sheen Raphanella. | | 12 | THE INTERPRETER:<br>The names you pronounced | | 13 | I could not get them. | | 14 | MS. GRINNELL:<br>I'll spell them. | | 15 | I'll start with the creditor's names.<br>The | | 16 | creditor's names are Rong Zhang, and that's -- the | | 17 | first name is Rong, R-O-N-G, Z-H-A-N-G. | | 18 | The second creditor's name is Xiaodan | | 19 | Wang.<br>And her first name is spelled X-I-A-O-D-A-N. | | 20 | And her last name is spelled W-A-N-G. | | 21 | And then the third creditor, Chong Shen | | 22 | Raphanella.<br>And her first name is C-H-O-N-G. And | | 23 | then the second name is S-H-E-N.<br>And the third name | | 24 | is R-A-P-H-A-N-E-L-L-A. | | 25 | THE INTERPRETER:<br>I only got Chong Shen |
Ho Wan Kwok - March 21, 2022 7 1 and R-A-P-H-A-L. 2 MS. GRINNELL: I'm sorry. Are you asking 3 me to spell the third name again? 4 (No response.) 5 Sorry? I apologize. My connection is 6 very bad. Do you need me to spell any of the names 7 again? 8 THE INTERPRETER: I think I'm okay. I 9 repeat it to Mr. Kwok already. 10 MS. GRINNELL: Okay. 11 MS. CLAIBORN: Are there any other 12 creditors on the line or parties on the line? 13 MS. ZAMIR: This is Amy Zamir, from 14 Nessenoff & Miltenberg. I'm spell that. My last 15 name is Zamir, Z-A-M-I-R. Nessenoff is N-E-S-S-E-N-16 O-F-F, and Miltenberg, M-I-L-T-E-N-B-E-R-G. And we 17 represent creditor Sam Nunberg, N-U-N-B-E-R-G. 18 MS. CLAIBORN: Is there anyone else who 19 would like to put their appearance on the record. 20 MS. KUZNICK: Yes. This is Emily Kuznick, 21 E-M-I-L-Y, and then Kuznick, K-U-Z-N-I-C-K, of 22 Stroock, Stroock and Lavan, that's S-T-R-O-O-C-K, 23 and Stroock, and Lavan is L-A-V-A-N. And we 24 represent the Sherry Netherland. And for Sherry 25 Netherland it's S-H-E-R-R-Y, and then Netherland, N-
Ho Wan Kwok - March 21, 2022 8 1 E-T-H-E-R-L-A-N-D. 2 THE INTERPRETER: I'm clarifying what he 3 said. 4 (Interpretation.) 5 THE INTERPRETER: Let me continue 6 clarifying what was yelled out just now. 7 (Interpretation.) 8 THE INTERPRETER: I'm sorry. The 9 interpreter cannot get that. Nobody picked up my 10 question so I don't know. 11 MS. CLAIBORN: Thank you, Bin. 12 Any other creditors or parties in interest 13 before I go back to the debtor? 14 MR. HARBACH: This is David Harbach, from 15 O'Melveny and Myers, representing PACS. I just 16 wanted to clarify that is it correct that we have 17 not gotten an answer from the debtor about what he 18 just said? 19 I have not heard any interpretation of it 20 and I understand the interpreter was attempting to 21 clarify what was said but the debtor did not 22 respond, as far as I heard, and we'd like to know 23 what he said. 24 MR. BALDIGA: This is Bill Baldiga. I'll 25 accept your apologies. That was not the debtor, but
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 10 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>9 | | 1 | I accept your apology for that inference. | | 2 | MS. CLAIBORN:<br>I'm going to come back to | | 3 | that a in minute. | | 4 | MR. HARBACH:<br>Okay.<br>(Indiscernible) | | 5 | whether I should apologize, but can we inquire then | | 6 | who made the outburst?<br>The interpreter was | | 7 | attempting to clarify and so are we.<br>Forgive the | | 8 | inference. | | 9 | THE INTERPRETER:<br>So I interpreted what | | 10 | you requested.<br>Just now someone burst out with a | | 11 | few words -- with sentences.<br>The interpreter did | | 12 | not get those sentences.<br>So the interpreter tried | | 13 | to clarify who talked and what those words are, but | | 14 | nobody picked up the interpreter's question. | | 15 | MS. CLAIBORN:<br>This is Holley Claiborn. | | 16 | Could the person who spoke up please answer the | | 17 | interpreter's question and identify themselves? | | 18 | THE INTERPRETER:<br>Sorry about that.<br>Just | | 19 | now it was it was just a video tape. It was not | | 20 | someone talked. | | 21 | MR. BALDIGA:<br>This is Bill Baldiga.<br>Mr. | | 22 | Kwok -- what Mr. Kwok heard during that outburst was | | 23 | someone playing back an audio of his voice and we do | | 24 | want to know everyone who is on the phone and we | | 25 | would like identified who played that audio clip. |
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| | Ho Wan Kwok - March 21, 2022<br>10 | |----|-------------------------------------------------------| | 1 | Thank you. | | 2 | UNIDENTIFIED:<br>Sorry, it was me. I played | | 3 | Mr. Kwok's video just now. | | 4 | MS. CLAIBORN:<br>Could the person who just | | 5 | spoke identify themselves? | | 6 | THE INTERPRETER:<br>The interpreter needs to | | 7 | clarify. | | 8 | (Interpreter inquires) | | 9 | MR. YAN:<br>My name is Xingyu Yan. I'm one of | | 10 | Mr. Kwok's creditors. | | 11 | MR. BALDIGA:<br>Can we have the spelling, | | 12 | please?<br>Could we obtain the spelling of that name | | 13 | please? | | 14 | MR. YAN:<br>The spelling is X, for Xray, I, as | | 15 | India, N, as in Nancy, G as in George, Y as in Yes, | | 16 | U as in umbrella.<br>Last name Y, A as in apple, N as | | 17 | in Nancy. | | 18 | MR. BALDIGA:<br>Ms. Claiborn, Bill Baldiga | | 19 | again.<br>Could you please exhaust the names of | | 20 | everyone else on the line, just so we know who is | | 21 | participating, whether or not they intend to ask | | 22 | questions? | | 23 | MS. CLAIBORN:<br>I'm trying to get there. | | 24 | That was my -- okay. | | 25 | Is anyone else on the line?<br>If you are on |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 12 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>11 | | 1 | the line, and you could please identify yourself? | | 2 | MR. GREIF:<br>Hello.<br>My name is Steven Greif, | | 3 | G-R-E-I-F. | | 4 | MR. WARREN:<br>Steven Warren of O'Melveny & | | 5 | Myers. | | 6 | MR. JALBERT:<br>Craig Jalbert of | | 7 | (indiscernible). | | 8 | INDISCERNIBLE:<br>(Indiscernible)<br>from | | 9 | Robinson and Cole. | | 10 | INDISCERNIBLE:<br>(Indiscernible)<br>from | | 11 | Stroock, Stroock and Lavan. | | 12 | MS. DEERING:<br>Alexandra Deering of Brown | | 13 | Rudnick. | | 14 | MS. CLAIBORN:<br>This is Holley Claiborn | | 15 | again. Thank you all for putting your appearances on | | 16 | the record.<br>And if I could go back to debtor's | | 17 | camp, Mr. Baldiga, could you put your appearance on | | 18 | the record and note everybody who's with you at your | | 19 | location. | | 20 | MR. BALDIGA:<br>Yes.<br>We're in our -- | | 21 | I'm sorry. I missed what was just said. | | 22 | MS. CLAIBORN:<br>Mr. Baldiga, could you go | | 23 | ahead, please?<br>Mr. Baldiga, could you go ahead, | | 24 | please? | | 25 | MR. BALDIGA:<br>Yes.<br>Thank you.<br>We are at |
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| Ho Wan Kwok - March 21, 2022<br>12 | |-----------------------------------------------------| | our offices at 7 Times Square in New York. | | And can you please state the name, Mr. | | Baldiga, of who is present with you? | | (No response.) | | MS. CLAIBORN:<br>Mr. Baldiga, could you please | | state the names of the people who are with you? | | MR. BALDIGA:<br>Ben Silverberg and Uri Pinelo. | | MS. CLAIBORN:<br>Okay.<br>Other names I believe | | I heard earlier are Una Menye (ph), who is an | | interpreter, and Attorney Aaron Mitchell. | | MR. BALDIGA:<br>That's right.<br>Yes. | | Ms. CLAIBORN:<br>Okay. I'm going to swear in | | Mr. Kwok and I would ask everyone to put their | | phones on mute. | | (The debtor is sworn.) | | MS. CLAIBORN: Mr. Kwok, as you know, today's | | meeting is being recorded and there's an | | interpreter, Bin, who's interpreting my questions | | and the comments of others and will also be | | interpreting your answers. | | Please wait to answer any questions you are | | asked today until the official interpreter has made | | a full translation. | | I ask that you do not communicate with your | | own interpreter who is present with you before you | | |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 14 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>13 | | 1 | answer the questions, and should you do so, I will | | 2 | ask the official interpreter to translate that | | 3 | discussion. | | 4 | THE INTERPRETER:<br>Sorry.<br>Could you please | | 5 | repeat? | | 6 | MS. CLAIBORN:<br>Mr. Kwok, I ask that you do | | 7 | not communicate with your own interpreter who is | | 8 | with you today before you answer my questions or the | | 9 | questions of others. | | 10 | THE INTERPRETER:<br>He could not use his own | | 11 | interpreter. | | 12 | MS. CLAIBORN:<br>Bin, could you translate that | | 13 | instruction for Mr. Kwok. | | 14 | MR. BALDIGA:<br>This is Bill Baldiga. | | 15 | To the extent -- | | 16 | MS. CLAIBORN:<br>Mr. Baldiga, could you just | | 17 | wait for Bin to interpret that instruction for me | | 18 | and then you can make your comment. | | 19 | MR. BALDIGA:<br>Two things.<br>This is Bill | | 20 | Baldiga. | | 21 | Holley, you've become quite muffled again | | 22 | and second, to the extent that Mr. Kwok needs to | | 23 | talk to his interpreter to better understand what | | 24 | was said or the interpreter in the room with us | | 25 | believes that there was a misinterpretation, we will |
| Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 15 of | Case 22-50073 | |------------------------------------------------------------------------|---------------| |------------------------------------------------------------------------|---------------|
Ho Wan Kwok - March 21, 2022 83
| tell you that so that you do know if there is a | |--------------------------------------------------------| | further conversation. | | MS. CLAIBORN:<br>Thank you. | | HO WAN KWOK, Sworn | | EXAMINATION BY MS. CLAIBORN: | | Q<br>Mr. Kwok, can you please explain the reason | | to file your Chapter 11 bankruptcy case? | | UNIDENTIFIED:<br>Sorry? | | Q<br>Mr. Kwok, please explain the reasons behind | | your decision to file your Chapter 11 bankruptcy | | case? | | MR. HARBACH:<br>This is David Harbach.<br>We're | | having trouble understanding you again. | | MS. CLAIBORN:<br>I apologize.<br>My phone system | | is new and I'm yelling into the phone, but unless I | | put it on speaker phone I won't be able to record | | it.<br>Does yelling improve your ability to hear me? | | MR. HARBACH:<br>It's very difficult to | | understand your questions because they're so | | muffled.<br>It's not volume, it's diction, if I may be | | blunt. | | MS. CLAIBORN:<br>I will try to speak slowly. | | Is that any better? | | MR. BALDIGA:<br>It seems to be, yes.<br>Thank | | you. | | |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 16 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>15 | | 1 | | | 2 | Q<br>Okay.<br>We're going to try this again. | | 3 | Mr. Kwok, can you please explain your | | 4 | reasons behind filing your Chapter 11 bankruptcy | | 5 | case? | | 6 | A<br>I cannot understand you.<br>I don't know what | | 7 | you mean by filing Chapter 11 of bank. | | 8 | Q<br>Mr. Kwok, why did you file your bankruptcy | | 9 | case? | | 10 | THE INTERPRETER:<br>The interpreter would like | | 11 | to clarify the word he said. | | 12 | A<br>I'm not filing any bankruptcy certificate. | | 13 | Q<br>Let me try again. | | 14 | Mr. Kwok, you are a Chapter 11 debtor in a | | 15 | bankruptcy proceeding here in the United States. | | 16 | Mr. Kwok, what were the reasons behind your | | 17 | decision to file your bankruptcy case? | | 18 | A<br>So you're asking me why I'm applying for | | 19 | bankruptcy, right? | | 20 | Q<br>Yes. | | 21 | A<br>I filed (indiscernible)<br>in mid-February in | | 22 | my second trial, or second appearance in Southern | | 23 | District. I was given a fine of \$120 million and I | | 24 | was ordered to pay it off within five days.<br>So | | 25 | without any choices -- so I filed bankruptcy |
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| | Ho Wan Kwok - March 21, 2022<br>16 | |----|-------------------------------------------------------| | 1 | application at Connecticut state and Chapter 11. | | 2 | Q<br>Mr. Kwok, when was the first time you spoke | | 3 | with a lawyer about filing a bankruptcy case? | | 4 | MR. BALDIGA:<br>Just the date, or the | | 5 | approximate date.<br>Not the substance of the advice. | | 6 | A<br>Approximately 12, 13. | | 7 | Q<br>Can you please provide the month and the | | 8 | year? | | 9 | A<br>It was February the 12th of 2002. | | 10 | Q<br>Did you say 2002 or 2021? | | 11 | A<br>2022.<br>February the 12th or 13. | | 12 | Q<br>Mr. Kwok, I'd ask you to take a look at your | | 13 | bankruptcy petition that was filed with the | | 14 | bankruptcy court at ECF 1. | | 15 | Mr. Kwok, a handwritten signature appears on | | 16 | that petition. Is that your handwritten signature? | | 17 | A<br>Hold on a second. I'll ask the lawyer to get | | 18 | it and I'll take a look. | | 19 | MR. BALDIGA:<br>This is Bill Baldiga.<br>We have | | 20 | with us the petition with the electronic signature | | 21 | as filed.<br>I don't have in the conference room me | | 22 | the handwritten signature.<br>If you'd like us to get | | 23 | it, we could get it at a break. | | 24 | Q<br>Mr. Kwok, can you take a look at the | | 25 | document that your counsel has, which is the |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 18 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>17 | | 1 | bankruptcy petition with your printed name on it and | | 2 | confirm that you signed that document prior to it | | 3 | being filed with the court? | | 4 | A<br>Please hold on one second.<br>Let me take a | | 5 | look. | | 6 | MR. BALDIGA:<br>Could I hear the translation, | | 7 | please.<br>I want to hear the translation of what you | | 8 | said. | | 9 | (No response.) | | 10 | MR. BALDIGA:<br>Is the translator still with | | 11 | us? | | 12 | MS. CLAIBORN:<br>Bin, are you on the line? | | 13 | (No response.) | | 14 | Bin, are you there? | | 15 | (No response.) | | 16 | It seems that Bin has left us so I'm going | | 17 | to put everybody on hold and I'm going to try to | | 18 | reconnect her. I apologize. | | 19 | MR. BALDIGA:<br>That's okay.<br>Could we take a | | 20 | short break? | | 21 | MS. CLAIBORN:<br>It's going to take me a few | | 22 | minutes to do that, so go ahead and we'll reconvene | | 23 | as soon as I can get her on the line. | | 24 | MR. BALDIGA:<br>Thank you very much. | | 25 | (Off the record.) |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 19 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>18 | | 1 | MS. CLAIBORN:<br>We are back on the record | | 2 | after a short break due to some technical | | 3 | difficulties. | | 4 | BY MS. CLAIBORN: | | 5 | Q<br>The pending question was asking Mr. Kwok to | | 6 | confirm that he signed the bankruptcy petition that | | 7 | was filed at ECF 1. | | 8 | A<br>I have finished looking at it, yes. | | 9 | Q<br>Mr. Kwok, did you read and understand the | | 10 | bankruptcy petition and information it contains | | 11 | before you signed it? | | 12 | A<br>Yes, I understood. | | 13 | Q<br>Mr. Kwok, was the petition translated into | | 14 | another language for you before you signed it? | | 15 | A<br>Yes, it was translated into Chinese for me. | | 16 | Q<br>Who translated the bankruptcy petition? | | 17 | A<br>My lawyer did. | | 18 | Q<br>Mr. Kwok, I don't think that Mr. Baldiga | | 19 | speaks Chinese. | | 20 | So who was the company or the person that | | 21 | you used to translate the petition for you? | | 22 | A<br>I don't know. | | 23 | Q<br>Mr. Kwok, is the information in your | | 24 | bankruptcy petition true and accurate to the best of | | 25 | your knowledge? |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 20 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>19 | | 1 | A<br>Yes, it is accurate and true. | | 2 | Q<br>Mr. Kwok, can you please take a look at the | | 3 | declaration and about individual debtor's schedules | | 4 | that was filed with the court docket at ECF No. 79. | | 5 | THE INTERPRETER:<br>Sorry, could you please | | 6 | repeat? | | 7 | Q<br>Mr. Kwok, can you please take a look at the | | 8 | declaration about an individual debtor's schedules | | 9 | that was filed with the bankruptcy court at ECF 79. | | 10 | Mr. Kwok, a handwritten signature appears on | | 11 | that declaration. Is that your handwritten | | 12 | signature? | | 13 | A<br>The document in my hand.<br>Yes, it was signed | | 14 | by me. | | 15 | Q<br>And are you looking at ECF no. 79? | | 16 | A<br>Yes. | | 17 | Q<br>Mr. Kwok, was the declaration that was filed | | 18 | at ECF 79 translated into another language for you | | 19 | before you signed it? | | 20 | A<br>Yes. | | 21 | Q<br>What language was it translated into? | | 22 | A<br>Chinese. | | 23 | Q<br>Mr. Kwok, do you know who did the | | 24 | translation of ECF no. 79? | | | |
25 A Yes.
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 21 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>20 | | 1 | Q<br>And who was that person who translated ECF | | 2 | 79 into Chinese for you? | | 3 | A<br>The lawyer. | | 4 | Q<br>Can you tell me the name of the lawyer? | | 5 | A<br>Bill. | | 6 | MR. BALDIGA:<br>This is Bill Baldiga.<br>The | | 7 | witness is not distinguishing between what I did | | 8 | personally and what we had commissioned, to help | | 9 | clarify.<br>I do not obviously do translations myself. | | 10 | MS. CLAIBORN:<br>Attorney Baldiga, can you | | 11 | tell me the name of the translation person who | | 12 | worked for you or the name of the company? | | 13 | MR. BALDIGA:<br>I'll have to get that. I don't | | 14 | have it here. | | 15 | Q<br>Mr. Kwok, did you read and understand the | | 16 | declaration filed at ECF no. 79 before you signed | | 17 | it? | | 18 | A<br>Yes, understood. | | 19 | Q<br>Mr. Kwok, can you please take a look at your | | 20 | bankruptcy schedules that were filed with the | | 21 | bankruptcy court at ECF 78. | | 22 | And Mr. Kwok, for purposes of today, when I | | 23 | used the term schedules, either collectively or by a | | 24 | particular schedule, I'm referring to the documents | | 25 | that were filed at ECF 78. |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>83 | Entered 05/20/22 11:52:18 | Page 22 of | |---------------|------------------------------------------------------|----------------------------------------------|------------| | | Ho Wan Kwok - March 21, 2022 | | 21 | | 1 | | Mr. Kwok, were your bankruptcy schedules | | | 2 | translated for you? | | | | 3 | A<br>Yes, it was translated. | | | | 4 | Q | Mr. Kwok, were you involved in preparing the | | | 5 | responses and the answers to the questions in the | | | | 6 | schedules? | | | | 7 | A<br>Yes, I was. | | | | 8 | Q | Mr. Kwok, did you read and understand all of | | | 9 | the responses and the answers to the questions in | | | | 10 | the schedules before you signed the declaration that | | | | 11 | was filed at ECF 79. | | | | 12 | A<br>Yes. | | | | 13 | Q | Mr. Kwok, who assisted you in the | | | 14 | preparation of your bankruptcy schedules? | | | | 15 | A<br>The lawyer. | | | | 16 | Q | Mr. Kwok, can you tell me which lawyers | | | 17 | helped you? | | | | 18 | A<br>Bill. | | | | 19 | Q | Mr. Kwok, are you referring to Attorney | | | 20 | Baldiga? | | | | 21 | A<br>Yes. | | | | 22 | Q | Mr. Kwok, did any other lawyers help you in | | | 23 | preparing your bankruptcy schedules? | | | | 24 | A<br>Yes. | | | | 25 | Q | Can you please tell me the names of the | |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 23 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>22 | | 1 | other lawyers who assisted you? | | 2 | A<br>I don't know how to say their names. I | | 3 | cannot read English well. | | 4 | MR. BALDIGA:<br>This is Bill Baldiga. I'm | | 5 | happy to add that, of course, other of our | | 6 | colleagues here at Brown Rudnick assisted. But I'm | | 7 | not sure Mr. Kwok would have details as to who | | 8 | exactly assisted on what part of it, but you could | | 9 | ask, of course. | | 10 | Q<br>Mr. Kwok, did any lawyer help you prepare | | 11 | your schedules who is not a lawyer at Brown Rudnick? | | 12 | MR. BALDIGA:<br>Excuse me. I need to talk with | | 13 | Mr. Kwok for one second. I'm just going to put you | | 14 | on mute for one second. | | 15 | MS. CLAIBORN:<br>I'd prefer he answer the | | 16 | question before you have your conference, Mr. | | 17 | Baldiga. | | 18 | A<br>Because the whole bankruptcy application, | | 19 | the whole stuff was arranged by this lawyer.<br>But I | | 20 | don't know all the other details. | | 21 | MS. CLAIBORN:<br>Do you want to confer with | | 22 | your client? | | 23 | MR. BALDIGA:<br>I'll clarify only that Mr. | | 24 | Kwok likely does not know of all of the | | 25 | conversations that we've had with others, but this |
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| 23 | |----| | |
| | Ho Wan Kwok - March 21, 2022<br>23 | |----|------------------------------------------------------| | 1 | is the opportunity to exam him, so you can obviously | | 2 | ask that but we don't want to be misleading. | | 3 | Q<br>Mr. Kwok, aside from Mr. Baldiga and lawyers | | 4 | at Brown Rudnick did you speak with any other | | 5 | lawyers about preparing your bankruptcy schedules? | | 6 | A<br>Yes. | | 7 | Q<br>Who did you speak with? | | 8 | A<br>Another law firm called Ari and my personal | | 9 | lawyer (indiscernible). | | 10 | Q<br>What is the name of your personal lawyer? | | 11 | MR. BALDIGA:<br>Could I confer and I might be | | 12 | able to answer that question? | | 13 | MS. CLAIBORN:<br>Go ahead. | | 14 | MR. BALDIGA:<br>Could I have a second to | | 15 | confer, please? | | 16 | MS. CLAIBORN:<br>Yes. | | 17 | (Pause.) | | 18 | MR. BALDIGA:<br>Thank you. | | 19 | Q<br>Mr. Kwok, what is the name of your personal | | 20 | lawyer? | | 21 | A<br>Guy Petrillo and<br>Ari (indiscernible). | | 22 | Q<br>Mr. Kwok do I understand correctly that you | | 23 | discussed your bankruptcy schedules with Guy | | 24 | Petrillo and Aaron Mitchell? | | 25 | A<br>Yes. |
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Ho Wan Kwok - March 21, 2022
| 1 | Q<br>Mr. Kwok, did you discuss your bankruptcy | |----|-----------------------------------------------------| | 2 | schedules with any other lawyers that you haven't | | 3 | yet told me about today? | | 4 | A<br>I don't remember. | | 5 | Q<br>Mr. Kwok, are there any errors or omissions | | 6 | in your bankruptcy schedules? | | 7 | A<br>I don't see anything like that now. | | 8 | Q<br>Mr. Kwok, is everything in your bankruptcy | | 9 | schedules true and accurate to the best of your | | 10 | knowledge? | | 11 | A<br>Yes. | | 12 | Q<br>Mr. Kwok, could you please take a look at | | 13 | your bankruptcy statement of financial affairs that | | 14 | was filed with the court at ECF no. 77. | | 15 | Mr. Kwok, using the numbers at the top of | | 16 | the document can you please go to page 20 where you | | 17 | will find a handwritten signature. | | 18 | THE INTERPRETER: Sorry? | | 19 | Q<br>Where you will find a handwritten signature. | | 20 | Mr. Kwok, is the handwritten signature on | | 21 | page 20 of the statement of financial affairs your | | 22 | own? | | 23 | A<br>Yes. | | 24 | Q<br>Mr. Kwok, was the statement of financial | | 25 | affairs translated for you before you signed it? |
| Case 22-50073 | Doc 404-7 | Filed 05/20/22<br>83 | Entered 05/20/22 11:52:18 | Page 26 of | |---------------|------------|---------------------------------|------------------------------------------------------|------------| | | | Ho Wan Kwok - March 21, 2022 | | 25 | | 1 | A | Yes. | | | | 2 | Q | | Mr. Kwok, were you involved in the preparing | | | 3 | | | of the responses and the answers to the questions in | | | 4 | | | the statement of financial affairs? | | | 5 | A | Yes. | | | | 6 | Q | | Mr. Kwok, did you read and understand all | | | 7 | | | the responses and answers to the questions in the | | | 8 | | | statement of financial affairs before you signed it? | | | 9 | A | I understood all. | | | | 10 | Q | | Mr. Kwok, are there any errors or omissions | | | 11 | | | in your statement of financial affairs? | | | 12 | A | No. | | | | 13 | | (No response.) | | | | 14 | Q | | Mr. Kwok, would you please answer the | | | 15 | question? | | | | | 16 | | MR. BALDIGA: | I'm sorry.<br>Could you repeat | | | 17 | that? | | We didn't get the interpretation here in the | | | 18 | | room for some reason. | | | | 19 | | MS. CLAIBORN: | I'll ask the question again. | | | 20 | Q | | Are there any errors or omissions in your | | | 21 | | statement of financial affairs? | | | | 22 | A | | Up to now I haven't found any errors or | | | 23 | omissions. | | | | | 24 | Q | | Mr. Kwok, is everything in your statement of | | | 25 | | | financial affairs true and accurate to the best of | |
| Case 22-50073 | Doc 404-7 | Filed 05/20/22<br>83 | Entered 05/20/22 11:52:18 | Page 27 of | |---------------|-----------------|------------------------------|------------------------------------------------------|------------| | | | Ho Wan Kwok - March 21, 2022 | | 26 | | 1 | your knowledge? | | | | | 2 | A | Yes. | | | | 3 | Q | | Mr. Kwok, who assisted you in the | | | 4 | | | preparation of your statement of financial affairs? | | | 5 | A | | My lawyer, Bill, and my financial advisor, | | | 6 | Matt. | | | | | 7 | Q | | Mr. Kwok, are you referring to Attorney | | | 8 | Baldiga? | | | | | 9 | A | Yes. | | | | 10 | Q | | And what is the name -- the full name of the | | | 11 | | financial advisor? | | | | 12 | A | | I don't know how to spell it. | | | 13 | | MR. BALDIGA: | It's Matt Flynn and colleagues | | | 14 | | at Verdolino and Lowey. | But you could -- | | | 15 | Q | Mr. Kwok, is that correct? | | | | 16 | A | | I'm afraid I will say it wrong, but I will | | | 17 | | | ask for Mr. -- my lawyer Baldiga to clarify for you. | | | 18 | Q | We can move on. | | | | 19 | | MR. BALDIGA: | This is Bill Baldiga. | | | 20 | | | Mr. Kwok simply does not know the full name | | | 21 | | | of Matt Flynn or Matt's colleagues at Verlino and | | | 22 | | | Lowey, but I confirm that he is pointing at Matt | | | 23 | | | Flynn next to him when he answers the question. | | | 24 | | MS. CLAIBORN: | Thank you. | | | 25 | Q | | Mr. Kwok, did anyone else help you with your | |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 28 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>27 | | 1 | statement of financial affairs? | | 2 | A<br>No. | | 3 | Q<br>Mr. Kwok, how long have you lived in the | | 4 | United States? | | 5 | A<br>Nearly seven years. | | 6 | MR. HARBACH:<br>This is David Harbach.<br>I | | 7 | didn't get the translation of the answer. | | 8 | MS. CLAIBORN:<br>Bin, can you please repeat | | 9 | your translation. | | 10 | THE INTERPRETER:<br>Nearly 7 years. | | 11 | Q<br>Mr. Kwok, do you still live at the Taconic | | 12 | Road property in Greenwich? | | 13 | A<br>Yes. | | 14 | Q<br>Who owns that property in Greenwich? | | 15 | A<br>My wife. | | 16 | Q<br>Your bankruptcy documents refer to a company | | 17 | called Greenwich Land, LLC.<br>Who owns that company? | | 18 | A<br>My wife. | | 19 | Q<br>What is your wife's name? | | 20 | A<br>(Indiscernible) | | 21 | MS. CLAIBORN:<br>Bin, could you please | | 22 | translate that for me into a spelling? | | 23 | THE INTERPRETER:<br>Let me just clarify with | | 24 | him which Chinese characters are, then I can spell | | 25 | it for you. |
| Case 22-50073 | Doc 404-7 | Filed 05/20/22<br>83 | Entered 05/20/22 11:52:18 | Page 29 of | |---------------|------------|------------------------------|------------------------------------------------------|------------| | | | Ho Wan Kwok - March 21, 2022 | | 28 | | 1 | A | | My wife's name is read at (indiscernible) | | | 2 | | | but she's from -- she's from Hong Kong.<br>Their | | | 3 | | | spelling is different from Mainland and I don't know | | | 4 | | how to spell her name. | | | | 5 | Q | | Mr. Kwok, could you just please spell her | | | 6 | last name? | | | | | 7 | A | I don't know how to spell. | | | | 8 | Q | | Does anyone else have a membership interest | | | 9 | | | in Greenwich Land LLC aside from your wife? | | | 10 | A | I don't know. | | | | 11 | Q | | When was Greenwich Land LLC formed as a | | | 12 | company? | | | | | 13 | A | 2020. | | | | 14 | Q | | Mr. Kwok, have you ever been a member of | | | 15 | | Greenwich Land, LLC? | | | | 16 | A | No. | | | | 17 | Q | | How much did Greenwich Land, LLC pay for the | | | 18 | | | purchase of the Greenwich property on Taconic Road? | | | 19 | A | | I don't know specifically but approximately | | | 20 | 5 million. | | | | | 21 | Q | | And how was that purchase funded? | | | 22 | A | I don't know. | | | | 23 | Q | | Who would know the answer, Mr. Kwok? | | | 24 | | THE INTERPRETER: | Sorry? | | | 25 | Q | | Who would know the answer to that, Mr. Kwok? | |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 30 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>29 | | 1 | A<br>My wife knows. | | 2 | MR. HARBACH:<br>This is David Harbach and I | | 3 | apologize for the interruption. | | 4 | We missed the translation by the number of | | 5 | that Mr. Kwok said approximately this kind of | | 6 | property would cost.<br>Could that please be repeated? | | 7 | THE INTERPRETER:<br>Sorry, the interpreter | | 8 | cannot hear you clearly. | | 9 | MS. CLAIBORN:<br>Mr. Harbach, I will ask your | | 10 | question again. | | 11 | MR. HARBACH:<br>Thank you. | | 12 | Q<br>How much was the Taconic Road property in | | 13 | Greenwich purchased for? | | 14 | A<br>I don't know clearly but approximately 4 | | 15 | million to 5 million. | | 16 | Q<br>When did Greenwich Land LLC purchase the | | 17 | property on Taconic Road in Greenwich? | | 18 | A<br>I don't know the specific time. | | 19 | Q<br>Do you know the year? | | 20 | A<br>2019 or 2020. I don't remember clearly. | | 21 | (Unintelligible background chatter.) | | 22 | MS. CLAIBORN:<br>Could whoever is speaking | | 23 | identify themselves? | | 24 | MR. BALDIGA:<br>Excuse me just for one second. | | 25 | We may have a translation issue.<br>I'm just going to |
Ho Wan Kwok - March 21, 2022 30 1 put you on mute for one second. 2 (Pause.) 83
3 MR. BALDIGA: This is Bill Baldiga. We 4 believe that the answer by Mr. Kwok to the date was 5 2019 or 2020, but the translator may have said 2020 6 without a mention of 2019. I obviously don't know. 7 But that's -- if it matters, you could re-ask to be 8 sure that there's clarity around that?
9 Q Mr. Kwok, when did Greenwich Land LLC 10 purchase the Taconic Road property in Greenwich? 11 A Maybe it's 2020 or maybe it's 2019. I don't 12 remember clearly. I don't know.
13 Q Mr. Kwok, did you sign any documents in 14 connection with the purchase of the Taconic Road 15 Property in Greenwich?
16 A No.
17 Q Mr. Kwok, who lives at the Taconic Road 18 property in Greenwich?
19 THE INTERPRETER: Sorry? Who -- 20 Q Who lives at the Taconic Road property in 21 Greenwich? 22 A My wife and I. Sometimes my daughter who 23 lives in New York will come back. 24 Q Mr. Kwok, are you currently employed by
25 anyone?
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 32 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>31 | | 1 | THE INTERPRETER:<br>Are you what? | | 2 | Q<br>Are you currently employed by anyone or any | | 3 | company? | | 4 | A<br>No. | | 5 | Q<br>Mr. Kwok, have you had any employment or any | | 6 | job with an employer since you started living in the | | 7 | United States? | | 8 | A<br>I don't remember clearly.<br>I don't remember | | 9 | clearly but approximately in 2015 at Golden Spring I | | 10 | worked for some time.<br>After I got part of my wages | | 11 | of salary I left and nothing else. | | 12 | Q<br>What work did you do for Golden Spring in | | 13 | 2015? | | 14 | A<br>I don't remember quite clearly but it seems | | 15 | it (indiscernible)<br>I was put in charge of | | 16 | developing (indiscernible)<br>investors. But I don't | | 17 | remember clearly. | | 18 | Q<br>Mr. Kwok, when did you stop working for | | 19 | Golden Spring? | | 20 | MR. BALDIGA:<br>Excuse me just one second. I | | 21 | just want to make sure we -- excuse me for one | | 22 | second. I just want to make sure we don't | | 23 | (indiscernible) translation.<br>We may. | | 24 | (Pause.) | | 25 | MR. BALDIGA:<br>Our interpreter believes that |
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32
| | Ho Wan Kwok - March 21, 2022<br>32 | |----|------------------------------------------------------| | 1 | the response was that if he had a role at Golden | | 2 | Springs, it was to develop investment opportunities | | 3 | not to develop investors. | | 4 | Q<br>Mr. Kwok, when did you stop working for | | 5 | Golden Spring? | | 6 | A<br>I don't remember clearly. | | 7 | Q<br>Mr. Kwok, when you say Golden Spring, are | | 8 | you referring to the company known as Golden Spring, | | 9 | New York, Limited? | | 10 | A<br>Yes. | | 11 | Q<br>Mr. Kwok, did you get paid for any of the | | 12 | work that you for Golden Spring? | | 13 | A<br>Yes. | | 14 | Q<br>How much were you paid? | | 15 | A<br>Approximately 200,000. I don't remember | | 16 | specifically. | | 17 | Q<br>Mr. Kwok, did you receive a paycheck from | | 18 | your work at Golden Spring? | | 19 | A<br>I should have but I don't remember clearly | | 20 | specifically. | | 21 | Q<br>Mr. Kwok, did you put the money that you | | 22 | were paid by Golden Spring into a bank account? | | 23 | A<br>I should have put it into a credit card | | 24 | account at Morgan Stanley. | | 25 | Q<br>Mr. Kwok, are you saying that you had a bank |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 34 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>33 | | 1 | account at Morgan Stanley? | | 2 | A<br>Yes, once I had. | | 3 | Q<br>Do you still have a bank account at Morgan | | 4 | Stanley? | | 5 | A<br>No. | | 6 | Q<br>When did you close your accounts at Morgan | | 7 | Stanley? | | 8 | A<br>Around April, 2017 when (indiscernible)<br>the | | 9 | Chinese Communist Party stated chasing me and | | 10 | (indiscernible)<br>me.<br>So all my bank accounts were | | 11 | closed. | | 12 | MR. BALDIGA:<br>Hold on.<br>There's a | | 13 | mistranslation there. | | 14 | (Pause.) | | 15 | MR. BALDIGA:<br>The prior misstatement or | | 16 | mistranslation was just the interpretation of the | | 17 | word. But here the entire crux of the answer was | | 18 | left out.<br>And I'm not sure what happened. | | 19 | MS. CLAIBORN:<br>Maybe I can ask a different | | 20 | question. We can try again. | | 21 | MR. BALDIGA:<br>No, I think -- no, I think -- | | 22 | the answer -- I'm concerned with the accuracy of the | | 23 | translation because there was specific mention of | | 24 | names that were simply not produced in the answer. | | 25 | And I'll guess, Bin, did you not hear the mention of |
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Ho Wan Kwok - March 21, 2022
83
| 1 | PACS and Bruno Wu, or was there a sound issue, or | |----|---------------------------------------------------------| | 2 | what happened? | | 3 | (Interpreter translates) | | 4 | MS. CLAIBORN:<br>Mr. Kwok, did you -- | | 5 | MR. KWOK:<br>So Bruno Wu, (indiscernible) | | 6 | Airlines and also Chinese Communist party, they all | | 7 | chased me and wanted to kill me.<br>So I | | 8 | (indiscernible)<br>-- all my bank accounts were | | 9 | closed. | | 10 | PAC, PACS.<br>(Indiscernible)<br>all the people | | 11 | are present today at today's meeting. | | 12 | MR. BALDIGA:<br>Could we have on the record | | 13 | the entirety of what Mr. Kwok said.<br>That's a very | | 14 | small part of what he said, obviously.<br>I don't know | | 15 | what he said but that's much shorter. | | 16 | (Interpreter translates) | | 17 | THE INTERPRETER:<br>The interpreter is asking | | 18 | him to (indiscernible)<br>every two names so that I | | 19 | can maintain the integrity of his meaning. | | 20 | MR. KWOK:<br>At today's meeting there are PAC, | | 21 | one of the major creditors.<br>And also | | 22 | (indiscernible).<br>And also (indiscernible)<br>member. | | 23 | All the money that had to be paid went into an | | 24 | account of the Communist Party under the name of | | 25 | Bruno Wu.<br>So since that day when all the -- all the |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 36 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>35 | | 1 | representatives of the Chinese Communist party -- so | | 2 | when the chasing and killing started I lost all my | | 3 | bank accounts. | | 4 | MR. HARBACH:<br>This is David Harbach.<br>Bin, | | 5 | could you please repeat that? | | 6 | THE INTERPRETER:<br>Sorry? | | 7 | MR. HARBACH:<br>This is David Harbach.<br>You | | 8 | just translated an answer that began with since that | | 9 | day.<br>Can you please repeat the answer in English? | | 10 | THE INTERPRETER:<br>Since that day all those | | 11 | people who are representatives of Chinese Communist | | 12 | Party, since that day I lost all my bank accounts. | | 13 | BY MS. CLAIBORN: | | 14 | Q<br>Mr. Kwok, did you have any money in your | | 15 | Morgan Stanley account when you closed it? | | 16 | A<br>Yes. | | 17 | Q<br>And where did you move that money to? | | 18 | A<br>Nobody bothered looking at me again since | | 19 | the account was closed. | | 20 | Q<br>Mr. Kwok, my question is where did you move | | 21 | the money to? | | 22 | MR. BALDIGA:<br>This is Bill Baldiga -- I'm | | 23 | sorry.<br>This is Bill Baldiga. | | 24 | Could you ask if perhaps you're inferring or | | 25 | implying that he moved it as opposed to something |
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Ho Wan Kwok - March 21, 2022
| 1 | happened to it?<br>Could you ask it in a more neutral | |----|-------------------------------------------------------| | 2 | way and you may get a more full answer? | | 3 | Q<br>Mr. Kwok, did you or someone acting on your | | 4 | behalf close the Morgan Stanley account? | | 5 | A<br>The Communist Party, Bruno Wu and also the | | 6 | (indiscernible).<br>It was closed by the Communist | | 7 | party. | | 8 | Q<br>Mr. Kwok, was the Morgan Stanley account in | | 9 | the United States? | | 10 | A<br>Yes. | | 11 | Q<br>Mr. Kwok, how does somebody other than you, | | 12 | or someone acting on your behalf close a bank | | 13 | account in your name? | | 14 | THE INTERPRETER:<br>He wants me to repeat the | | 15 | question, the interpretation of the question. | | 16 | (Interpreter translates again.) | | 17 | A<br>It's the core control of the Communist | | 18 | Party, like what's happening today. The same thing. | | 19 | (Indiscernible)<br>happened on me. | | 20 | MR. BALDIGA:<br>Ms. Claiborn, could I suggest | | 21 | that you ask whether Morgan Stanley closed the | | 22 | account, just so we could be more efficient here? | | 23 | Q<br>Mr. Kwok, did you close the account at | | 24 | Morgan Stanley? | | 25 | THE INTERPRETER:<br>Sorry? |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 38 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>37 | | 1 | Q<br>Mr. Kwok, did you close the account at | | 2 | Morgan Stanley? | | 3 | THE INTERPRETER:<br>I'm sorry. I still didn't | | 4 | quite get the question actually. | | 5 | Q<br>Mr. Kwok, did you personally close the | | 6 | account at Morgan Stanley? | | 7 | A<br>No. | | 8 | Q<br>Mr. Kwok, did you ask someone at Morgan | | 9 | Stanley to close your account? | | 10 | A<br>No. | | 11 | Q<br>Mr. Kwok, how did you find out that your | | 12 | bank account at Morgan Stanley was closed? | | 13 | A<br>Morgan Stanley notified me that I was on the | | 14 | wanted list of the Chinese government.<br>So it was | | 15 | Bruno Wu who was representing (indiscernible)<br>name | | 16 | on the wanted list so the account was closed. | | 17 | Q<br>Mr. Kwok, when Morgan Stanley closed the | | 18 | account, what happened to the money in the account? | | 19 | MR. HARBACH:<br>Ms. Claiborn, this is David | | 20 | Harbach. I'm sorry. I missed the second half of that | | 21 | question.<br>When Morgan Stanley closed the account | | 22 | and then I lost you. | | 23 | Q<br>I'll repeat my question. | | 24 | Mr. Kwok, when Morgan Stanley closed the | | 25 | bank account, what happened to the money in the bank |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 39 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>38 | | 1 | account? | | 2 | A<br>The last thing I know was a Chinese speaking | | 3 | person called me telling me that my account was | | 4 | closed because I was under a wanted list of the | | 5 | Chinese government.<br>And what happened later on I | | 6 | don't know really. | | 7 | Q<br>Mr. Kwok, how much money was in the -- | | 8 | MR. BALDIGA:<br>This is Bill Baldiga -- | | 9 | MS. CLAIBORN:<br>Yes, Mr. Baldiga? | | 10 | MR. BALDIGA:<br>This is Bill Baldiga. I think | | 11 | it would be helpful -- I don't want to interrupt | | 12 | your flow of questions, if we took a break pretty | | 13 | soon.<br>But if you want to finish this line, certain | | 14 | do that. | | 15 | I also want -- there may be some confusion | | 16 | with the Morgan name and so you may want to ask the | | 17 | witness whether it's, in fact, Morgan Stanley or JP | | 18 | Morgan Chase. | | 19 | MR. KWOK:<br>Now I remember. I think it was JP | | 20 | Morgan Chase.<br>I just cannot differentiate. I get | | 21 | confused with Morgan Stanley or JP Morgan Chase. | | 22 | Q<br>Mr. Kwok, was there only one account at | | 23 | whatever it is you're calling it, be it JP Morgan | | 24 | Chase or Morgan Stanley? | | 25 | A<br>What I remember is I have this only one |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 40 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>39 | | 1 | account. | | 2 | Q<br>How much money was in that account | | 3 | approximately when it was closed? | | 4 | A<br>A few thousand U.S. dollars. | | 5 | MR. HARBACH:<br>I missed it. Can you repeat | | 6 | the English, please? | | 7 | MS. CLAIBORN:<br>Bin, can you please repeat | | 8 | the answer? | | 9 | (No response.) | | 10 | MS. CLAIBORN:<br>Bin, can you please repeat | | 11 | the answer? | | 12 | MR. HARBACH:<br>This is David Harbach. I | | 13 | missed the translation before the word thousand. I | | 14 | did not hear the number.<br>Could you please repeat | | 15 | it? | | 16 | THE INTERPRETER:<br>He said a few thousand | | 17 | U.S. dollars. | | 18 | Q<br>Mr. Kwok, when you say a few thousand | | 19 | dollars, can you give me an idea of what you mean? | | 20 | Was it under \$10,000? | | 21 | A<br>I don't remember. | | 22 | Q<br>Mr. Kwok, a few minutes ago you testified | | 23 | that you were working for Golden Spring developing | | 24 | investment opportunities.<br>Can you explain more? | | 25 | THE INTERPRETER:<br>Sorry? |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 41 of<br>83 | | | | | | | |---------------|------------------------------------------------------------------------------|--|--|--|--|--|--| | | Ho Wan Kwok - March 21, 2022<br>40 | | | | | | | | 1 | MS. CLAIBORN:<br>I wasn't finished with the | | | | | | | | 2 | question. I apologize. I'll try again. | | | | | | | | 3 | Q<br>Mr. Kwok, a few minutes ago you testified | | | | | | | | 4 | that you were working for Golden Spring developing | | | | | | | | 5 | investment opportunities.<br>Can you please explain | | | | | | | | 6 | what you mean by that? | | | | | | | | 7 | A<br>I don't remember. | | | | | | | | 8 | Q<br>When you were working for Golden Spring, | | | | | | | | 9 | were you working in the United States? | | | | | | | | 10 | A<br>Yes. | | | | | | | | 11 | Q<br>When you were working with Golden Spring did | | | | | | | | 12 | you have a job title? | | | | | | | | 13 | A<br>I don't remember. | | | | | | | | 14 | Q<br>When you were working for Golden Spring, did | | | | | | | | 15 | you do any other work aside from developing | | | | | | | | 16 | investment opportunities? | | | | | | | | 17 | A<br>(indiscernible)<br>Communist Party of China. | | | | | | | | 18 | Q<br>Can you please explain that? | | | | | | | | 19 | A<br>Since 2015 up till now I have been spending | | | | | | | | 20 | all my time and my energy on collecting information | | | | | | | | 21 | about corruption and also human rights issues and | | | | | | | | 22 | assassinations of the Community Party.<br>That's my | | | | | | | | 23 | target and my work. | | | | | | | | 24 | Q<br>Mr. Kwok, do you currently have any source | | | | | | |
25 of income?
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 42 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>41 | | 1 | THE INTERPRETER:<br>I didn't get you.<br>Could | | 2 | you please repeat? | | 3 | Q<br>Mr. Kwok, do you currently have a source of | | 4 | income? | | 5 | A<br>No. | | 6 | Q<br>Mr. Kwok, have you filed your tax returns | | 7 | for the year 2021 with the Internal Revenue Service | | 8 | in the United States? | | 9 | A<br>No. | | 10 | Q<br>Mr. Kwok, have you filed any tax returns in | | 11 | states for the tax year 2021? | | 12 | THE INTERPRETER:<br>Sorry? | | 13 | Q<br>Have you filed any tax returns for any | | 14 | states for the tax year 2021? | | 15 | A<br>No. | | 16 | Q<br>What tax returns will you need to file for | | 17 | what states for the year 2021? | | 18 | A<br>Individual tax file in Connecticut. | | 19 | Q<br>Will you be filing a tax return for the | | 20 | State of New York for the year 2021? | | 21 | A<br>No. | | 22 | Q<br>Mr. Kwok, you previously provided to my | | 23 | office tax returns for the years 2019 and 2020.<br>Are | | 24 | those tax returns the same as the tax returns you | | 25 | filed with the Internal Revenue Service in the State |
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Ho Wan Kwok - March 21, 2022 83
| 1 | of New York? | |----|-------------------------------------------------------| | 2 | THE INTERPRETER:<br>Sorry, the date of what? | | 3 | MS. CLAIBORN:<br>2019 and 2020. | | 4 | THE INTERPRETER:<br>Yes, I got that.<br>What's | | 5 | the later part? | | 6 | MS. CLAIBORN:<br>The State of New York. | | 7 | A<br>No, I filed them in Connecticut, 2020. | | 8 | Q<br>Mr. Kwok -- | | 9 | A<br>I in (indiscernible)<br>for 2019 and 2020. | | 10 | 2020 I filed in Connecticut. | | 11 | MR. BALDIGA:<br>Holley, can we take a break | | 12 | soon? | | 13 | MS. CLAIBORN:<br>Unfortunately, I'm going to | | 14 | suggest that we can't really take a break because we | | 15 | only have the interpreter until 2:00.<br>So if we do, | | 16 | it needs to be a very, very short one. | | 17 | MR. BALDIGA:<br>Okay. Five minutes? | | 18 | MS. CLAIBORN:<br>Yeah, let me just ask one | | 19 | question before we do that. | | 20 | Q<br>Mr. Kwok, please confirm that the tax | | 21 | returns that you provided to the United States | | 22 | Trustee for the year 2020 and 2019 were the same as | | 23 | those filed with the taxing authorities? | | 24 | THE INTERPRETER:<br>The what?<br>Sorry, the last | | 25 | word. |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 44 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>43 | | 1 | MS. CLAIBORN:<br>Authorities. | | 2 | Q<br>Yes -- | | 3 | THE INTERPRETER:<br>Could you please repeat? | | 4 | Sorry. | | 5 | Q<br>Mr. Kwok, can you please confirm that the | | 6 | tax returns that you provided to the Office of the | | 7 | United States Trustee for the tax years 2019 and | | 8 | 2020 are the same as those that you provided to the | | 9 | Internal Revenue Service and to the State of | | 10 | Connecticut and to the State of New York? | | 11 | A<br>Yes. | | 12 | Q<br>Mr. Kwok, in your 2020 tax return -- | | 13 | MR. BALDIGA:<br>I want to clarify.<br>As you | | 14 | know, there were very limited redactions as to | | 15 | Social Security number and maybe a couple of data | | 16 | points. I'm not sure if the witness knows what we | | 17 | did by way of that data protection, but you do. I | | 18 | just wanted to not leave the record ambiguous in | | 19 | that regard. | | 20 | MS. CLAIBORN:<br>Thank you. | | 21 | Q<br>Mr. Kwok, your 2020 tax return reports | | 22 | interest income only and no other source of income. | | 23 | Did you have any other source of income in 2020? | | 24 | A<br>No. | | 25 | MS. CLAIBORN:<br>Okay. I'm going to take a |
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Ho Wan Kwok - March 21, 2022
| 1 | very short break. It is now 12:30. I would like | |---|-------------------------------------------------------| | 2 | everyone to reconvene at 12:35. I'm not going to | | 3 | disconnect the call.<br>I'm just going ask you to all | | 4 | put your phones on hold. | | 5 | We will reconvene at 12:35.<br>Thank you. | | 6 | (Off the record.) | | 7 | MS. CLAIBORN:<br>Okay.<br>We are back on the | | 8 | record after a short break. | | | |
44
9 Q Mr. Kwok, I would like to talk to you about 10 Golden Spring, New York.
11 Do you currently work for Golden Spring in 12 any capacity?
13 A No.
14 Q When was Golden Spring New York Limited 15 formed?
16 THE INTERPRETER: Sorry?
17 Q When was Golden Spring New York Limited 18 formed?
19 THE INTERPRETER: Sorry, I cannot get the 20 later half. Golden New York what?
21 MS. CLAIBORN: I'm going to actually just 22 refer to it as Golden Spring. When I do that I'm 23 referring to Golden Spring New York.
24 Q When was Golden Spring formed as a company? 25 A I don't know.
| Case 22-50073 | Doc 404-7 | Filed 05/20/22<br>83 | Entered 05/20/22 11:52:18 | Page 46 of | |---------------|-----------|---------------------------------------|----------------------------------------------------|--------------| | | | Ho Wan Kwok - March 21, 2022 | | 45 | | 1 | Q | | The address on the petition is 162 East 64th | | | 2 | Street. | Who owns that property? | | | | 3 | | I can ask the question again. | | | | 4 | | | The address for Golden Spring is listed as | | | 5 | | 162 East 64th Street in New York. | Who owns that | | | 6 | property? | | | | | 7 | A | I don't know. | | | | 8 | Q | | What is the nature of that property at 162 | | | 9 | | East 64th Street? | | | | 10 | A | | I don't know which property you're talking | | | 11 | about. | | | | | 12 | Q | | The office of Golden Spring -- | | | 13 | | MR. BALDIGA: | I'm not sure that was -- | | | 14 | | MS. CLAIBORN: | Let me just try again. | | | 15 | | The office of -- | | | | 16 | | MR. BALDIGA: | There's a translation issue. | | | 17 | | | Could we confer for one second because | | | 18 | | obviously there's a misunderstanding. | | So could Mr. | | 19 | | | Kwok talk to his translator because that obviously | | | 20 | | didn't come through. | | | | 21 | | MS. CLAIBORN: | Let me just -- I would prefer | | | 22 | | if I try again. | Let me try again, please. | | | 23 | Q | | The address for Golden Spring on the | | | 24 | | | bankruptcy petition is listed as 162 East 64th | | | 25 | | Street in New York. | | |
| Case 22-50073 | Doc 404-7 | Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 47 of<br>83 | |---------------|-----------|-----------------------------------------------------------------| | | | Ho Wan Kwok - March 21, 2022<br>46 | | 1 | | THE INTERPRETER:<br>Is it 54 or 64?<br>5-4 or 6- | | 2 | 4? | | | 3 | | MS. CLAIBORN:<br>64. | | 4 | | THE INTERPRETER: So maybe because of the | | 5 | | phone I mistook the 6 as 5 so let me correct my | | 6 | | mistake and reinterpret again. | | 7 | A | Yes, that's the address of Golden Spring. | | 8 | Q | Does Golden Spring own that building that's | | 9 | | located at that address? | | 10 | A | I don't know. | | 11 | Q | Have you ever been to that address? | | 12 | A | Yes. | | 13 | Q | What type of building is it?<br>What's located | | 14 | there? | | | 15 | A | It was a building. | | 16 | Q | Is the building a residential building or a | | 17 | | commercial building? | | 18 | A | Business building. | | 19 | | MS. CLAIBORN:<br>I'm sorry, Bin. I didn't hear | | 20 | | your translation. | | 21 | | THE INTERPRETER:<br>A commercial building or | | 22 | | business building. | | 23 | Q | Does anyone live at that address? | | 24 | A | I don't know. | | 25 | Q | What type of business does Golden Spring do? |
| Case 22-50073 | Doc 404-7 | Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 48 of<br>83 | |---------------|-----------|-----------------------------------------------------------------| | | | Ho Wan Kwok - March 21, 2022<br>47 | | 1 | A | It's a big family business my son works, but | | 2 | | I don't know specifically what categories of | | 3 | | business it has. | | 4 | Q | Mr. Kwok, when you used the term -- | | 5 | A | It is a family office owned by my son.<br>He | | 6 | | has other businesses, but I don't know. | | 7 | Q | Mr. Kwok, when you use the term family | | 8 | | business or family office, what do you mean by those | | 9 | terms? | | | 10 | A | It's mainly for the whole family, all the | | 11 | | family members.<br>When there is something we | | 12 | | (indiscernible)<br>and help each other. | | 13 | Q | Mr. Kwok, can you explain it in more detail? | | 14 | A | I don't know how to explain. | | 15 | Q | Does Golden Spring have any employees? | | 16 | A | Yes. | | 17 | Q | How many? | | 18 | A | I don't know. | | 19 | Q | Does Golden Spring own any real estate? | | 20 | A | I don't know. | | 21 | Q | Does Golden Spring own any other business? | | 22 | A | I don't know. | | 23 | Q | Does Golden Spring have any bank accounts? | | 24 | A | I don't know. | | 25 | Q | Mr. Kwok, you have previously said in |
48
| | Ho Wan Kwok - March 21, 2022<br>48 | |----|--------------------------------------------------------| | 1 | documents filed with the bankruptcy court that | | 2 | Golden Spring pays for you personal living expenses. | | 3 | Can you please explain how they do that? | | 4 | A<br>I don't know what you mean by they pay me. | | 5 | In what regard? | | 6 | Q<br>Mr. Kwok, you have previously told the court | | 7 | in your bankruptcy documents that Golden Spring pays | | 8 | for your clothing, your food and your housing. | | 9 | My question is how do they do that?<br>Do they | | 10 | give you money?<br>Do they pay other people directly? | | 11 | How does it work? | | 12 | A<br>Whenever I need any expenses for my basic | | 13 | living I talk to my son and he will tell his office | | 14 | to give to me. | | 15 | Q<br>Who are the owners of Golden Spring? | | 16 | MR. HARBACH:<br>This is David Harbach. I | | 17 | missed the end of that question. I talk to my son | | 18 | and he -- that answer.<br>I heard I talk to my son and | | 19 | he and then I lost it.<br>Can I please have the | | 20 | English again? | | 21 | THE INTERPRETER:<br>Sorry, I didn't hear the | | 22 | gentleman? | | 23 | MS. CLAIBORN:<br>Mr. Harbach is asking Bin if | | 24 | you could repeat the translation of Mr. Kwok's | | 25 | answer about how the money flows from Golden Spring. |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 50 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>49 | | 1 | THE INTERPRETER: I'll repeat the | | 2 | interpretation. | | 3 | When I need expenses for my basic living I | | 4 | tell my son.<br>My son will tell the office to take -- | | 5 | Q<br>Mr. Kwok, who are the owners of Golden | | 6 | Spring? | | 7 | A<br>My son. | | 8 | Q<br>Are there any owners of Golden Spring other | | 9 | than your son? | | 10 | A<br>No. | | 11 | Q<br>Mr. Kwok, have you ever owned an interest in | | 12 | Golden Spring? | | 13 | A<br>No. | | 14 | Q<br>Who are the officers and directors of Golden | | 15 | Spring? | | 16 | MR. BALDIGA:<br>This is Bill Baldiga. | | 17 | This is something for which there are very | | 18 | serious physical security concerns and it's not that | | 19 | the debtor would refuse to answer, if he knows.<br>But | | 20 | not on a line like this where it's open to the | | 21 | public and who else knows.<br>There are -- hold on. | | 22 | Can I just confer with the witness because | | 23 | we'd like to give you as much as possible, but we | | 24 | don't want to cause severe security issues. | | 25 | So could I just have one minute to confer |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 51 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>50 | | 1 | with the witness? | | 2 | MS. CLAIBORN:<br>Yes. | | 3 | (Pause.) | | 4 | MR. BALDIGA:<br>This is Bill Baldiga, again. | | 5 | The witness believes that he may know who | | 6 | the directors and officers are and is prepared to | | 7 | testify as to the best of his knowledge in that | | 8 | regard.<br>And if we could take it one question at a | | 9 | time we'll go from there. | | 10 | If you could interpret that, because I want | | 11 | to be sure that the witness understands what I just | | 12 | said as well, please. | | 13 | (Interpretation) | | 14 | BY<br>MS. CLAIBORN: | | 15 | Q<br>Mr. Kwok, as of today, who are the officers | | 16 | of Golden Spring? | | 17 | A<br>(Indiscernible) | | 18 | Q<br>I'm going to repeat that name so everyone | | 19 | understands what I thought I heard.<br>What I heard | | 20 | was Yan Ping, also known as Yvonne Wang.<br>Is that | | 21 | accurate? | | 22 | A<br>Yes. | | 23 | Q<br>Is Yvonne Wang the only officer of Golden | | 24 | Spring? | | 25 | A<br>I don't know. |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 52 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>51 | | 1 | Q<br>As of today, who are the directors of Golden | | 2 | Spring? | | 3 | A<br>I don't know. | | 4 | Q<br>Mr. Kwok, have you ever been an officer or a | | 5 | direct or Golden Spring? | | 6 | A<br>I don't remember. | | 7 | Q<br>Mr. Kwok, who is Max Krazner? | | 8 | A<br>I don't know. I don't know. | | 9 | THE INTERPRETER:<br>Could you please repeat | | 10 | the name again? | | 11 | Q<br>Mr. Kwok, who is Max Krazner? | | 12 | (No response) | | 13 | Mr. Kwok, can you please answer? | | 14 | MR. BALDIGA:<br>I'm conferring with the | | 15 | witness for one second.<br>Hold on please? | | 16 | MS. CLAIBORN:<br>Mr. Baldiga, I would rather | | 17 | he would answer the question before you make a | | 18 | confer. | | 19 | (Pause.) | | 20 | MR. BALDIGA:<br>Thank you for that | | 21 | opportunity.<br>The witness could answer. | | 22 | A<br>He has to double check with you because I | | 23 | cannot read and cannot remember English names well. | | 24 | So just the name, you said Max.<br>If it's the name | | 25 | Max only I know Max.<br>But if you add another name to |
| Case 22-50073 | Doc 404-7 | Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 53 of<br>83 | |---------------|--------------|-----------------------------------------------------------------| | | | Ho Wan Kwok - March 21, 2022<br>52 | | 1 | | it, I'm not sure. I don't know. | | 2 | Q | Do you know a Max with respect to Golden | | 3 | Spring? | | | 4 | A | Yes. I know. | | 5 | Q | And what is Max's role with Golden Spring? | | 6 | A | I don't know. | | 7 | Q | Well, how do you know Max? | | 8 | A | I don't remember. | | 9 | Q | Do you know more than one person by the name | | 10 | of Max? | | | 11 | A | For me English name is very complicated. | | 12 | | Like I can't remember the last name of my lawyer. If | | 13 | | you add something else to Max, I don't know. | | 14 | Q | Mr. Kwok, the name Max Krazner is listed as | | 15 | | the person to whom the mail for Golden Spring is | | 16 | directed to. | Do you know why that is? | | 17 | | THE INTERPRETER:<br>Sorry? | | 18 | Q | Do you know why that is? | | 19 | A | I only remember there is a Max at Golden | | 20 | | Spring. I only know this one thing. | | 21 | Q | And what is Max's job at Golden Spring? | | 22 | A | I'm not sure what role.<br>I (indiscernible) | | 23 | | know he is in charge of finance, but I'm not sure. | | 24 | Q | What does he do for Golden Spring with | | 25 | | respect to finances? |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 54 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>53 | | 1 | A<br>I was not involved in the management so I | | 2 | don't know. | | 3 | Q<br>If Golden Spring gives you money, does it | | 4 | come through Max Krazner's efforts?<br>Does he help | | 5 | make that happen? | | 6 | A<br>I don't know.<br>He didn't give me money in | | 7 | person. | | 8 | Q<br>Mr. Kwok, when you get money from Golden | | 9 | Spring how do you get money?<br>Does it come in the | | 10 | form of cash or something else? | | 11 | A<br>From my son and (indiscernible). | | 12 | MS. CLAIBORN:<br>I'm sorry, Bin.<br>I didn't | | 13 | understand your translation.<br>Can you try that | | 14 | again? | | 15 | THE INTERPRETER:<br>He said from my son and | | 16 | (indiscernible). | | 17 | Q<br>My question was how do you get money from | | 18 | your son?<br>Does it come in the form of cash or some | | 19 | other form? | | 20 | A<br>I don't understand what you mean by how, the | | 21 | word how.<br>I never get money directly from them. | | 22 | Q<br>If you don't get money directly from your | | 23 | son, how do you get the money from your son?<br>Where | | 24 | does it go? | | 25 | A<br>I don't use cash and I don't use credit |
Ho Wan Kwok - March 21, 2022
54
| 1 | cards.<br>My son and (indiscernible)<br>Wan they just | |----|---------------------------------------------------------| | 2 | pay my expenses for me.<br>It's impossible for me to | | 3 | get any cash from them. And also I don't have bank | | 4 | account.<br>Any bank accounts. | | 5 | Q<br>Mr. Kwok, do you have access to a credit | | 6 | card that was taken out by Golden Spring? | | 7 | MR. BALDIGA:<br>This is Bill Baldiga. I'm | | 8 | sorry.<br>I think there was a translation issue with | | 9 | the prior question.<br>Could you give us a minute to | | 10 | be sure that the witness understood the question | | 11 | correctly?<br>Hold on for one second.<br>We're going to | | 12 | put it on mute. | | 13 | (Pause.) | | 14 | MR. BALDIGA:<br>The witness would like to | | 15 | clarify. I think it came through, but we're not | | 16 | sure, that Golden Spring does not give him cash, but | | 17 | simply pays certain bills for his living expenses. | | 18 | If that's what came through the translation, great. | | 19 | If not, we clarify accordingly. | | 20 | Q<br>Mr. Kwok, do you have access to a credit | | 21 | card or a debit card provided to you by or through | | 22 | Golden Spring? | | 23 | A<br>No. | | 24 | Q<br>Mr. Kwok, are you obligated to pay Golden | | 25 | Spring back for the monies that it pays on your |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 56 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>55 | | 1 | behalf for your living expenses? | | 2 | A<br>No.<br>No need. | | 3 | MS. CLAIBORN:<br>At this time I'd like to open | | 4 | the meeting to creditors, given that we have a | | 5 | limited amount of time for today. I am not done with | | 6 | all my questions. | | 7 | We will need to reconvene on another day, | | 8 | but for purposes of today's examination I'm now | | 9 | going to open it up to creditors who may wish to | | 10 | examine. | | 11 | I would ask that you identify yourself when | | 12 | you speak and to be mindful of the need for | | 13 | interpretation. | | 14 | MR. BALDIGA:<br>Just to clarify one thing for | | 15 | the record.<br>You asked previously -- you referred to | | 16 | the petition and asked whether anyone lived at 162 | | 17 | East 64th Street. | | 18 | And as we told you informally when we filed | | 19 | the petition there was great concern over the | | 20 | debtor's physical security and so he used that | | 21 | address, but has since, obviously, corrected the | | 22 | record that he lives in the Greenwich house that you | | 23 | asked about earlier today. | | 24 | And so I just didn't want the record to be | | 25 | confusing in that regard.<br>Thank you. |
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| 1 | MS. CLAIBORN:<br>Are there any creditors who | |----|--------------------------------------------------------| | 2 | wish to inquire or examine of the debtor? | | 3 | MR. HARBACH:<br>Yes.<br>This is David Harbach | | 4 | for PACS.<br>We do have some questions. We do have | | 5 | some questions.<br>We can start asking the questions | | 6 | now or if there are others who would like to ask | | 7 | questions that's fine.<br>However you want to proceed. | | 8 | But we obviously will not finish before 2 o'clock | | 9 | either. | | 10 | THE INTERPRETER:<br>I cannot hear you clearly. | | 11 | MR. HARBACH:<br>This is David Harbach for PACS | | 12 | and I was just saying that we do have some questions | | 13 | and we are happy to proceed and ask them or if the | | 14 | trustee would like. we can proceed with others | | 15 | asking questions but we will certainly not finish | | 16 | before 2 o'clock either. | | 17 | MR. BALDIGA:<br>Could that be translated | | 18 | please? | | 19 | THE INTERPRETER:<br>I was saying I could not | | 20 | get him completely. | | 21 | MS. CLAIBORN:<br>Mr. Harbach, do you have the | | 22 | ability to pick up a hand held and speak into a hand | | 23 | held device, as opposed to a speaker phone? | | 24 | MR. HARBACH:<br>Not at this moment, but let me | | 25 | move to see if this is any better.<br>Can you hear me |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 58 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>57 | | 1 | a little better now? | | 2 | THE INTERPRETER:<br>Not really.<br>No, sorry. | | 3 | MR. HARBACH:<br>Not really.<br>Well, I'll tell | | 4 | you what.<br>If you give me -- take a moment, I can | | 5 | try dialing in with a phone.<br>Just give me a second, | | 6 | okay? | | 7 | MS. CLAIBORN:<br>Yes. | | 8 | MR. BALDIGA:<br>Bin, could you translate the | | 9 | dialogue for Mr. Kwok, please, so he knows that. | | 10 | (Interpreter translates) | | 11 | MR. HARBACH:<br>Hello? | | 12 | MS. CLAIBORN:<br>Hello.<br>This is Holley | | 13 | Claiborn. | | 14 | MR. HARBACH:<br>This is David Harbach and I | | 15 | just wanted to know if you could hear me better. | | 16 | MS. CLAIBORN:<br>Much better.<br>Bin, can you | | 17 | hear Mr. Harbach? | | 18 | THE INTERPRETER:<br>Yes, I can hear him now. | | 19 | Thank you. | | 20 | MS. CLAIBORN:<br>Go ahead, Mr. Harbach. | | 21 | MR. HARBACH:<br>I'll repeat what I said once | | 22 | more so that the interpreter can interpret it. | | 23 | I'm David Harbach and I was just saying that | | 24 | PACS does have some questions we would like to ask, | | 25 | but we certainly will not finish by 2 o'clock and so |
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| 1 | if Ms. Claiborn would like to proceed with giving | |----|-----------------------------------------------------| | 2 | other creditors an opportunity to ask questions | | 3 | today, it's entirely up to her or we can start now. | | 4 | MR. BALDIGA:<br>And this is Bill Baldiga. We | | 5 | extended our own translator until 2 o'clock so we | | 6 | certainly encourage whoever wants to ask questions | | 7 | to use the time. | | 8 | MR. WOLMAN:<br>This is Jay Wolman. I'm happy | | 9 | to ask some questions now. | | 10 | THE INTERPRETER:<br>Sorry, I didn't get your | | 11 | name. | | 12 | MR. WOLMAN: Jay Wolman, and I represent | | 13 | Logan Chang. | | 14 | EXAMINATION BY MR. WOLMAN: | | 15 | Q<br>Good afternoon, Mr. Kwok. | | 16 | Do you remember that I took your deposition | | 17 | about a year ago? | | 18 | A<br>I have too many -- | | 19 | THE INTERPRETER:<br>Someone's always talking | | 20 | in the background. | | 21 | A<br>I have too many depositions.<br>I don't | | 22 | remember specifically. | | 23 | Q<br>That's all right. I asked you a number of | | 24 | questions and you invoked your rights under the | | 25 | Fifth Amendment of the U.S. Constitution.<br>Do you |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 60 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>59 | | 1 | understand that? | | 2 | THE INTERPRETER:<br>You and your wife what? | | 3 | Sorry. | | 4 | Q<br>You invoked your right under the Fifth | | 5 | Amendment of the U.S. Constitution.<br>Do you remember | | 6 | that? | | 7 | MR. BALDIGA:<br>We have a translation issue. | | 8 | Hold on for one second, please. | | 9 | (Pause.) | | 10 | MR. BALDIGA:<br>I think -- our interpreter is | | 11 | hearing this translation.<br>The question as we | | 12 | understand is do you remember having invoked the | | 13 | Fifth Amendment privilege at a prior deposition. | | 14 | That's what we are hearing.<br>Could that be | | 15 | interpreter for Mr. Kwok in that way please? | | 16 | THE INTERPRETER:<br>Sorry, I can I hear the | | 17 | question again. | | 18 | MR. WOLMAN:<br>Sure. | | 19 | Q<br>Do you remember at a prior deposition | | 20 | invoking the Fifth Amendment of the U.S. | | 21 | Constitution? | | 22 | THE INTERPRETER:<br>Sorry, I did not hear you | | 23 | clearly. | | 24 | Q<br>Do you remember at a prior deposition | | 25 | invoking the Fifth Amendment of the U.S. |
Ho Wan Kwok - March 21, 2022 60 1 Constitution? 2 THE INTERPRETER: At a prior what? Sorry. 3 MR. WOLMAN: Deposition. D-E-P-O-S-I-T-I-O-4 N. 5 THE INTERPRETER: Deposition. Sorry, just 6 one sec. 7 (Pause.) 8 THE INTERPRETER: Okay. In the prior 9 deposition what? 10 Q Do you remember invoking your Fifth 11 Amendment rights? 12 THE INTERPRETER: Invoking what? 13 MR. WOLMAN: Can everybody else hear me or 14 is it just the interpreter? 15 MS. CLAIBORN: This is Holley. I can hear 16 you. 17 MR. HARBACH: This is David Harbach. We can 18 hear you fine. 19 MR. BALDIGA: The debtor can hear you. It's 20 not a volume issue. 21 MR. WOLMAN: Is it a diction issue? I can 22 try to -- Case 22-50073 Doc 404-7 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 61 of 83
23 THE INTERPRETER: The interpreter just 24 didn't get the word. (Indiscernible) rewording. 25 MR. WOLMAN: I cannot reword that. I need
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| | Ho Wan Kwok - March 21, 2022<br>61 | |----|------------------------------------------------------| | 1 | you to hear the words in English and translate them, | | 2 | ma'am. | | 3 | THE INTERPRETER:<br>Okay.<br>Could you please | | 4 | speak slowly? | | 5 | Q<br>Do you remember at a prior deposition | | 6 | invoking your rights under the Fifth, number five | | 7 | that is -- Fifth Amendment, ordinal number -- of the | | 8 | U.S. Constitution? | | 9 | THE INTERPRETER:<br>Invoke or evoke? | | 10 | MR. WOLMAN:<br>Invoke, I-N-V-O-K-E. | | 11 | Okay, we still have an issue. | | 12 | UNIDENTIFIED:<br>Hold on. | | 13 | UNIDENTIFIED:<br>Did someone just drop out? | | 14 | MS. CLAIBORN:<br>Bin, are you there?<br>This is | | 15 | Holley. | | 16 | MR. WOLMAN:<br>Bin? | | 17 | MS. CLAIBORN:<br>Bin, are you there? | | 18 | THE INTERPRETER:<br>Hello. | | 19 | MS. CLAIBORN:<br>Bin, this is Holley Claiborn. | | 20 | THE INTERPRETER:<br>Okay. I'm back. | | 21 | MS. CLAIBORN:<br>Okay. | | 22 | THE INTERPRETER:<br>I don't know what | | 23 | happened. | | 24 | MS. CLAIBORN:<br>Go ahead. | | 25 | MR. BALDIGA:<br>Is the interpreter -- we're |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 63 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>62 | | 1 | not sure what's going on.<br>Is the interpreter with | | 2 | us or not? | | 3 | THE INTERPRETER:<br>Yes, the interpreter is | | 4 | here now. | | 5 | MR. BALDIGA:<br>Okay.<br>Thank you. | | 6 | My client just said something and I don't | | 7 | know what he said and I don't know whether you were | | 8 | on for what he said.<br>If you were, I'd like to know | | 9 | -- I'd like you to interpret it.<br>If not, could you | | 10 | let us confer for a second so we could try to figure | | 11 | that out, because there was a lot of confusion. | | 12 | MR. WOLMAN:<br>Bill, can you just ask your | | 13 | client to repeat what he just said? | | 14 | MR. BALDIGA:<br>No -- | | 15 | THE INTERPRETER:<br>The interpreter would like | | 16 | him to repeat what he said because just now all of a | | 17 | sudden I'm not (indiscernible)<br>all the voices | | 18 | sometimes. | | 19 | I'm asking the gentleman to repeat what he | | 20 | said just now. | | 21 | MR. KWOK: Just now in your question you | | 22 | mentioned that -- you asked me whether my wife used | | 23 | something under the law or under the Constitution. | | 24 | I don't remember that. | | 25 | MR. WOLMAN: I said nothing about his wife. |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 64 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>63 | | 1 | MR. KWOK:<br>So did you say just now my wife | | 2 | use any kind of law or what? | | 3 | MR. WOLMAN:<br>No, that was nothing of the | | 4 | sort. | | 5 | MR. BALDIGA:<br>Could I suggest, Mr. Wolman, | | 6 | maybe you could just go right to whatever you want | | 7 | to ask him instead of what happened a year ago | | 8 | because this is not getting anywhere. | | 9 | MR. WOLMAN:<br>Well, I'm going to re-ask him | | 10 | every question relative to finances where he invoked | | 11 | the Fifth and I wanted to make sure he had that in | | 12 | his mind as he answers here today. | | 13 | MR. BALDIGA:<br>Is there a question? | | 14 | MR. WOLMAN:<br>I want to make sure you're | | 15 | aware of what I'm about to do. | | 16 | At this point, I have no idea, but I am | | 17 | representing to you that is exactly what I'm doing. | | 18 | So I want to make sure your client is appropriately | | 19 | advised. | | 20 | BY MR. WOLMAN: | | 21 | Q<br>So a year ago -- this is a lengthy one, Bin, | | 22 | so please just write it down, or do what you need to | | 23 | do. Let me finish and then translate.<br>Do not do | | 24 | that piecemeal. | | 25 | THE INTERPRETER:<br>Okay. |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 65 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>64 | | 1 | MR. BALDIGA:<br>I -- | | 2 | MR. WOLMAN:<br>Hold on. I want the translation | | 3 | of that and we'll take this in small pieces.<br>So | | 4 | Bin, please translate that for the witness because | | 5 | he has to hear everything. | | 6 | (Translation.) | | 7 | THE INTERPRETER:<br>Yes. | | 8 | MR. WOLMAN:<br>Thank you. | | 9 | BY MR. WOLMAN: | | 10 | Q<br>A year ago I asked you are you employed. | | 11 | You answered I have always been -- | | 12 | THE INTERPRETER:<br>I asked you what? Sorry. | | 13 | Q<br>Are you employed? | | 14 | There's a lot of background noise.<br>Can we | | 15 | knock that off, please. | | 16 | A year ago I asked you are you employed? | | 17 | THE INTERPRETER:<br>You employed? | | 18 | Q<br>A year ago I asked you are you employed? | | 19 | Your answer was I have always been a consultant for | | 20 | -- | | 21 | THE INTERPRETER:<br>Sorry.<br>A year ago I asked | | 22 | you are you employed?<br>The answer is what? | | 23 | Q<br>I have always been the consultant for a lot | | 24 | of companies -- | | 25 | THE INTERPRETER:<br>I'm sorry -- |
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| 1 | Q<br>And my current employment is the -- I am in | |----|--------------------------------------------------------| | 2 | the broadcasting and to take down the Chinese | | 3 | Communist Party.<br>It is a broadcasting revolution. I | | 4 | then asked you how much do you get paid for that. | | 5 | I'm re-asking that question now.<br>How much | | 6 | do you get paid for that? | | 7 | THE INTERPRETER:<br>So I have to do it from | | 8 | the beginning because I didn't get the words when | | 9 | you say a year ago I asked you whether -- are you | | 10 | employed?<br>Your answer is I didn't get the word | | 11 | after is. | | 12 | Q<br>Your answer was I always been the consultant | | 13 | for a lot of companies and my current employment is | | 14 | the -- he paused.<br>I am in the broadcasting -- | | 15 | THE INTERPRETER:<br>Is what?<br>Sorry? | | 16 | Q<br>-- and to take down -- | | 17 | THE INTERPRETER:<br>Sorry. | | 18 | Q<br>I am in the broadcasting and to take down | | 19 | the Chinese Communist Party.<br>It is a broadcasting | | 20 | revolution.<br>I then asked you how much do you get -- | | 21 | THE INTERPRETER:<br>Excuse me. I'm not able to | | 22 | -- | | 23 | MR. WOLMAN:<br>Excuse me. I'm not done.<br>Why | | 24 | not? | | 25 | THE INTERPRETER:<br>I tried to clarify -- |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 67 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>66 | | 1 | MR. WOLMAN:<br>Why not? | | 2 | THE INTERPRETER:<br>-- the words that I didn't | | 3 | get.<br>Yes, I know it's simple but it's too long.<br>I | | 4 | (indiscernible)<br>such a long time to do the | | 5 | interpretation. I'm highly concentrating. I have a | | 6 | human brain. | | 7 | MR. WOLMAN:<br>I'm used to translators writing | | 8 | things down as they go. | | 9 | THE INTERPRETER:<br>Sorry about that. | | 10 | Let me interpret what I got and then I will | | 11 | ask you the rest.<br>Is that okay? | | 12 | MR. WOLMAN:<br>Yes. | | 13 | THE INTERPRETER:<br>Okay. | | 14 | (Translation) | | 15 | THE INTERPRETER:<br>Okay.<br>I -- | | 16 | Q<br>I then asked you how much do you get paid | | 17 | for that and I am asking you now again, because you | | 18 | invoked the Fifth, how much do you get paid for | | 19 | that? | | 20 | (Pause.) | | 21 | MR. BALDIGA:<br>Okay. The witness is | | 22 | struggling to -- well, is the question are you | | 23 | getting paid for that?<br>And you can answer that. | | 24 | MR. WOLMAN:<br>No.<br>I am literally asking him | | 25 | how much do you get paid for that. He took the |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 68 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>67 | | 1 | Fifth. I'm asking it now again. | | 2 | Q<br>How much do you get paid for that? | | 3 | A<br>No money at all. | | 4 | Q<br>A year ago I asked you what is Golden Spring | | 5 | New York.<br>You answered it's a company. I then asked | | 6 | you and what is your -- I then asked you and what is | | 7 | your relationship to that company and so I'm asking | | 8 | that question again.<br>What is your relationship to | | 9 | that company? | | 10 | A<br>I don't know what you mean by relationship. | | 11 | Q<br>If you didn't know what I meant by that | | 12 | question, why did you invoke the Fifth last year? | | 13 | MR. BALDIGA:<br>Objection.<br>I'm not going to | | 14 | allow the witness to describe the legal advice a | | 15 | year ago as to the Fifth Amendment. | | 16 | He is prepared to answer whatever questions | | 17 | you may have. You are confusing the witness a bit by | | 18 | in each question having three things, some reference | | 19 | to the Fifth Amendment, some conversation from a | | 20 | year ago and a question as to now. | | 21 | But if you were to ask a more simple | | 22 | question, I think this would go much more | | 23 | productively.<br>That's your choice. | | 24 | MR. WOLMAN:<br>No.<br>Your client is an | | 25 | intelligent person who is a big businessman, who is |
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| 1 | a sophisticated person. I trust he can handle these | |----|--------------------------------------------------------| | 2 | simple questions. | | 3 | MR. BALDIGA:<br>Proceed as you'd like. | | 4 | (Translation interrupted) | | 5 | Q<br>Last year I asked you -- | | 6 | MR. BALDIGA:<br>Wait.<br>Hold on.<br>Mr. Wolman, | | 7 | there's a translation that needs to be done.<br>Please | | 8 | hold on.<br>The witness needs to understand what's | | 9 | being said. | | 10 | (Translation) | | 11 | THE INTERPRETER:<br>Okay.<br>Go ahead. | | 12 | Q<br>What is your relationship to Golden Spring? | | 13 | A<br>I don't understand what you mean by your | | 14 | question?<br>I don't know how to answer your question. | | 15 | Q<br>Do you know what the word relationship | | 16 | means? | | 17 | A<br>Relationship means love of things in China. | | 18 | It could be between husband and wife. It could be | | 19 | between a government relationship, a financial | | 20 | relationship, money and it could be a lot of things. | | 21 | So I don't know which one you mean?<br>Is it a | | 22 | man/woman relationship or a money relationship or | | 23 | what? | | 24 | Q<br>Any relationship?<br>What is it? What is your | | 25 | (indiscernible)<br>-- |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 70 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>69 | | 1 | THE INTERPRETER:<br>Sorry?<br>What was your last | | 2 | sentence again, because there was talking. | | 3 | Q<br>Any relationship, what is yours to Golden | | 4 | Spring? | | 5 | THE INTERPRETER:<br>Let me do the | | 6 | interpretation first. | | 7 | A<br>Now the relationship is between -- is he | | 8 | lends me money. I owe money to him.<br>He helps me. | | 9 | Q<br>And why does he do this? | | 10 | A<br>Because I was once a member of the Guo (ph) | | 11 | family. | | 12 | MR. HARBACH:<br>This is David Harbach.<br>Could | | 13 | you please repeat that English answer? | | 14 | THE INTERPRETER:<br>Because I was once a | | 15 | member of Guo family. | | 16 | Q<br>Does Golden Spring pay the expenses of any | | 17 | other member of the Guo family? | | 18 | A<br>Yes. | | 19 | Q<br>Which other members of the Guo family? | | 20 | A<br>I don't know. | | 21 | Q<br>A year ago I asked you why does Golden | | 22 | Spring pay Mr. Podhaskie, P-O-D-H-A-S-K-I-E, for | | 23 | services rendered to you in your individual | | 24 | capacity. I'm asking that again now.<br>Why does | | 25 | Golden Spring pay Mr. Podhaskie for services |
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| | Ho Wan Kwok - March 21, 2022<br>70 | |----|------------------------------------------------------| | 1 | rendered to you in your individual capacity? | | 2 | MR. BALDIGA:<br>This is Bill Baldiga. I | | 3 | understand that Mr. Podhaskie may be a lawyer. I | | 4 | just need to confer with the client to make sure he | | 5 | doesn't disclose the substance of legal advice. I'll | | 6 | take one second to do that. | | 7 | MR. WOLMAN:<br>The question didn't indicate | | 8 | any answer of that sort. | | 9 | (Pause.) | | 10 | MR. BALDIGA:<br>I'm sorry. The witness could | | 11 | answer the question. | | 12 | MR. KWOK:<br>I don't know. | | 13 | Q<br>Have you ever asked anyone why they pay for | | 14 | him to advise you? | | 15 | A<br>I don't remember. | | 16 | Q<br>I asked you last year why did Golden Spring | | 17 | New York pay that judgment on your behalf, and I was | | 18 | referring to the one my client, Mr. Cheng, held | | 19 | against you. | | 20 | I'm asking you again why did Golden Spring | | 21 | New York pay that judgment on your behalf? | | 22 | A<br>It was money lended. | | 23 | Q<br>Why did Golden Spring loan you that money? | | 24 | A<br>I don't have any thing so I borrowed from | | 25 | them. |
| Case 22-50073 | Doc 404-7 | Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 72 of<br>83 | |---------------|----------------|-----------------------------------------------------------------| | | | Ho Wan Kwok - March 21, 2022<br>71 | | 1 | Q | Where did Golden Spring get the money from? | | 2 | A | I don't know. | | 3 | Q | Where does Golden Spring get any money from? | | 4 | A | I don't know. | | 5 | Q | Your son owns Golden Spring, correct? | | 6 | A | Yes. | | 7 | Q | Does your son owe you any money? | | 8 | A | No. | | 9 | Q | How did your son get the money that funds | | 10 | Golden Spring? | | | 11 | A | I don't know. | | 12 | Q | Did you ever provide your son with any seed | | 13 | capital? | | | 14 | A | No. | | 15 | Q | Have you ever invested in any of your son's | | 16 | businesses? | | | 17 | A | No. | | 18 | Q | When did Connecticut become your residence? | | 19 | A | End of February or early March of 2020. | | 20 | Q | Okay.<br>And you're sure about that here? | | 21 | A | Yes. | | 22 | Q | And was that your primary residence since | | 23 | | February, 2020 or March, 2020? | | 24 | A | Yes. | | 25 | Q | A year ago I asked you if you owned any |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 73 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>72 | | 1 | interest in Golden Spring New York. I am asking you | | 2 | that again.<br>Do you own any interest in Golden | | 3 | Spring New York? | | 4 | A<br>No. | | 5 | Q<br>A year ago I asked you are you an officer of | | 6 | Golden Spring New York Limited. I'm asking you | | 7 | again.<br>Are you an officer of Golden Spring New York | | 8 | Limited? | | 9 | A<br>No. | | 10 | Q<br>A year ago I asked you why would Golden | | 11 | Spring pay Attorney Aaron, meaning Aaron Mitchell, | | 12 | on your behalf. | | 13 | I'm asking you again, why would Golden | | 14 | Spring pay Attorney Aaron Mitchell on your behalf? | | 15 | THE INTERPRETER:<br>He wants me to repeat the | | 16 | interpretation.<br>I'll do that for him. | | 17 | A<br>A loan.<br>A loan or borrowed money. | | 18 | Q<br>Why did they make you that loan? | | 19 | A<br>I have been borrowing from them all the time | | 20 | because I was a member of the family. | | 21 | Q<br>Did you ever have any of your loans from | | 22 | Golden Spring put in writing? | | 23 | A<br>Some have, some no. | | 24 | Q<br>Okay.<br>Which ones have been put in writing? | | 25 | A<br>I don't remember. |
| Case 22-50073 | Doc 404-7 | Filed 05/20/22<br>83 | Entered 05/20/22 11:52:18 | Page 74 of | |---------------|---------------------|----------------------------------|-----------------------------------------------------|------------| | | | Ho Wan Kwok - March 21, 2022 | | 73 | | 1 | Q | | How many loans have you had from Golden | | | 2 | Spring? | | | | | 3 | A | I don't remember. | | | | 4 | Q | | Were any of the loans that were put in | | | 5 | writing in English? | | | | | 6 | A | I don't remember. | | | | 7 | Q | | Were any of them in Chinese? | | | 8 | A | I don't remember. | | | | 9 | Q | | Did you ever pledge any security interest in | | | 10 | | exchange for any of these loans? | | | | 11 | A | (Indiscernible) | but I don't remember | | | 12 | (indiscernible). | | | | | 13 | | MR. BALDIGA: | Could you please repeat the | | | 14 | answer in English? | | | | | 15 | | THE INTERPRETER: | He said (indiscernible) | | | 16 | | yes, but I don't remember. | | | | 17 | Q | | If you don't remember how much -- if you | | | 18 | | | don't remember how many loans you took out, how are | | | 19 | | | you able to identify how much they -- you owe them | | | 20 | | on your bankruptcy schedules? | | | | 21 | A | I didn't quite get you. | | | | 22 | Q | | If you don't know how many times you took | | | 23 | | | out loans from Golden Spring, not all of which were | | | 24 | | | in writing, how do you know how much you owe them? | | | 25 | A | | My lawyer and the lawyer of Golden Spring | |
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| | Ho Wan Kwok - March 21, 2022<br>74 | |----|------------------------------------------------------| | 1 | they communicate with each other.<br>Tells me the | | 2 | amount they can define is 21 million. | | 3 | Q<br>So Golden Spring's lawyers helped prepare | | 4 | your bankruptcy petition?<br>Is that correct? | | 5 | MR. BALDIGA:<br>I'm sorry to interrupt. | | 6 | (Indiscernible)<br>two things. | | 7 | A<br>No. | | 8 | Q<br>So how did the information get from Golden | | 9 | Spring to your bankruptcy petition? | | 10 | MR. BALDIGA:<br>Objection to the question. | | 11 | THE INTERPRETER:<br>Sorry? | | 12 | MR. BALDIGA:<br>I object to the question. | | 13 | MR. WOLMAN: I'm just trying to figure out | | 14 | how this information he doesn't know wound up in his | | 15 | bankruptcy petition? | | 16 | MR. BALDIGA:<br>I think you heard the answer | | 17 | that his lawyer and Golden Spring's lawyer discussed | | 18 | it.<br>Do you have another question? | | 19 | Q<br>Yes.<br>How did you know that number was | | 20 | right? | | 21 | MR. BALDIGA:<br>Okay.<br>Let the interpreter go | | 22 | first and then ask another question, please. | | 23 | THE INTERPRETER:<br>Okay.<br>Go ahead. | | 24 | Q<br>How did you know that number was right? | | 25 | THE INTERPRETER:<br>Sorry?<br>Number of what? |
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| | Ho Wan Kwok - March 21, 2022<br>75 | |----|------------------------------------------------------| | 1 | Q<br>The number that was put into your bankruptcy | | 2 | petition for what you purportedly owe to Golden | | 3 | Spring, how did you know that was right? | | 4 | A<br>I believe the professionalism of my lawyers. | | 5 | They will review and check all the figures. | | 6 | MS. CLAIBORN:<br>This is Holley -- | | 7 | Q<br>Do you know the documents that were | | 8 | reviewed? | | 9 | MS. CLAIBORN:<br>I apologize for interrupting. | | 10 | MR. BALDIGA:<br>It's now 2 o'clock. | | 11 | MS. CLAIBORN:<br>I apologize for interrupting. | | 12 | It's Holley Claiborn. | | 13 | MR. WOLMAN:<br>Yes, thank you for | | 14 | filibustering to use up the time.<br>Appreciate it. | | 15 | MR. BALDIGA:<br>I'm sorry. Who was that | | 16 | addressed to?<br>That's quite an inappropriate | | 17 | comment. | | 18 | MR. WOLMAN:<br>You. That was me addressing | | 19 | that to you. | | 20 | MS. CLAIBORN:<br>I'd like to talk about -- | | 21 | MR. BALDIGA:<br>Okay -- | | 22 | MS. CLAIBORN:<br>-- the next date.<br>I was | | 23 | going to suggest that we reconvene April 4th at | | 24 | 10:00 a.m. in person at the U.S. Trustee's Office in | | 25 | New Haven. |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 77 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>76 | | 1 | Mr. BALDIGA:<br>We'll look at schedules. I can | | 2 | start to do that if you give me a second. | | 3 | MS. CLAIBORN:<br>Bin, could you please | | 4 | translate that? | | 5 | THE INTERPRETER:<br>I will double check with | | 6 | you whether you still need me on the line for a | | 7 | second or you want me to log off? | | 8 | MS. CLAIBORN:<br>If you can continue on just | | 9 | for a second.<br>We need to pick a new date, so I need | | 10 | you to translate that so the debtor understands. | | 11 | THE INTERPRETER:<br>Okay. | | 12 | MR. BALDIGA:<br>I'm sorry.<br>Was the request -- | | 13 | I'm sorry.<br>Was the request -- I'm just trying to | | 14 | make sure I heard it -- April 4 at 10 o'clock in | | 15 | Bridgeport? | | 16 | MS. CLAIBORN:<br>April 4, 10 o'clock in New | | 17 | Haven at the U.S. Trustee's Office. | | 18 | MR. BALDIGA:<br>Okay.<br>We'll be back to you | | 19 | very quick on that. | | 20 | MS. CLAIBORN:<br>I actually need an answer on | | 21 | that right now because we need to be able to notify | | 22 | creditors and I want everyone to know before we | | 23 | conclude today. | | 24 | MR. BALDIGA:<br>Okay. I'll put you on hold. | | 25 | MR. HARBACH:<br>Ms. Claiborn, this is David |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 78 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>77 | | 1 | Harbach.<br>I'm afraid that that day will not work for | | 2 | us? | | 3 | MS. CLAIBORN:<br>Mr. Harbach, is that you? | | 4 | MR. HARBACH:<br>Yes, ma'am.<br>And I was just | | 5 | about to say that I can do Wednesday, the 6th, or | | 6 | any day after that.<br>But I cannot do the 4th or the | | 7 | 5th. | | 8 | MS. CLAIBORN:<br>How about Friday, April 8th? | | 9 | MR. HARBACH:<br>I can do that.<br>This is David. | | 10 | I can do that. | | 11 | MR. WOLMAN:<br>This is Jay Wolman.<br>I can do | | 12 | that. | | 13 | MS. CLAIBORN:<br>Attorney Baldiga, can you | | 14 | check on April 8th, please? | | 15 | (Pause.) | | 16 | MR. HARBACH:<br>Holley, this is Dave Harbach | | 17 | again.<br>Just anticipating that they're coming back | | 18 | (indiscernible).<br>I could also do it (indiscernible) | | 19 | for whatever it's worth.<br>I could also do it on the | | 20 | 28th, 29 or 30 of March as well, if that's better. | | 21 | MR. BALDIGA:<br>This is Bill Baldiga.<br>The 7th | | 22 | and 8th are Buddhist holidays so for religious | | 23 | reasons Mr. Kwok can't do it those days.<br>We'll | | 24 | clear the 4th. I'm sure there are some | | 25 | (indiscernible). I'm wondering who could make it. |
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| | Ho Wan Kwok - March 21, 2022<br>78 | |----|------------------------------------------------------| | 1 | MS. CLAIBORN:<br>How about March 28th, next | | 2 | Monday? | | 3 | MR. HARBACH:<br>Holley, I didn't get the | | 4 | second part of what you said about the 28th. | | 5 | MS. CLAIBORN:<br>I only offered the 28th as a | | 6 | new date. | | 7 | MR. BALDIGA:<br>This is Bill Baldiga.<br>28, 29 | | 8 | and 30 Mr. Kwok has a medical issue that he | | 9 | (indiscernible)<br>during those days. | | 10 | MS. CLAIBORN:<br>How about Friday, April 15th? | | 11 | MR. HARBACH:<br>This is David Harbach.<br>That's | | 12 | good by us. | | 13 | MR. BALDIGA:<br>It's Good Friday.<br>Good Friday | | 14 | for me and Passover for many. | | 15 | Can I suggest (indiscernible)? | | 16 | MS. CLAIBORN:<br>I didn't hear your | | 17 | suggestion. I'm sorry. | | 18 | MR. BALDIGA:<br>I respectfully ask that we go | | 19 | back to April 4.<br>One lawyer among a dozen and one | | 20 | creditor should not -- | | 21 | MR. WOLMAN:<br>This is Jay Wolman. I already | | 22 | have something for that day as well. | | 23 | MR. BALDIGA:<br>I know, but there are | | 24 | (indiscernible)<br>-- | | 25 | MR. WOLMAN:<br>Two lawyers, including myself, |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 80 of<br>83 | | | | |---------------|------------------------------------------------------------------------------|--|--|--| | | Ho Wan Kwok - March 21, 2022<br>79 | | | | | 1 | who is in the middle of questioning. | | | | | 2 | MR. BALDIGA:<br>All right. We'll keep looking | | | | | 3 | then. | | | | | 4 | MS. CLAIBORN:<br>Does April 6th work? | | | | | 5 | MR. WOLMAN:<br>What was that date? | | | | | 6 | MS. CLAIBORN:<br>April 6th? | | | | | 7 | MR. HARBACH:<br>This is David Harbach. I can | | | | | 8 | do April 6th. | | | | | 9 | MR. BALDIGA:<br>The debtor can as well. | | | | | 10 | UNIDENTIFIED:<br>As can I. | | | | | 11 | MS. CLAIBORN:<br>Okay. I'm going to mark April | | | | | 12 | 6th 10:00 a.m.<br>It's in person.<br>The U.S. Trustee's | | | | | 13 | Office in New Haven. | | | | | 14 | Please allow for time to go through | | | | | 15 | security. I'd like to start at 10:00. | | | | | 16 | MR. BALDIGA:<br>Could I ask how much time | | | | | 17 | would you reserve on that day, including with the | | | | | 18 | interpreter, just so we can plan? | | | | | 19 | MS. CLAIBORN:<br>I think you should plan for | | | | | 20 | the whole day but I will have to follow up and get | | | | | 21 | an understanding about an interpreter and I don't | | | | | 22 | have that at my fingertips right now. | | | | | 23 | MR. BALDIGA:<br>Okay.<br>Would that be 5 | | | | | 24 | o'clock? | | | | | 25 | I guess we can go off the record as we | | | |
| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>Page 81 of<br>83 | |---------------|------------------------------------------------------------------------------| | | Ho Wan Kwok - March 21, 2022<br>80 | | 1 | finish this.<br>It's up to you, obviously. | | 2 | MS. CLAIBORN:<br>Okay.<br>I think we're | | 3 | concluded for purposes of Bin's translation services | | 4 | for today. | | 5 | THE INTERPRETER:<br>Thank you. | | 6 | MS. CLAIBORN:<br>Thank you very much, Bin. | | 7 | THE INTERPRETER:<br>Have a nice day. | | 8 | MS. CLAIBORN:<br>Thank you. | | 9 | I'm going to stop the recording, but we can | | 10 | stay on the line.<br>I'm going to stop the recording. | | 11 | Thank you. | | 12 | (Meeting adjourned.) | | 13 | | | 14 | | | 15 | | | 16 | | | 17 | | | 18 | | | 19 | | | 20 | | | 21 | | | 22 | | | 23 | | | 24 | |
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| Case 22-50073 | Doc 404-7<br>Filed 05/20/22<br>Entered 05/20/22 11:52:18<br>83 | Page 83 of | |---------------|----------------------------------------------------------------|------------| | | Ho Wan Kwok - March 21, 2022 | 82 | | 1 | INDEX | | | 2 | | | | 3 | HO WAN KWOK | Page | | 4 | Examination by Ms. Claiborn | 14 | | 5 | Examination by Mr. Wolman | 58 | | 6 | | | | 7 | | | | 8 | | | | 9 | | | | 10 | | | | 11 | | | | 12 | | | | 13 | | | | 14 | | | | 15 | | | | 16 | | | | 17 | | | | 18 | | | | 19 | | | | 20 | | | | 21 | | | | 22 | | | | 23 | | | | 24 | | | | 25 | | |