Guo Wengui / Miles Guo — bankruptcy case · EXHIBIT · ECF #404-7

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

APPEARANCES:

For the Debtor: WILLIAM R. BALDIGA, ESQ. BEN SILVERBERG, ESQ. URI PINELO, ESQ.

For the U.S. Trustee: HOLLEY E. CLAIBORN, ESQ.

Creditor: JAY MARSHALL WOLMAN, ESQ.

LP, Creditors: DAVID V. HARBACH, II, ESQ.

STUART SARNOFF, ESQ. LAURA ARONSSON, ESQ. CRAIG McALLISTER, ESQ.

Creditors: LILLIAN GRINNELL, ESQ.

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

1 MS. CLAIBORN:

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.

21 For purposes of speeding this up on the 22 record we have appearances today by Jay Wolman, on 23 behalf of Logan Cheng.

24 David Harbach, Stuart Sarnoff, Mia Gonzalez, Laura

1 Aronsson, Craig McAllister and Mackenzie Russo, all

2 on behalf of Pacific Alliance.

3 Rui Ma, Bruno Wu and Weican Meng, we have Karen 4 Warshauer, a paralegal at McElroy. 5 THE INTERPRETER:

6 those names at once. 7 MS. CLAIBORN:

8 of the names for the Pacific Alliance? 9 THE INTERPRETER:

10 a repeat of the pronunciation. No translation. 11 MS. CLAIBORN: Thank you.

12 not have their phone on mute, could you please put 13 it on mute? Thank you. 14 Okay.

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:

21 MS. CLAIBORN:

22 translation. 23 MS. GRINNELL:

24 the firm Wolf Haldenstein Adler Freeman and Herz and

1 THE INTERPRETER: Sorry.

2 cannot hear you clearly. 3 MS. GRINNELL:

4 has been kind of off. Can you hear me now? 5 THE INTERPRETER: Yes. 6 MS. GRINNELL: Okay.

7 said. 8 My name is Lillian Grinnell.

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:

13 I could not get them. 14 MS. GRINNELL: I'll spell them. 15 I'll start with the creditor's names.

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. 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.

23 then the second name is S-H-E-N.

24 is R-A-P-H-A-N-E-L-L-A. 25 THE INTERPRETER:

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

1 I accept your apology for that inference. 2 MS. CLAIBORN:

3 that a in minute. 4 MR. HARBACH: Okay.

5 whether I should apologize, but can we inquire then 6 who made the outburst?

7 attempting to clarify and so are we.

8 inference. 9 THE INTERPRETER:

10 you requested.

11 few words -- with sentences.

12 not get those sentences.

13 to clarify who talked and what those words are, but 14 nobody picked up the interpreter's question. 15 MS. CLAIBORN: This is Holley Claiborn. 16 Could the person who spoke up please answer the 17 interpreter's question and identify themselves? 18 THE INTERPRETER: Sorry about that.

19 now it was it was just a video tape. It was not 20 someone talked. 21 MR. BALDIGA: This is Bill Baldiga. 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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1 Thank you. 2 UNIDENTIFIED:

3 Mr. Kwok's video just now. 4 MS. CLAIBORN:

5 spoke identify themselves? 6 THE INTERPRETER:

7 clarify.

9 MR. YAN:

10 Mr. Kwok's creditors. 11 MR. BALDIGA:

12 please? Could we obtain the spelling of that name 13 please? 14 MR. YAN:

15 India, N, as in Nancy, G as in George, Y as in Yes, 16 U as in umbrella.

17 in Nancy. 18 MR. BALDIGA:

19 again.

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: I'm trying to get there. 24 That was my -- okay. 25 Is anyone else on the line?

1 the line, and you could please identify yourself? 2 MR. GREIF: Hello.

3 G-R-E-I-F. 4 MR. WARREN:

5 Myers. 6 MR. JALBERT:

7 (indiscernible). 8 INDISCERNIBLE:

9 Robinson and Cole. 10 INDISCERNIBLE:

11 Stroock, Stroock and Lavan. 12 MS. DEERING:

13 Rudnick. 14 MS. CLAIBORN:

15 again. Thank you all for putting your appearances on 16 the record.

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: Yes.

21 I'm sorry. I missed what was just said. 22 MS. CLAIBORN:

23 ahead, please?

24 please? 25 MR. BALDIGA: Yes. Thank you.

our offices at 7 Times Square in New York. And can you please state the name, Mr. Baldiga, of who is present with you?

MS. CLAIBORN:

state the names of the people who are with you? MR. BALDIGA: Ben Silverberg and Uri Pinelo. MS. CLAIBORN: Okay.

I heard earlier are Una Menye (ph), who is an interpreter, and Attorney Aaron Mitchell. MR. BALDIGA: That's right. Yes. Ms. CLAIBORN:

Mr. Kwok and I would ask everyone to put their phones on mute.

MS. CLAIBORN: Mr. Kwok, as you know, today's

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

1 answer the questions, and should you do so, I will 2 ask the official interpreter to translate that 3 discussion. 4 THE INTERPRETER: Sorry.

5 repeat? 6 MS. CLAIBORN:

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:

11 interpreter. 12 MS. CLAIBORN:

13 instruction for Mr. Kwok. 14 MR. BALDIGA: This is Bill Baldiga.

16 MS. CLAIBORN:

17 wait for Bin to interpret that instruction for me 18 and then you can make your comment. 19 MR. BALDIGA: Two things.

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

tell you that so that you do know if there is a

further conversation. MS. CLAIBORN: Thank you.

EXAMINATION BY MS. CLAIBORN:

Mr. Kwok, can you please explain the reason to file your Chapter 11 bankruptcy case? UNIDENTIFIED: Sorry?

Mr. Kwok, please explain the reasons behind your decision to file your Chapter 11 bankruptcy case? MR. HARBACH: This is David Harbach.

having trouble understanding you again. MS. CLAIBORN: I apologize.

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. Does yelling improve your ability to hear me? MR. HARBACH:

understand your questions because they're so muffled. It's not volume, it's diction, if I may be blunt. MS. CLAIBORN: I will try to speak slowly. Is that any better? MR. BALDIGA: It seems to be, yes.

you.

Okay. We're going to try this again.

4 reasons behind filing your Chapter 11 bankruptcy 5 case?

I cannot understand you.

7 you mean by filing Chapter 11 of bank.

Mr. Kwok, why did you file your bankruptcy 9 case? 10 THE INTERPRETER:

11 to clarify the word he said.

I'm not filing any bankruptcy certificate.

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?

19 bankruptcy, right?

Yes.

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.

25 without any choices -- so I filed bankruptcy

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1 application at Connecticut state and Chapter 11.

Mr. Kwok, when was the first time you spoke 3 with a lawyer about filing a bankruptcy case? 4 MR. BALDIGA:

5 approximate date. Not the substance of the advice.

Approximately 12, 13.

8 year?

It was February the 12th of 2002.

Did you say 2002 or 2021?

2022. February the 12th or 13.

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?

Hold on a second. I'll ask the lawyer to get 18 it and I'll take a look. 19 MR. BALDIGA: This is Bill Baldiga.

20 with us the petition with the electronic signature 21 as filed.

22 the handwritten signature.

23 it, we could get it at a break.

25 document that your counsel has, which is the

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?

Please hold on one second.

5 look. 6 MR. BALDIGA:

7 please. I want to hear the translation of what you 8 said.

10 MR. BALDIGA:

11 us? 12 MS. CLAIBORN: Bin, are you on the line?

14 Bin, are you there?

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: That's okay.

20 short break? 21 MS. CLAIBORN:

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: Thank you very much.

1 MS. CLAIBORN:

2 after a short break due to some technical 3 difficulties. 4 BY MS. CLAIBORN:

The pending question was asking Mr. Kwok to 6 confirm that he signed the bankruptcy petition that 7 was filed at ECF 1.

I have finished looking at it, yes.

Mr. Kwok, did you read and understand the 10 bankruptcy petition and information it contains 11 before you signed it?

Yes, I understood.

Mr. Kwok, was the petition translated into 14 another language for you before you signed it?

Yes, it was translated into Chinese for me.

Who translated the bankruptcy petition?

My lawyer did.

19 speaks Chinese. 20 So who was the company or the person that 21 you used to translate the petition for you?

I don't know.

24 bankruptcy petition true and accurate to the best of 25 your knowledge?

Yes, it is accurate and true.

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:

6 repeat?

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?

The document in my hand.

14 by me.

And are you looking at ECF no. 79?

Yes.

Mr. Kwok, was the declaration that was filed 18 at ECF 79 translated into another language for you 19 before you signed it?

Yes.

What language was it translated into?

Chinese.

24 translation of ECF no. 79?

25 A Yes.

And who was that person who translated ECF 2 79 into Chinese for you?

The lawyer.

Can you tell me the name of the lawyer?

Bill. 6 MR. BALDIGA: This is Bill Baldiga.

7 witness is not distinguishing between what I did 8 personally and what we had commissioned, to help 9 clarify. I do not obviously do translations myself. 10 MS. CLAIBORN:

11 tell me the name of the translation person who 12 worked for you or the name of the company? 13 MR. BALDIGA:

14 have it here.

Mr. Kwok, did you read and understand the 16 declaration filed at ECF no. 79 before you signed 17 it?

Yes, understood.

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.

83 Entered 05/20/22 11:52:18 Page 22 of

1 Mr. Kwok, were your bankruptcy schedules 2 translated for you?

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?

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.

Yes.

14 preparation of your bankruptcy schedules?

The lawyer. 16 Q Mr. Kwok, can you tell me which lawyers 17 helped you?

Bill. 19 Q Mr. Kwok, are you referring to Attorney 20 Baldiga?

Yes. 22 Q Mr. Kwok, did any other lawyers help you in 23 preparing your bankruptcy schedules?

Yes. 25 Q Can you please tell me the names of the

1 other lawyers who assisted you?

3 cannot read English well. 4 MR. BALDIGA:

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.

Mr. Kwok, did any lawyer help you prepare 11 your schedules who is not a lawyer at Brown Rudnick? 12 MR. BALDIGA:

13 Mr. Kwok for one second. I'm just going to put you 14 on mute for one second. 15 MS. CLAIBORN:

16 question before you have your conference, Mr. 17 Baldiga.

Because the whole bankruptcy application, 19 the whole stuff was arranged by this lawyer.

20 don't know all the other details. 21 MS. CLAIBORN:

22 your client? 23 MR. BALDIGA: 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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1 is the opportunity to exam him, so you can obviously 2 ask that but we don't want to be misleading.

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?

Yes.

Who did you speak with?

Another law firm called Ari and my personal 9 lawyer (indiscernible).

What is the name of your personal lawyer? 11 MR. BALDIGA:

12 able to answer that question? 13 MS. CLAIBORN: Go ahead. 14 MR. BALDIGA:

15 confer, please? 16 MS. CLAIBORN: Yes.

18 MR. BALDIGA: Thank you.

Mr. Kwok, what is the name of your personal 20 lawyer?

Ari (indiscernible).

Mr. Kwok do I understand correctly that you 23 discussed your bankruptcy schedules with Guy 24 Petrillo and Aaron Mitchell?

Yes.

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Mr. Kwok, did you discuss your bankruptcy

2 schedules with any other lawyers that you haven't 3 yet told me about today?

I don't remember.

Mr. Kwok, are there any errors or omissions 6 in your bankruptcy schedules?

I don't see anything like that now.

Mr. Kwok, is everything in your bankruptcy 9 schedules true and accurate to the best of your 10 knowledge?

Yes.

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?

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?

Yes.

25 affairs translated for you before you signed it?

83 Entered 05/20/22 11:52:18 Page 26 of

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.

14 Q Mr. Kwok, would you please answer the 15 question? 16 MR. BALDIGA: I'm sorry.

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

83 Entered 05/20/22 11:52:18 Page 27 of

1 your knowledge? 2 A Yes.

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

1 statement of financial affairs?

No.

4 United States?

Nearly seven years. 6 MR. HARBACH: This is David Harbach.

7 didn't get the translation of the answer. 8 MS. CLAIBORN:

9 your translation. 10 THE INTERPRETER: Nearly 7 years.

Mr. Kwok, do you still live at the Taconic 12 Road property in Greenwich?

Yes.

Who owns that property in Greenwich?

My wife.

Your bankruptcy documents refer to a company 17 called Greenwich Land, LLC. Who owns that company?

My wife.

What is your wife's name?

21 MS. CLAIBORN:

22 translate that for me into a spelling? 23 THE INTERPRETER:

24 him which Chinese characters are, then I can spell 25 it for you.

83 Entered 05/20/22 11:52:18 Page 29 of

1 A My wife's name is read at (indiscernible) 2 but she's from -- she's from Hong Kong.

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?

My wife knows. 2 MR. HARBACH:

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. Could that please be repeated? 7 THE INTERPRETER:

8 cannot hear you clearly. 9 MS. CLAIBORN:

10 question again. 11 MR. HARBACH: Thank you.

How much was the Taconic Road property in 13 Greenwich purchased for?

15 million to 5 million.

17 property on Taconic Road in Greenwich?

I don't know the specific time.

Do you know the year?

2019 or 2020. I don't remember clearly.

22 MS. CLAIBORN:

23 identify themselves? 24 MR. BALDIGA: Excuse me just for one second. 25 We may have a translation issue.

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?

1 THE INTERPRETER: Are you what?

Are you currently employed by anyone or any 3 company?

No.

Mr. Kwok, have you had any employment or any 6 job with an employer since you started living in the 7 United States?

I don't remember clearly.

9 clearly but approximately in 2015 at Golden Spring I 10 worked for some time.

11 of salary I left and nothing else.

What work did you do for Golden Spring in 13 2015?

I don't remember quite clearly but it seems

17 remember clearly.

19 Golden Spring? 20 MR. BALDIGA:

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. We may.

25 MR. BALDIGA:

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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.

5 Golden Spring?

I don't remember clearly.

Mr. Kwok, when you say Golden Spring, are 8 you referring to the company known as Golden Spring, 9 New York, Limited?

Yes.

Mr. Kwok, did you get paid for any of the 12 work that you for Golden Spring?

Yes.

How much were you paid?

16 specifically.

Mr. Kwok, did you receive a paycheck from 18 your work at Golden Spring?

I should have but I don't remember clearly 20 specifically.

22 were paid by Golden Spring into a bank account?

24 account at Morgan Stanley.

Mr. Kwok, are you saying that you had a bank

1 account at Morgan Stanley?

Yes, once I had.

Do you still have a bank account at Morgan 4 Stanley?

No.

When did you close your accounts at Morgan 7 Stanley?

9 Chinese Communist Party stated chasing me and

me.

11 closed. 12 MR. BALDIGA: Hold on.

13 mistranslation there.

15 MR. BALDIGA:

16 mistranslation was just the interpretation of the 17 word. But here the entire crux of the answer was 18 left out. And I'm not sure what happened. 19 MS. CLAIBORN:

20 question. We can try again. 21 MR. BALDIGA:

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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1 PACS and Bruno Wu, or was there a sound issue, or

2 what happened?

4 MS. CLAIBORN:

5 MR. KWOK:

6 Airlines and also Chinese Communist party, they all 7 chased me and wanted to kill me.

9 closed. 10 PAC, PACS.

11 are present today at today's meeting. 12 MR. BALDIGA:

13 the entirety of what Mr. Kwok said.

14 small part of what he said, obviously.

15 what he said but that's much shorter.

17 THE INTERPRETER:

19 can maintain the integrity of his meaning. 20 MR. KWOK:

21 one of the major creditors.

22 (indiscernible).

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. So since that day when all the -- all the

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: This is David Harbach.

5 could you please repeat that? 6 THE INTERPRETER: Sorry? 7 MR. HARBACH: This is David Harbach.

8 just translated an answer that began with since that 9 day. Can you please repeat the answer in English? 10 THE INTERPRETER:

11 people who are representatives of Chinese Communist 12 Party, since that day I lost all my bank accounts. 13 BY MS. CLAIBORN:

15 Morgan Stanley account when you closed it?

Yes.

And where did you move that money to?

Nobody bothered looking at me again since 19 the account was closed.

Mr. Kwok, my question is where did you move 21 the money to? 22 MR. BALDIGA:

23 sorry. 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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1 happened to it?

2 way and you may get a more full answer?

Mr. Kwok, did you or someone acting on your 4 behalf close the Morgan Stanley account?

The Communist Party, Bruno Wu and also the 6 (indiscernible).

7 party.

Mr. Kwok, was the Morgan Stanley account in 9 the United States?

Yes.

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:

15 question, the interpretation of the question.

18 Party, like what's happening today. The same thing.

happened on me. 20 MR. BALDIGA:

21 that you ask whether Morgan Stanley closed the 22 account, just so we could be more efficient here?

24 Morgan Stanley? 25 THE INTERPRETER: Sorry?

2 Morgan Stanley? 3 THE INTERPRETER:

4 quite get the question actually.

6 account at Morgan Stanley?

No.

9 Stanley to close your account?

No.

12 bank account at Morgan Stanley was closed?

Morgan Stanley notified me that I was on the 14 wanted list of the Chinese government.

15 Bruno Wu who was representing (indiscernible)

16 on the wanted list so the account was closed.

18 account, what happened to the money in the account? 19 MR. HARBACH:

20 Harbach. I'm sorry. I missed the second half of that 21 question.

22 and then I lost you.

I'll repeat my question. 24 Mr. Kwok, when Morgan Stanley closed the 25 bank account, what happened to the money in the bank

1 account?

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.

6 don't know really.

8 MR. BALDIGA:

9 MS. CLAIBORN: Yes, Mr. Baldiga? 10 MR. BALDIGA:

11 it would be helpful -- I don't want to interrupt 12 your flow of questions, if we took a break pretty 13 soon. 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:

20 Morgan Chase.

21 confused with Morgan Stanley or JP Morgan Chase.

23 whatever it is you're calling it, be it JP Morgan 24 Chase or Morgan Stanley?

1 account.

3 approximately when it was closed?

A few thousand U.S. dollars. 5 MR. HARBACH:

6 the English, please? 7 MS. CLAIBORN:

8 the answer?

10 MS. CLAIBORN:

11 the answer? 12 MR. HARBACH:

13 missed the translation before the word thousand. I 14 did not hear the number.

15 it? 16 THE INTERPRETER:

17 U.S. dollars.

19 dollars, can you give me an idea of what you mean? 20 Was it under \$10,000?

I don't remember.

Mr. Kwok, a few minutes ago you testified 23 that you were working for Golden Spring developing 24 investment opportunities. Can you explain more? 25 THE INTERPRETER: Sorry?

1 MS. CLAIBORN:

2 question. I apologize. I'll try again.

Mr. Kwok, a few minutes ago you testified 4 that you were working for Golden Spring developing 5 investment opportunities.

6 what you mean by that?

I don't remember.

9 were you working in the United States?

Yes.

When you were working with Golden Spring did 12 you have a job title?

I don't remember.

When you were working for Golden Spring, did 15 you do any other work aside from developing 16 investment opportunities?

Communist Party of China.

Can you please explain that?

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.

23 target and my work.

Mr. Kwok, do you currently have any source

25 of income?

1 THE INTERPRETER: I didn't get you.

2 you please repeat?

Mr. Kwok, do you currently have a source of 4 income?

No.

Mr. Kwok, have you filed your tax returns 7 for the year 2021 with the Internal Revenue Service 8 in the United States?

No.

Mr. Kwok, have you filed any tax returns in 11 states for the tax year 2021? 12 THE INTERPRETER: Sorry?

14 states for the tax year 2021?

No.

What tax returns will you need to file for 17 what states for the year 2021?

Individual tax file in Connecticut.

20 State of New York for the year 2021?

No.

23 office tax returns for the years 2019 and 2020.

24 those tax returns the same as the tax returns you 25 filed with the Internal Revenue Service in the State

Case 22-50073 Doc 404-7 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 43 of

1 of New York?

2 THE INTERPRETER: Sorry, the date of what? 3 MS. CLAIBORN: 2019 and 2020. 4 THE INTERPRETER: Yes, I got that.

5 the later part? 6 MS. CLAIBORN: The State of New York.

No, I filed them in Connecticut, 2020.

for 2019 and 2020. 10 2020 I filed in Connecticut. 11 MR. BALDIGA:

12 soon? 13 MS. CLAIBORN:

14 suggest that we can't really take a break because we 15 only have the interpreter until 2:00.

16 it needs to be a very, very short one. 17 MR. BALDIGA: Okay. Five minutes? 18 MS. CLAIBORN:

19 question before we do that.

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: The what?

25 word.

1 MS. CLAIBORN: Authorities.

3 THE INTERPRETER: Could you please repeat? 4 Sorry.

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?

Yes.

13 MR. BALDIGA: I want to clarify.

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: Thank you.

22 interest income only and no other source of income. 23 Did you have any other source of income in 2020?

No. 25 MS. CLAIBORN:

Case 22-50073 Doc 404-7 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 45 of

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.

4 put your phones on hold. 5 We will reconvene at 12:35. Thank you.

7 MS. CLAIBORN: Okay.

8 record after a short break. 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.

83 Entered 05/20/22 11:52:18 Page 46 of

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.

13 MR. BALDIGA: I'm not sure that was -- 14 MS. CLAIBORN: Let me just try again.

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.

1 THE INTERPRETER: Is it 54 or 64?

2 4? 3 MS. CLAIBORN: 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?

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:

20 your translation. 21 THE INTERPRETER:

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?

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.

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.

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

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?

I don't know what you mean by they pay me. 5 In what regard?

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?

10 give you money? Do they pay other people directly? 11 How does it work?

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.

Who are the owners of Golden Spring? 16 MR. HARBACH:

17 missed the end of that question. I talk to my son 18 and he -- that answer.

19 he and then I lost it.

20 English again? 21 THE INTERPRETER:

22 gentleman? 23 MS. CLAIBORN:

24 you could repeat the translation of Mr. Kwok's 25 answer about how the money flows from Golden Spring.

2 interpretation. 3 When I need expenses for my basic living I 4 tell my son.

6 Spring?

My son.

Are there any owners of Golden Spring other 9 than your son?

No.

Mr. Kwok, have you ever owned an interest in 12 Golden Spring?

No.

Who are the officers and directors of Golden 15 Spring? 16 MR. BALDIGA: 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.

20 not on a line like this where it's open to the 21 public and who else knows. 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

1 with the witness? 2 MS. CLAIBORN: Yes.

4 MR. BALDIGA: 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. 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.

MS. CLAIBORN:

Mr. Kwok, as of today, who are the officers 16 of Golden Spring?

I'm going to repeat that name so everyone 19 understands what I thought I heard.

20 was Yan Ping, also known as Yvonne Wang.

21 accurate?

Yes.

Is Yvonne Wang the only officer of Golden 24 Spring?

I don't know.

As of today, who are the directors of Golden 2 Spring?

I don't know.

Mr. Kwok, have you ever been an officer or a 5 direct or Golden Spring?

I don't remember.

Mr. Kwok, who is Max Krazner?

I don't know. I don't know. 9 THE INTERPRETER:

10 the name again?

Mr. Kwok, who is Max Krazner?

13 Mr. Kwok, can you please answer? 14 MR. BALDIGA:

15 witness for one second. Hold on please? 16 MS. CLAIBORN:

17 he would answer the question before you make a 18 confer.

20 MR. BALDIGA:

21 opportunity. The witness could answer.

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.

25 Max only I know Max.

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: 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.

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?

I was not involved in the management so I 2 don't know.

If Golden Spring gives you money, does it 4 come through Max Krazner's efforts?

5 make that happen?

I don't know.

7 person.

9 Spring how do you get money?

10 form of cash or something else?

From my son and (indiscernible). 12 MS. CLAIBORN: I'm sorry, Bin.

13 understand your translation.

14 again? 15 THE INTERPRETER:

16 (indiscernible).

My question was how do you get money from 18 your son?

19 other form?

I don't understand what you mean by how, the 21 word how. I never get money directly from them.

If you don't get money directly from your 23 son, how do you get the money from your son?

24 does it go?

1 cards.

2 pay my expenses for me.

3 get any cash from them. And also I don't have bank 4 account. Any bank accounts.

6 card that was taken out by Golden Spring? 7 MR. BALDIGA:

8 sorry. I think there was a translation issue with 9 the prior question.

10 be sure that the witness understood the question 11 correctly? Hold on for one second.

12 put it on mute.

14 MR. BALDIGA:

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.

21 card or a debit card provided to you by or through 22 Golden Spring?

No.

Mr. Kwok, are you obligated to pay Golden 25 Spring back for the monies that it pays on your

1 behalf for your living expenses?

No. No need. 3 MS. CLAIBORN:

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:

15 the record.

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. Thank you. Case 22-50073 Doc 404-7 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 57 of

1 MS. CLAIBORN:

2 wish to inquire or examine of the debtor? 3 MR. HARBACH: Yes.

4 for PACS.

5 some questions.

6 now or if there are others who would like to ask 7 questions that's fine. However you want to proceed. 8 But we obviously will not finish before 2 o'clock 9 either. 10 THE INTERPRETER: I cannot hear you clearly. 11 MR. HARBACH:

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:

18 please? 19 THE INTERPRETER:

20 get him completely. 21 MS. CLAIBORN:

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:

25 move to see if this is any better.

1 a little better now? 2 THE INTERPRETER: Not really. No, sorry. 3 MR. HARBACH: Not really.

4 you what.

5 try dialing in with a phone.

6 okay? 7 MS. CLAIBORN: Yes. 8 MR. BALDIGA:

9 dialogue for Mr. Kwok, please, so he knows that.

11 MR. HARBACH: Hello? 12 MS. CLAIBORN: Hello.

13 Claiborn. 14 MR. HARBACH:

15 just wanted to know if you could hear me better. 16 MS. CLAIBORN: Much better.

17 hear Mr. Harbach? 18 THE INTERPRETER: Yes, I can hear him now. 19 Thank you. 20 MS. CLAIBORN: Go ahead, Mr. Harbach. 21 MR. HARBACH:

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

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:

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:

9 to ask some questions now. 10 THE INTERPRETER:

11 name. 12 MR. WOLMAN: Jay Wolman, and I represent 13 Logan Chang. 14 EXAMINATION BY MR. WOLMAN:

Good afternoon, Mr. Kwok. 16 Do you remember that I took your deposition 17 about a year ago?

19 THE INTERPRETER:

20 in the background.

I have too many depositions.

22 remember specifically.

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.

1 understand that? 2 THE INTERPRETER: You and your wife what? 3 Sorry.

5 Amendment of the U.S. Constitution.

6 that? 7 MR. BALDIGA: We have a translation issue. 8 Hold on for one second, please.

10 MR. BALDIGA:

11 hearing this translation.

12 understand is do you remember having invoked the 13 Fifth Amendment privilege at a prior deposition. 14 That's what we are hearing.

15 interpreter for Mr. Kwok in that way please? 16 THE INTERPRETER:

17 question again. 18 MR. WOLMAN: Sure.

20 invoking the Fifth Amendment of the U.S. 21 Constitution? 22 THE INTERPRETER:

23 clearly.

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

Case 22-50073 Doc 404-7 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 62 of

1 you to hear the words in English and translate them, 2 ma'am. 3 THE INTERPRETER: Okay.

4 speak slowly?

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: Invoke or evoke? 10 MR. WOLMAN: Invoke, I-N-V-O-K-E. 11 Okay, we still have an issue. 12 UNIDENTIFIED: Hold on. 13 UNIDENTIFIED: Did someone just drop out? 14 MS. CLAIBORN: Bin, are you there?

15 Holley. 16 MR. WOLMAN: Bin? 17 MS. CLAIBORN: Bin, are you there? 18 THE INTERPRETER: Hello. 19 MS. CLAIBORN: Bin, this is Holley Claiborn. 20 THE INTERPRETER: Okay. I'm back. 21 MS. CLAIBORN: Okay. 22 THE INTERPRETER:

23 happened. 24 MS. CLAIBORN: Go ahead. 25 MR. BALDIGA:

1 not sure what's going on.

2 us or not? 3 THE INTERPRETER:

4 here now. 5 MR. BALDIGA: Okay. 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.

9 -- I'd like you to interpret it.

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:

13 client to repeat what he just said? 14 MR. BALDIGA:

15 THE INTERPRETER:

16 him to repeat what he said because just now all of a

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.

1 MR. KWOK:

2 use any kind of law or what? 3 MR. WOLMAN:

4 sort. 5 MR. BALDIGA:

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:

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: Is there a question? 14 MR. WOLMAN:

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:

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.

24 that piecemeal. 25 THE INTERPRETER: Okay.

1 MR. BALDIGA:

2 MR. WOLMAN:

3 of that and we'll take this in small pieces.

4 Bin, please translate that for the witness because 5 he has to hear everything.

7 THE INTERPRETER: Yes. 8 MR. WOLMAN: Thank you. 9 BY MR. WOLMAN:

A year ago I asked you are you employed.

12 THE INTERPRETER: I asked you what? Sorry.

Are you employed? 14 There's a lot of background noise.

15 knock that off, please. 16 A year ago I asked you are you employed? 17 THE INTERPRETER: You employed?

A year ago I asked you are you employed? 19 Your answer was I have always been a consultant for

21 THE INTERPRETER: Sorry.

22 you are you employed? The answer is what?

I have always been the consultant for a lot

25 THE INTERPRETER:

And my current employment is the -- I am in

2 the broadcasting and to take down the Chinese 3 Communist Party.

4 then asked you how much do you get paid for that. 5 I'm re-asking that question now.

6 do you get paid for that? 7 THE INTERPRETER:

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?

11 after is.

Your answer was I always been the consultant 13 for a lot of companies and my current employment is 14 the -- he paused.

15 THE INTERPRETER: Is what? Sorry?

17 THE INTERPRETER: Sorry.

I am in the broadcasting and to take down 19 the Chinese Communist Party.

20 revolution.

21 THE INTERPRETER:

23 MR. WOLMAN: Excuse me. I'm not done.

24 not? 25 THE INTERPRETER:

1 MR. WOLMAN: Why not? 2 THE INTERPRETER:

3 get. Yes, I know it's simple but it's too long.

5 interpretation. I'm highly concentrating. I have a 6 human brain. 7 MR. WOLMAN:

8 things down as they go. 9 THE INTERPRETER: Sorry about that. 10 Let me interpret what I got and then I will 11 ask you the rest. Is that okay? 12 MR. WOLMAN: Yes. 13 THE INTERPRETER: Okay.

15 THE INTERPRETER: Okay.

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?

21 MR. BALDIGA:

22 struggling to -- well, is the question are you 23 getting paid for that? And you can answer that. 24 MR. WOLMAN: No.

25 how much do you get paid for that. He took the

1 Fifth. I'm asking it now again.

How much do you get paid for that?

No money at all.

A year ago I asked you what is Golden Spring 5 New York. 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.

9 that company?

I don't know what you mean by relationship.

12 question, why did you invoke the Fifth last year? 13 MR. BALDIGA: Objection.

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.

22 question, I think this would go much more 23 productively. That's your choice. 24 MR. WOLMAN: No.

25 intelligent person who is a big businessman, who is

Case 22-50073 Doc 404-7 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 69 of

1 a sophisticated person. I trust he can handle these

2 simple questions. 3 MR. BALDIGA: Proceed as you'd like.

6 MR. BALDIGA: Wait. Hold on.

7 there's a translation that needs to be done.

8 hold on.

9 being said.

11 THE INTERPRETER: Okay. Go ahead.

What is your relationship to Golden Spring?

14 question? I don't know how to answer your question.

16 means?

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?

22 man/woman relationship or a money relationship or 23 what?

Any relationship?

1 THE INTERPRETER: Sorry?

2 sentence again, because there was talking.

Any relationship, what is yours to Golden 4 Spring? 5 THE INTERPRETER:

6 interpretation first.

8 lends me money. I owe money to him. He helps me.

And why does he do this?

Because I was once a member of the Guo (ph) 11 family. 12 MR. HARBACH: This is David Harbach.

13 you please repeat that English answer? 14 THE INTERPRETER:

15 member of Guo family.

Does Golden Spring pay the expenses of any 17 other member of the Guo family?

Yes.

Which other members of the Guo family?

I don't know.

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.

25 Golden Spring pay Mr. Podhaskie for services

Case 22-50073 Doc 404-7 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 71 of

1 rendered to you in your individual capacity? 2 MR. BALDIGA:

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:

8 any answer of that sort.

10 MR. BALDIGA:

11 answer the question. 12 MR. KWOK: I don't know.

Have you ever asked anyone why they pay for 14 him to advise you?

I don't remember.

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?

It was money lended.

Why did Golden Spring loan you that money?

I don't have any thing so I borrowed from 25 them.

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. 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

1 interest in Golden Spring New York. I am asking you 2 that again.

3 Spring New York?

No.

A year ago I asked you are you an officer of 6 Golden Spring New York Limited. I'm asking you 7 again. Are you an officer of Golden Spring New York 8 Limited?

No.

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:

16 interpretation. I'll do that for him.

A loan. A loan or borrowed money.

Why did they make you that loan?

I have been borrowing from them all the time 20 because I was a member of the family.

22 Golden Spring put in writing?

Some have, some no.

Okay. Which ones have been put in writing?

I don't remember.

83 Entered 05/20/22 11:52:18 Page 74 of

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

Case 22-50073 Doc 404-7 Filed 05/20/22 Entered 05/20/22 11:52:18 Page 75 of

1 they communicate with each other.

2 amount they can define is 21 million.

So Golden Spring's lawyers helped prepare 4 your bankruptcy petition? Is that correct? 5 MR. BALDIGA: I'm sorry to interrupt.

two things.

No.

So how did the information get from Golden 9 Spring to your bankruptcy petition? 10 MR. BALDIGA: Objection to the question. 11 THE INTERPRETER: Sorry? 12 MR. BALDIGA: 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:

17 that his lawyer and Golden Spring's lawyer discussed 18 it. Do you have another question?

Yes.

20 right? 21 MR. BALDIGA: Okay.

22 first and then ask another question, please. 23 THE INTERPRETER: Okay. Go ahead.

How did you know that number was right? 25 THE INTERPRETER: Sorry? Number of what?

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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?

I believe the professionalism of my lawyers. 5 They will review and check all the figures. 6 MS. CLAIBORN:

8 reviewed? 9 MS. CLAIBORN: I apologize for interrupting. 10 MR. BALDIGA: It's now 2 o'clock. 11 MS. CLAIBORN: I apologize for interrupting. 12 It's Holley Claiborn. 13 MR. WOLMAN:

14 filibustering to use up the time. Appreciate it. 15 MR. BALDIGA:

16 addressed to?

17 comment. 18 MR. WOLMAN:

19 that to you. 20 MS. CLAIBORN:

21 MR. BALDIGA:

22 MS. CLAIBORN: -- the next date.

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.

1 Mr. BALDIGA:

2 start to do that if you give me a second. 3 MS. CLAIBORN:

4 translate that? 5 THE INTERPRETER:

6 you whether you still need me on the line for a 7 second or you want me to log off? 8 MS. CLAIBORN:

9 for a second.

10 you to translate that so the debtor understands. 11 THE INTERPRETER: Okay. 12 MR. BALDIGA: I'm sorry.

13 I'm sorry.

14 make sure I heard it -- April 4 at 10 o'clock in 15 Bridgeport? 16 MS. CLAIBORN:

17 Haven at the U.S. Trustee's Office. 18 MR. BALDIGA: Okay.

19 very quick on that. 20 MS. CLAIBORN:

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: Okay. I'll put you on hold. 25 MR. HARBACH:

1 Harbach. I'm afraid that that day will not work for 2 us? 3 MS. CLAIBORN: Mr. Harbach, is that you? 4 MR. HARBACH: Yes, ma'am.

5 about to say that I can do Wednesday, the 6th, or 6 any day after that.

7 5th. 8 MS. CLAIBORN: How about Friday, April 8th? 9 MR. HARBACH: I can do that. This is David. 10 I can do that. 11 MR. WOLMAN: This is Jay Wolman.

12 that. 13 MS. CLAIBORN:

14 check on April 8th, please?

16 MR. HARBACH:

17 again. Just anticipating that they're coming back 18 (indiscernible).

19 for whatever it's worth.

20 28th, 29 or 30 of March as well, if that's better. 21 MR. BALDIGA: This is Bill Baldiga.

22 and 8th are Buddhist holidays so for religious 23 reasons Mr. Kwok can't do it those days.

24 clear the 4th. I'm sure there are some 25 (indiscernible). I'm wondering who could make it.

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1 MS. CLAIBORN:

2 Monday? 3 MR. HARBACH:

4 second part of what you said about the 28th. 5 MS. CLAIBORN:

6 new date. 7 MR. BALDIGA: This is Bill Baldiga.

8 and 30 Mr. Kwok has a medical issue that he

during those days. 10 MS. CLAIBORN: How about Friday, April 15th? 11 MR. HARBACH: This is David Harbach.

12 good by us. 13 MR. BALDIGA: It's Good Friday.

14 for me and Passover for many. 15 Can I suggest (indiscernible)? 16 MS. CLAIBORN:

17 suggestion. I'm sorry. 18 MR. BALDIGA:

19 back to April 4.

21 MR. WOLMAN:

22 have something for that day as well. 23 MR. BALDIGA:

25 MR. WOLMAN:

1 who is in the middle of questioning. 2 MR. BALDIGA:

3 then. 4 MS. CLAIBORN: Does April 6th work? 5 MR. WOLMAN: What was that date? 6 MS. CLAIBORN: April 6th? 7 MR. HARBACH:

8 do April 6th. 9 MR. BALDIGA: The debtor can as well. 10 UNIDENTIFIED: As can I. 11 MS. CLAIBORN:

12 6th 10:00 a.m. It's in person.

13 Office in New Haven.

15 security. I'd like to start at 10:00. 16 MR. BALDIGA:

17 would you reserve on that day, including with the 18 interpreter, just so we can plan? 19 MS. CLAIBORN:

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: Okay.

24 o'clock? 25 I guess we can go off the record as we

1 finish this. It's up to you, obviously. 2 MS. CLAIBORN: Okay.

3 concluded for purposes of Bin's translation services 4 for today. 5 THE INTERPRETER: Thank you. 6 MS. CLAIBORN: Thank you very much, Bin. 7 THE INTERPRETER: Have a nice day. 8 MS. CLAIBORN: Thank you. 9 I'm going to stop the recording, but we can 10 stay on the line. I'm going to stop the recording. 11 Thank you.

1 I, CHRISTINE FIORE, court-approved transcriber and 2 certified electronic reporter and transcriber, 3 certify that the foregoing is a correct transcript 4 from the official electronic sound recording of the 5 proceedings in the above-entitled matter. 6