Guo Wengui / Miles Guo — bankruptcy case · EXHIBIT · ECF #440-19

METADATA

Defendant: Guo Wengui / Miles Guo / Ho Wan Kwok
Court: CTB
Case No.: 22-50073
ECF #: 440
Type: EXHIBIT
Filed: 2022-05-25

FULL TEXT

# **EXHIBIT PAX 21**

July 21, 2021 Hearing Transcript, *PAX v. Kwok*, Index. No. 652077/2017 (N.Y. Sup. Ct.), Dkt. 898

| | | 22-50073 | | | |--------|-----|----------------------------|----|--| | IN RE: | | Ho Wan Kwok | | | | | | | | | | | PAX | | 21 | | | | | | | | | | | 5/25/2022 Admitted in Full | | | | | | P.E. | | | | | | | | | | | | | | |

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

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| | | 27 | | |----|---------------|----------------------------------------------------------------------|---| | | | | 2 | | 1 | | | | | 2 | | A P P E A R A N C E S : (Via Teams) | | | 3 | | O'MELVERY & MYERS, LLP Attorneys for Plaintiffs | | | 4 | | 7 Times Square New York, N.Y. 10036 | | | | | BY: STUART SARNOFF, ESQ. | | | 5 | | EDWARD MOSS, ESQ. ANTON METLITSKY, ESQ. | | | 6 | | | | | 7 | | BAKER & HOSTETLER, LLP Attorneys for Defendant, Miles Kwok | | | 8 | | 45 Rockefeller Plaza | | | 9 | | New York, N.Y. 10111 BY: JOHN SIEGAL, ESQ. | | | 10 | | MELISSA CARVALHO, ESQ. ERIA BARROW, ESQ. | | | 11 | | PETRILLO, KLEIN & BOXER, LLP | | | 12 | | Attorneys for Defendant, Miles Kwok 655 Third Avenue - 22nd Floor | | | | | New York, N.Y. 10017 | | | 13 | | BY: GUY PETRILLO, ESQ. JOSHUA KLEIN, ESQ. | | | 14 | | | | | 15 | | LAWALL & MITCHELL, LLC Attorneys for Defendant, | | | 16 | | Genever Holdings Corp. and | | | 17 | | Genever Holdings, LLC 162 East 64th Street | | | 18 | | New York, N.Y. 10065 BY: AARON A. MITCHELL, ESQ. | | | 19 | | CHIESA, SHAHINIAN & GIATOMASI, P.C. | | | 20 | | Attorneys for Defendant, HK International Funds | | | | | Investments(USA)Limited | | | 21 | | 11 Times Square - 34th Floor New York, N.Y. 10036 | | | 22 | | BY: LEE VARTAN, ESQ. | | | 23 | ALSO PRESENT: | (Via Teams) | | | 24 | | UNA MANYEE WILKINSON, | | | 25 | | Interpreter of Mandarin | | | | | | | | | | | |

3 Robert Portas, RPR, CRR PROCEEDINGS THE COURT: Good afternoon -- or good morning, rather. MR. MOSS: Good morning, Your Honor. MR. SIEGAL: Good morning. MS. CARVALHO: Good morning, Your Honor. THE COURT: Just let me know if all counsel who plan to speak are present and then we can proceed with the motion for contempt. MR. MOSS: For the plaintiff, Your Honor, we're here. It's Edward Moss and my partner, Stuart Sarnoff. Good morning. MR. SIEGAL: For the defendant, Miles Kwok, who is present, I am John Siegel, S-I-E-G-A-L, from Baker, Hostetler, along with my colleagues, Melissa Carvalho and Erica Barrow. Also appearing for Mr.~Kwok is Josh Klein, from the firm of Petrillo, Boxer & Klein. He's Mr.~Kwok's personal counsel. And appearing, a special appearance by nonparty HK International, is Lee Vartan. Also present, Your Honor, is Miss Una Wilkinson who is Mr.~Kwok's translator who will be simultaneously translating so that he can follow the proceedings. THE COURT: All right, let me hear Mr.~Moss on the motion for contempt. After you speak I would like the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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| | 4 PROCEEDINGS |----|----------------------------------------------------------- | 1 | opportunity to make a statement to Mr.~Kwok who I'm very | 2 | pleased to see paying attention to these proceedings. | 3 | Go ahead, Mr. Moss. | 4 | MR. MOSS: Thank you, Your Honor. Nice to see | 5 | everyone. | 6 | So I think this is a relatively straight forward | 7 | issue, Judge. The Court has already found correctly that | 8 | it has the power to hold Mr.~Kwok in contempt for | 9 | violating the Court's restraining order by moving the | 10 | yacht, Lady May, out of the jurisdiction. | 11 | The Court's order was crystal clear. Mr.~Kwok | 12 | obviously has the ability to comply with it, and he | 13 | flouted it. It's not the first time that Mr.~Kwok has | 14 | engaged in this type of behavior. | 15 | But the Court gave Mr.~Kwok a chance, it did not | 16 | hold him in contempt, it said "If you bring the boat back | 17 | you won't be held in contempt." Presumably | 18 | took Mr.~Kwok's people, including Mr. Siegal, at their | 19 | word that the yacht has to travel in the ordinary course | 20 | to the Bahamas for winter maintenance and gave him till | 21 | mid May of this year to bring it back. After all, there | 22 | was an affidavit from Captain Heaslop. He said, "Right. | 23 | That's when it comes back every year, mid May." | 24 | Well, the yacht never came back. It's mid July | 25 | and we filed this motion, because the time has come | ------------------------| | | | | | | | | | | | | | | | | the Court | | | | | | | | to Robert Portas, RPR, CRR |

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| | 5 PROCEEDINGS | |----|-----------------------------------------------------------------| | 1 | hold Mr.~Kwok in contempt, to order the fine or whatever | | 2 | relief the Court deems appropriate so that Mr.~Kwok will | | 3 | be sufficiently motivated to bring the yacht back from | | 4 | where it is now. By the way, not in the Bahamas anymore, | | 5 | now it's in Mallorca, Spain. | | 6 | So let's just talk -- we haven't had a chance to | | 7 | reply, so I'd like to address the opposition. The | | 8 | principal argument on the opposition is that Mr.~Kwok | | 9 | does not have the ability to comply with the order | | 10 | because he doesn't own the boat. And the Court has to | | 11 | find that he has the ability to comply with the order. | | 12 | He doesn't own the boat. A shell company called | | 13 | HK International does. Well, we've seen this before. | | 14 | Rights, Judge? Mr.~Kwok forming a shell company, putting | | 15 | it in somebody else's name, a son, a daughter, a -- an | | 16 | employee, to shield the asset. We don't dispute that on | | 17 | paper the shell company owns the boat. Okay. But it's | | 18 | his boat. Right? We all know that. | | 19 | Mr.~Kwok says in his opposition that PAX has | | 20 | offered no evidence, that's what they say, to demonstrate | | 21 | that Mr.~Kwok controls the boat and can comply with the | | 22 | order. Well, you cannot just say in opposition that | | 23 | there's no evidence and ignore the evidence that the | | 24 | other side put in. | | 25 | First, Mr.~Kwok filed a complaint in Robert Portas, RPR, CRR |

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| | 6 PROCEEDINGS | |---|-----------------------------------------------------------| | 1 | September 2020, repeatedly referred to the, quote -- to | | 2 | the yacht as, quote, his yacht. The prayer for relief | | 3 | asked the Court in that case to enjoin the defendant from | | 4 | appearing in close proximity of plaintiff, including but | | 5 | not limited to his home, his place of business or his | | 6 | yacht. |

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

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

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

Robert Portas, RPR, CRR

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| | 7 PROCEEDINGS | |----|------------------------------------------------------------------------------------| | 1 | suspended Twitter account, of him on his yacht with his | | 2 | own works saying, "I bought this boat. I decided to sell | | 3 | it, but then I changed my mind because it was so | | 4 | important to me." | | 5 | Those statements, like the September 2020 | | 6 | statement, were made after the yacht was in the hands, | | 7 | supposedly, of the this HK International entity. But | | 8 | Mr.~Kwok considered it to be his. All along he | | 9 | considered it to be his, the same way he said in his | | 10 | complaint. And if Mr.~Kwok can decide to advertise the | | 11 | boat, to sell the boat and then to change his mind and | | 12 | not sell it, I submit, Judge, that he can certainly | | 13 | comply with the Court's order. | | 14 | Third: Mr. Siegal who represents Mr.~Kwok, not | | 15 | HK International, Mr.~Kwok, asked this Court for | | 16 | permission if the boat could be moved. Who was he asking | | 17 | for? He only represents Mr.~Kwok. The Court said no, | | 18 | and the boat was moved anyway. | | 19 | There is no question about who instructed | | 20 | Mr. Siegal to ask that question. And if you need more | | 21 | evidence, Judge, look what has happened since. We have a | | 22 | restraining order, Mr.~Kwok has not paid a penny still on | | 23 | the judgment, Mr. Siegal represented to the Court at the | | 24 | November 12 hearing, "The yacht," quote, "needs to travel | | 25 | offshore at some point for a brief period and then come Robert Portas, RPR, CRR |

8 PROCEEDINGS back into the United States. And we just wanted to disclose that so there is no thought that this is being secreted or transferred. This is just an ordinary thing that it has to do for licensing purposes." Yet, for the first time ever, despite these promises on Mr.~Kwok's behalf by an officer of the court, the yacht is now in Mallorca, Spain. Why do we think it happened that for the first time in history the ordinary course was changed and the boat is in Spain? We know, Judge. I mean, come on. The other side has put in no evidence, no evidence that Mr.~Kwok is not in control of the boat here. The only evidence that they have is a statement by the captain, in addition to the technical ownership on paper, a statement by the captain that he takes directions from an unidentified person at HKI. There's no affidavit from the daughter, Mr.~Kwok's daughter who supposedly controls HKI, there's no affidavit from Mr.~Kwok, there's nothing. In the cases that Mr.~Kwok cites in his brief the defendant makes an actual showing that he can't comply with the order. That's not the case here. There is no showing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

Robert Portas, RPR, CRR So we've made our showing, and we believe it's more than sufficient for the Court's factual finding that

| | 9 PROCEEDINGS | |----|-----------------------------------------------------------------------------| | 1 | Mr.~Kwok can comply with the restraining order, and, | | 2 | therefore, should be held in contempt. | | 3 | The fallback argument on the other side is that | | 4 | the Court needs to have an evidentiary hearing to make | | 5 | this factual finding. Well, we think we've made our | | 6 | showing and that a hearing -- hearing is not necessary. | | 7 | But, Your Honor, if the Court wants to have one, that's | | 8 | fine with us, we welcome it. I'm not sure exactly what | | 9 | the point is, though, because there's really no | | 10 | additional evidence. | | 11 | Mr.~Kwok has taken the Fifth, he's not | | 12 | responding to our discovery requests, and so he's | | 13 | precluded from testifying. | | 14 | Mr. Vartan, HK International, he's had a | | 15 | subpoena since March, since March. We've got thirteen | | 16 | pages of documents, only a subset of what he's given to | | 17 | the Court. He hasn't even given us all of the documents | | 18 | that he gave to the Court. But what Mr. Vartan did tell | | 19 | us is that HK International has no employees, no | | 20 | officers, no directors, no bank account, no documents, no | | 21 | nothing. It's not a real company. | | 22 | I said, "Mr. Vartan, where are the documents?" | | 23 | You know what he told me, Judge? "Golden Spring | | 24 | has them." | | 25 | I said, "Mr. Vartan, how do you pay for the fuel Robert Portas, RPR, CRR |

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or whatever you do to dock the boat?"

What did Mr. Vartan say? "Golden Spring pays. Go get the information from him."

I went to Mr. Alter. Golden's -- another lawyer on the other side -- Right? -- with Golden Spring. He was ordered -- you remember Mr. Alter, he didn't want to give me a single document relating to Golden Spring. The Court ordered them to comply in May. What have I gotten so far in the last several months? A couple of tax returns. They're fighting me now because he won't give me an org chart. He won't give me an org chart, Judge, which I need to discuss for custodians because he says, "Well, the -- the identity of my employees is confidential." They still haven't given me account statements, and certainly nothing about the boat. 5 6 7 8 9 10 11 12 13 14 15 16

So if we're going to have an evidentiary hearing, which is okay, they have to comply with the discovery so we know what the record is and there are no surprises at the hearing. We need documents and we need the corporate rep depos, depositions. 17 18 19 20 21

Robert Portas, RPR, CRR Finally, the last point and then I'll finish, Judge, that Mr.~Kwok makes here is that because he has appealed the conditional contempt order to the First Department, the Court should defer a ruling on this 22 23 24 25

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| | 11 PROCEEDINGS | |----|--------------------------------------------------------------------------| | 1 | motion until that appeal shakes out. But that's | | 2 | backwards, Judge. A final order of contempt here will | | 3 | moot the appeal, and then Mr.~Kwok can take his appeal | | 4 | from that final order. The appeal's not going to change | | 5 | anything. First of all, the First Department didn't even | | 6 | grant him a stay, so I don't think that the appeal's | | 7 | going to change anything. But the efficient way to | | 8 | proceed here is to grant the final order of contempt and | | 9 | then to take an appeal from that. Because if the Judge | | 10 | just -- Judge, if you just punt here and wait for the | | 11 | appeal on the conditional contempt to be decided, we'll | | 12 | just come back here either way and ask you for a final | | 13 | order of contempt. And, so -- | | 14 | THE COURT: Mr. Moss, I understand all of your | | 15 | arguments. Mr. Kwok's motion to stay the entry of a final | | 16 | order of civil contempt pending the appeal, I want to hear | | 17 | from Mr.~Kwok's counsel on that motion. | | 18 | Just so the record is clear, while Mr.~Kwok is | | 19 | in attendance, with no obligation whatsoever to speak, | | 20 | there have been innumerable proceedings in this case. | | 21 | I'll wait for somebody to translate that for | | 22 | Mr.~Kwok if he doesn't understand me. | | 23 | MR. SIEGAL: Your Honor, he's got a simultaneous | | 24 | translation, so he's following. | | 25 | THE COURT: There's 116-plus-million-dollar Robert Portas, RPR, CRR |

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| | 12 PROCEEDINGS | |---|----------------------------------------------------------------| | 1 | judgment against Mr.~Kwok in favor of Mr. Moss' client. | | 2 | Earlier this year Mr. Moss sought to levy against the ship, | | 3 | Lady May, which was represented to have a value of | | 4 | approximately \$27 million. At the time that Mr. Moss | | 5 | sought to levy against the ship, Lady May, the ship, was in | | 6 | the United States. Representatives of Mr.~Kwok requested | | 7 | leave to move the ship, purportedly due to weather | | 8 | conditions. The Court denied that request. Nevertheless, | | 9 | the ship was moved. |

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

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

Robert Portas, RPR, CRR It's now July, so the ship has been out of the jurisdiction of this Court for two months. And the sanction for disregarding the Court's order continues to 23 24 25

PROCEEDINGS rise at the rate of \$500,000 a day. The sanctions solely due to the failure of the defendant and the entities he apparently controls have now reached essentially the value of the ship. So if the parties can't resolve all issues relating to the ship, Lady May, consensually I'm going to stay these proceedings pending the outcome of the appeal to the Appellate Division. I'm highly confident, but can't be certain, that the Appellate Division will conclude that if Mr.~Kwok and 1 2 3 4 5 6 7 8 9 10

the entities he controls were ordered not to move the ship from the territorial waters of the United States and the ship was nevertheless removed, that was a contempt of a lawful court order.

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

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

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| | 14 PROCEEDINGS | |----|-----------------------------------------------------------------------------| | 1 | judgment. And Mr.~Kwok is proceeding at his own peril by | | 2 | orchestrating the voyages of this ship to everywhere and | | 3 | anywhere other than the territorial waters of the United | | 4 | States. | | 5 | That's all I have to say. I'll hear from | | 6 | counsel for Mr.~Kwok. | | 7 | MR. SIEGAL: Your Honor, thank you for your ruling | | 8 | and for the finding on the stay motion. | | 9 | THE REPORTER: Who is speaking? | | 10 | MR. SIEGAL: I'm sorry, Mr. Portas. John Siegal, | | 11 | for the defendant. | | 12 | We thank you for the ruling on the stay motion, | | 13 | as well as the statement that plaintiff has not met its | | 14 | burden to -- for a final order of contempt. | | 15 | In light of those rulings, I don't want to | | 16 | belabor this. I do want to note, just to make a record, | | 17 | that certain statements have been made here that are | | 18 | contested. | | 19 | The plaintiff submitted to Your Honor a proposed | | 20 | order, including a factual finding that the Lady May is, | | 21 | quote, "A major asset owned and controlled by Kwok," | | 22 | closed quote. | | 23 | The record on this motion is entirely clear that | | 24 | Mr.~Kwok does not own the Lady May, it's owned by | | 25 | HK International, and that he has no interest in Robert Portas, RPR, CRR |

15 Robert Portas, RPR, CRR PROCEEDINGS HK International. That leaves the -- leaves the issue of control. And, just for the sake of the record, I want to note several things: First, the complaint that Mr. Moss cited is not a complaint in this action and it's not in the record on this motion. Secondly, unverified third-party articles and postings are not evidence. They're not the sort of factual evidence on which this Court can rule. With regard to the internet posting, that is the only material contained in this motion, Mr. Vartan is here for HK International and has information about the unlikely reliability and inaccuracy of that posting. With respect to the statements that were made about my prior request regarding relocating the boat in these proceedings, Mr. Moss said, quote, "There is no question who instructed me." That was his quote. There is no record as to why I asked or who instructed me, and arguments like, "There's no question" or "Mr. Kwok obviously has the ability to comply," are not sufficient to be proffered to this Court, especially when they're made about opposing counsel with no evidence or basis. And there's certainly an inappropriate or insufficient basis on which the Court could rule, which the Court has 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

| | 16 PROCEEDINGS | |----|---------------------------------------------------------------------------------| | 1 | recognized this morning. And we appreciate it. | | 2 | So -- so the matter goes to the Appellate | | 3 | Division, which we appreciate. If by any chance it comes | | 4 | back here on this conditional order, we've made our | | 5 | record. We think it is the plaintiff's burden to show an | | 6 | ability to comply, that the plaintiff has not made that | | 7 | ability. And the Court has really recognized that. | | 8 | First, at the first hearing on this motion, the Court | | 9 | stated on the record that the boat was, quote, a -- was | | 10 | an asset that, quote, "Mr.~Kwok once claimed to own," | | 11 | closed quote. | | 12 | Discovery was ordered; discovery has established | | 13 | that he does not own the boat. | | 14 | Today the Court, in its care and caution, has | | 15 | stated that the boat is owned, quote -- quote, "Is owned | | 16 | by," quote, "entities he apparently controls," closed | | 17 | quote. We appreciate the care the Court has taken to | | 18 | note that there is no showing or no basis for a finding | | 19 | of control and that assertions of who apparently controls | | 20 | the boat are not a sufficient basis. | | 21 | And, if and when we are back here, we look | | 22 | forward to litigating that. But, as I say, Your Honor, | | 23 | we really appreciate the carefulness and diligence the | | 24 | Court is exercising, and we appreciate the ruling today. | | 25 | THE COURT: Let's be clear about -- Let's be clear Robert Portas, RPR, CRR |

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| | 27 | | |----|--------------------------------------------------------------|-----| | | PROCEEDINGS | 17 | | 1 | about one thing: The Court issued an order directing that | | | 2 | the boat not be removed from the territorial waters of the | | | 3 | United States, upon an application from representatives of | | | 4 | Mr.~Kwok, or entities that he controlled, to remove the | | | 5 | boat from the territorial waters of the United States. | | | 6 | That order was disregarded by Mr.~Kwok and/or the entities | | | 7 | that he controls. That is a contempt of the Court. | And | | 8 | that is why the Court, on May 15th, ordered that there be | | | 9 | a sanction of \$500,000 a day for every day that the boat is | | | 10 | not within the territorial waters of the United States. | | | 11 | So, whatever procedural efforts Mr. Moss put | | | 12 | before the Court today have nothing whatsoever to do with | | | 13 | the violation of the Court's prior order directing that | | | 14 | the boat not be removed from the United States. | | | 15 | If this wasn't gamesmanship and this wasn't | | | 16 | flaunting of the Court's orders, and if this wasn't a | | | 17 | transparent shell game that Mr.~Kwok is engaged in, the | | | 18 | boat would be in the territorial waters of the United | |

States and we would resolve the issue of the boat's ownership.

Mr. Moss has made more than a prima facie showing that Mr.~Kwok controls all of these entities, over the course of multiple hearings, and that Mr.~Kwok is in contempt, and his entities are in contempt of prior orders of the Court. 21 22 23 24 25

Robert Portas, RPR, CRR

| | 18 PROCEEDINGS | |----|-----------------------------------------------------------------------------------| | 1 | Now, you've gone to the Appellate Division. | | 2 | What is the timetable for the briefing of your appeal? | | 3 | MR. SIEGAL: Your Honor, it's been perfected for | | 4 | the September term. | | 5 | THE COURT: All right. | | 6 | Well, we'll hear from the Appellate Division | | 7 | soon enough. And, in the meantime, the Defendant Kwok | | 8 | has the opportunity to partially purge himself of the | | 9 | conditional order of contempt that the Court issued by | | 10 | transferring the boat back to the territorial waters of | | 11 | the United States. | | 12 | And, if Mr.~Kwok and his entities prevail in | | 13 | establishing, or, rather, defeating Mr. Moss' prima facie | | 14 | showing that Mr.~Kwok absolutely, unequivocally | | 15 | positively, definitely controls this boat, then Mr. Moss | | 16 | won't be able to levy on the boat. | | 17 | MR. SIEGAL: Your Honor, for the record and the | | 18 | sake of completeness: I made a request for the Court to | | 19 | clarify its restraining order as to whether it applied to | | 20 | movement of the ship, and the Court clarified that ruling. | | 21 | At the time that I made that request, and before the order | | 22 | was clarified, and unbeknownst to me, at the time I made | | 23 | the request the vessel was no longer in the United States. | | 24 | So, that -- I understand the Court's concern | | 25 | about this overall situation, I just wanted to clarify Robert Portas, RPR, CRR |

19 Robert Portas, RPR, CRR PROCEEDINGS that sequence for the record. And I'll rest on that. THE COURT: If you choose to -- if you, counsel, choose to be an instrumentality of gamesmanship and defiance of Court orders, that's your decision. MR. SIEGAL: I appreciate the concern, Your Honor. That is certainly not something in which we are engaged, nor would engage. THE COURT: There can't be any dispute that Mr.~Kwok and the entities he controlled were restrained from moving that boat from the territorial waters of the United States. And, in defiance of those orders and subsequent orders, the boat remains outside the territorial waters of the United States. And sooner or later the wheels of justice, which grind exceedingly slowly, will resolve the issue. In the meantime, you have your appeal. And I'll await the outcome of the Appellate Division's ruling. That's the disposition of the application. If there is nothing further, everyone should have a nice day. If there is something further, put it on the record. (Continued on the following page.) oOo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

| | 27 | |----|-----------------------------------------------------------------------| | | 20 PROCEEDINGS | | 1 | MR. SIEGAL: Thank you, Your Honor. | | 2 | MR. MOSS: Thank you, Your Honor. | | 3 | THE COURT: Have a nice day, everyone. | | 4 | Order a copy of the transcript. It's very | | 5 | important that you have a copy of the transcript. | | 6 | MR. MOSS: We will. Thank you. | | 7 | (Whereupon, the above-captioned proceedings | | 8 | were concluded.) | | 9 | oOo | | 10 | (It is hereby certified that the (foregoing is a true and accurate | | 11 | (transcript of the proceedings. ( | | 12 | ( ( _________________________ | | 13 | ( ROBERT PORTAS, RPR, CRR ( Senior Court Reporter | | 14 | oOo SO ORDERED July 29, 2021 | | 15 | | | 16 | | | 17 | | | 18 | | | 19 | | | 20 | | | 21 | | | 22 | | | 23 | | | 24 | | | 25 | | | | Robert Portas, RPR, CRR | | | |

| \$ | ALLIANCE [1] 1/3 FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM | basis [4] 15/23 15/25 16/18 INDEX NO. 652077/2017 | |---------------------------------------------------------|----------------------------------------------------------------------|------------------------------------------------------------| | Case 22-50073 Doc 440-19 NYSCEF DOC. NO. 898 | along [2] 3/14 7/8 Filed 05/25/22 Entered 05/26/22 15:30:37 | 16/20 Page 22 of RECEIVED NYSCEF: 07/29/2021 | | \$27 [1] 12/4 \$27 million [1] 12/4 | already [1] 4/7 27 | be [20] 3/22 4/17 5/3 6/12 | | \$500,000 [3] 12/16 13/1 17/9 | ALSO [3] 2/23 3/16 3/21 Alter [2] 10/5 10/7 | 7/8 7/9 7/16 9/2 11/11 13/9 15/22 16/25 16/25 17/2 17/8 | | | although [1] 13/20 | 17/14 17/18 18/16 19/3 19/8 | | - | am [1] 3/13 | because [10] 4/25 5/10 7/3 | | -----------------------------------------X [2] | and/or [1] 17/6 | 9/9 10/11 10/13 10/23 11/9 | | 1/2 1/10 | another [2] 10/5 13/24 | 12/10 13/19 | | | ANTON [1] 2/5 | been [7] 11/20 12/10 12/18 | | 1 | any [3] 13/25 16/3 19/8 | 12/19 12/23 14/17 18/3 | | 10017 [1] 2/12 | anymore [1] 5/4 | before [5] 5/13 12/19 13/18 | | 10036 [2] 2/4 2/21 | anything [2] 11/5 11/7 | 17/12 18/21 | | 10065 [1] 2/17 | anyway [1] 7/18 | behalf [1] 8/6 | | 10111 [1] 2/8 | anywhere [1] 14/3 | behavior [1] 4/14 | | 11 [1] 2/21 | apparently [3] 13/3 16/16 | Beijing [1] 6/8 | | 116-plus-million-dollar [1] 11/25 | 16/19 | being [1] 8/2 | | 12 [1] 7/24 | appeal [9] 11/1 11/3 11/3 11/9 11/11 11/16 13/7 18/2 | belabor [1] 14/16 believe [2] 8/24 13/16 | | 152-foot [1] 6/11 | 19/15 | billionaire [1] 6/9 | | 15th [1] 17/8 | appeal's [2] 11/4 11/6 | boat [31] | | 162 [1] 2/17 | appealed [1] 10/24 | boat's [1] 17/19 | | 17 [1] 1/6 | appearance [1] 3/19 | bought [1] 7/2 | | 2 | Appearances [1] 1/18 | BOXER [2] 2/11 3/17 | | | appeared [1] 6/12 | brief [2] 7/25 8/20 | | 2020 [2] 6/1 7/5 | appearing [3] 3/16 3/19 6/4 | briefing [1] 18/2 | | 2021 [1] 1/12 | Appellate [6] 13/8 13/10 16/2 | bring [3] 4/16 4/21 5/3 | | 21 [1] 1/12 | 18/1 18/6 19/16 | burden [3] 13/17 14/14 16/5 | | 22nd [1] 2/12 | application [2] 17/3 19/18 | business [1] 6/5 | | 3 | applied [1] 18/19 | but [12] 4/15 5/17 6/4 6/21 | | 34th [1] 2/21 | appreciate [6] 16/1 16/3 | 7/3 7/7 9/7 9/18 11/1 11/7 | | | 16/17 16/23 16/24 19/5 | 13/9 16/22 | | 4 | appropriate [1] 5/2 approximately [1] 12/4 | C | | 45 [1] 2/8 | are [12] 3/7 9/22 10/19 12/13 | C.R.R [1] 1/24 | | 6 | 13/22 14/17 15/9 15/21 16/20 | called [1] 5/12 | | | 16/21 17/24 19/6 | came [1] 4/24 | | 60 [1] 1/11 | argument [2] 5/8 9/3 | can [8] 3/7 3/23 5/21 7/10 | | 61 [1] 1/2 64th [1] 2/17 | arguments [2] 11/15 15/20 | 7/12 9/1 11/3 15/10 | | 652077/17 [1] 1/6 | article [4] 6/8 6/9 6/14 6/21 | can't [4] 8/21 13/5 13/9 19/8 | | 655 [1] 2/12 | article's [1] 6/22 | cannot [1] 5/22 | | | articles [1] 15/8 as [6] 6/2 14/13 14/13 15/19 | captain [3] 4/22 8/14 8/15 captain's [1] 10/1 | | A | 16/22 18/19 | captioned [1] 20/7 | | a/k/a [7] 1/6 1/6 1/7 1/7 1/7 | ASIA [1] 1/3 | care [2] 16/14 16/17 | | 1/7 1/8 | ask [2] 7/20 11/12 | carefulness [1] 16/23 | | AARON [1] 2/18 | asked [3] 6/3 7/15 15/19 | CARVALHO [2] 2/9 3/14 | | ability [6] 4/12 5/9 5/11 | asking [1] 7/16 | case [4] 6/3 6/15 8/22 11/20 | | 15/21 16/6 16/7 able [1] 18/16 | assertions [1] 16/19 | cases [1] 8/20 | | about [9] 7/19 10/16 13/19 | asset [4] 5/16 12/14 14/21 | caution [1] 16/14 | | 15/13 15/16 15/23 16/25 17/1 | 16/10 | Centre [1] 1/11 | | 18/25 | assets [1] 13/25 | certain [2] 13/9 14/17 certainly [4] 7/12 10/16 | | above [1] 20/7 | at [12] 4/18 6/25 7/23 7/25 8/16 10/20 12/4 13/1 14/1 | 15/24 19/6 | | above-captioned [1] 20/7 | 16/8 18/21 18/22 | certified [1] 20/9 | | absolutely [1] 18/14 | attaching [1] 6/20 | chance [3] 4/15 5/6 16/3 | | account [3] 7/1 9/20 10/15 | attendance [1] 11/19 | change [3] 7/11 11/4 11/7 | | accurate [1] 20/10 | attention [1] 4/2 | changed [2] 7/3 8/9 | | action [1] 15/6 | Attorneys [5] 2/3 2/7 2/11 | chart [2] 10/12 10/12 | | actual [1] 8/21 addition [1] 8/14 | 2/15 2/19 | CHIESA [1] 2/19 | | additional [1] 9/10 | Avenue [1] 2/12 | Chinese [2] 6/9 6/12 | | address [2] 1/11 5/7 | await [1] 19/16 | choose [2] 19/2 19/3 | | advertise [1] 7/10 | B | chose [1] 6/16 | | affidavit [3] 4/22 8/17 8/18 | back [10] 4/16 4/21 4/23 4/24 | cited [1] 15/5 cites [2] 6/7 8/20 | | after [3] 3/25 4/21 7/6 | 5/3 8/1 11/12 16/4 16/21 | civil [3] 1/2 11/16 13/18 | | afternoon [1] 3/1 | 18/10 | claimed [1] 16/10 | | against [4] 1/5 12/1 12/2 | backwards [1] 11/2 | clarified [2] 18/20 18/22 | | 12/5 | Bahamas [2] 4/20 5/4 | clarify [2] 18/19 18/25 | | ahead [1] 4/3 | BAKER [2] 2/7 3/13 | clear [5] 4/11 11/18 14/23 | | all [13] 3/6 3/24 4/21 5/18 7/8 9/17 11/5 11/14 13/5 | bank [1] 9/20 | 16/25 16/25 | | 13/21 14/5 17/22 18/5 | BARROW [2] 2/10 3/15 | client [2] 12/1 12/11 | | allegedly [1] 13/22 | BARRY [1] 1/14 | close [1] 6/4 | | | | | | | | |

| C | definitely [1] 18/15 FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM | everyone [3] 4/5 19/19 20/3 INDEX NO. 652077/2017 | |------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------| | Case 22-50073 Doc 440-19 NYSCEF DOC. NO. 898 closed [3] 14/22 16/11 16/16 | demonstrate [1] 5/20 Filed 05/25/22 Entered 05/26/22 15:30:37 denied [1] 12/8 | everywhere [1] 14/2 Page 23 of RECEIVED NYSCEF: 07/29/2021 evidence [12] 5/20 5/23 5/23 | | colleagues [1] 3/14 | 27 Department [2] 10/25 11/5 | 6/24 7/21 8/11 8/12 8/13 | | come [4] 4/25 7/25 8/10 11/12 | depos [1] 10/21 | 9/10 15/9 15/10 15/23 | | comes [2] 4/23 16/3 | depositions [1] 10/21 | evidentiary [2] 9/4 10/17 | | company [4] 5/12 5/14 5/17 | despite [1] 8/5 | exactly [1] 9/8 | | 9/21 | did [4] 4/15 6/19 9/18 10/3 | exceedingly [1] 19/14 | | complaint [7] 5/25 6/7 6/17 | didn't [2] 10/7 11/5 | exercising [1] 16/24 | | 6/19 7/10 15/5 15/6 completeness [1] 18/18 | diligence [1] 16/23 directing [2] 17/1 17/13 | F | | comply [11] 4/12 5/9 5/11 | directions [1] 8/16 | facie [3] 13/21 17/21 18/13 | | 5/21 7/13 8/22 9/1 10/9 | directors [1] 9/20 | factual [4] 8/25 9/5 14/20 | | 10/18 15/21 16/6 | disclose [1] 8/2 | 15/10 | | concern [2] 18/24 19/5 | discovery [4] 9/12 10/19 | failure [1] 13/2 | | conclude [1] 13/10 concluded [1] 20/8 | 16/12 16/12 discuss [1] 10/13 | fallback [1] 9/3 far [1] 10/10 | | conditional [5] 10/24 11/11 | disposition [1] 19/18 | favor [1] 12/1 | | 12/12 16/4 18/9 | dispute [2] 5/16 19/8 | Fifth [1] 9/11 | | conditions [1] 12/8 | disregarded [1] 17/6 | fighting [1] 10/11 | | confident [1] 13/9 | disregarding [1] 12/25 | filed [2] 4/25 5/25 | | confidential [1] 10/15 | DIV [1] 1/2 | final [7] 11/2 11/4 11/8 | | consensually [1] 13/6 considered [2] 7/8 7/9 | Division [5] 13/8 13/10 16/3 18/1 18/6 | 11/12 11/15 13/18 14/14 Finally [1] 10/22 | | contained [1] 15/12 | Division's [1] 19/16 | find [1] 5/11 | | contempt [21] | do [6] 8/4 8/8 9/25 10/2 | finding [5] 8/25 9/5 14/8 | | contested [1] 14/18 | 14/16 17/12 | 14/20 16/18 | | continue [1] 13/15 | dock [1] 10/2 | fine [3] 5/1 9/8 12/16 | | Continued [1] 19/22 | document [1] 10/8 | finish [1] 10/22 | | continues [1] 12/25 control [4] 8/12 13/22 15/2 | documents [5] 9/16 9/17 9/20 9/22 10/20 | firm [1] 3/17 first [10] 4/13 5/25 8/5 8/8 | | 16/19 | does [4] 5/9 5/13 14/24 16/13 | 10/24 11/5 11/5 15/5 16/8 | | controlled [4] 13/22 14/21 | doesn't [5] 5/10 5/12 6/21 | 16/8 | | 17/4 19/9 | 6/22 11/22 | flaunting [1] 17/16 | | controls [10] 5/21 8/18 13/3 | dollar [1] 11/25 | Floor [2] 2/12 2/21 | | 13/11 13/25 16/16 16/19 17/7 17/22 18/15 | don't [6] 5/16 6/18 6/23 11/6 13/16 14/15 | flouted [1] 4/13 follow [1] 3/23 | | copy [2] 20/4 20/5 | due [2] 12/7 13/2 | following [3] 1/18 11/24 | | Corp [1] 2/16 | E | 19/22 | | corporate [1] 10/21 | | foot [1] 6/11 | | CORPORATION [1] 1/8 | Earlier [1] 12/2 | foregoing [1] 20/10 | | correctly [1] 4/7 costs [1] 10/1 | East [1] 2/17 EDWARD [2] 2/5 3/10 | forming [1] 5/14 forward [2] 4/6 16/22 | | could [2] 7/16 15/25 | efficient [1] 11/7 | found [2] 4/7 6/16 | | counsel [7] 3/6 3/18 6/15 | effort [1] 6/13 | fuel [1] 9/25 | | 11/17 14/6 15/23 19/2 | efforts [1] 17/11 | FUND [1] 1/3 | | COUNTY [1] 1/2 couple [1] 10/10 | either [1] 11/12 else's [1] 5/15 | Funds [1] 2/20 further [3] 12/20 19/19 19/20 | | course [4] 4/19 6/23 8/9 | employee [1] 5/16 | | | 17/23 | employees [2] 9/19 10/14 | G | | court [45] | engage [1] 19/7 | game [1] 17/17 | | Court's [10] 4/9 4/11 7/13 | engaged [3] 4/14 17/17 19/6 | gamesmanship [2] 17/15 19/3 | | 8/25 12/15 12/15 12/25 17/13 17/16 18/24 | English [1] 6/10 enjoin [1] 6/3 | gave [3] 4/15 4/20 9/18 Geneva [1] 6/16 | | CRR [1] 20/12 | enough [1] 18/7 | GENEVER [4] 1/8 1/8 2/16 2/16 | | crystal [1] 4/11 | entirely [1] 14/23 | get [1] 10/4 | | custodians [1] 10/13 | entities [10] 13/3 13/11 | GIATOMASI [1] 2/19 | | D | 13/22 16/16 17/4 17/6 17/22 | give [3] 10/8 10/11 10/12 given [3] 9/16 9/17 10/15 | | daughter [3] 5/15 8/17 8/17 | 17/24 18/12 19/9 entitled [1] 6/8 | Go [2] 4/3 10/4 | | day [7] 12/16 12/16 13/1 17/9 | entity [1] 7/7 | goes [1] 16/2 | | 17/9 19/20 20/3 | entry [1] 11/15 | going [5] 10/17 11/4 11/7 | | decide [1] 7/10 | ERIA [1] 2/10 | 13/6 13/24 | | decided [2] 7/2 11/11 | Erica [1] 3/15 | Golden [4] 9/23 10/3 10/6 | | decision [1] 19/4 deems [1] 5/2 | especially [1] 15/22 ESQ [10] 2/4 2/5 2/5 2/9 2/9 | 10/8 Golden's [1] 10/5 | | defeating [1] 18/13 | 2/10 2/13 2/13 2/18 2/22 | gone [1] 18/1 | | defendant [10] 2/7 2/11 2/15 | essentially [1] 13/4 | good [6] 3/1 3/1 3/3 3/4 3/5 | | 2/19 3/12 6/3 8/21 13/3 | established [1] 16/12 | 3/11 | | 14/11 18/7 Defendants [1] 1/10 | establishing [1] 18/13 even [2] 9/17 11/5 | got [2] 9/15 11/23 gotten [1] 10/9 | | defer [1] 10/25 | ever [2] 6/20 8/5 | government [1] 6/12 | | defiance [2] 19/4 19/11 | every [3] 4/23 12/16 17/9 | grant [2] 11/6 11/8 | | | | | | | | |

| G | in [59] FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM | let's [3] 5/6 16/25 16/25 INDEX NO. 652077/2017 | |-----------------------------------------------------------------------|------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------| | Case 22-50073 Doc 440-19 NYSCEF DOC. NO. 898 grind [1] 19/14 | inaccuracy [1] 15/14 Filed 05/25/22 Entered 05/26/22 15:30:37 inappropriate [1] 15/24 | levy [4] 12/2 12/5 13/24 Page 24 of RECEIVED NYSCEF: 07/29/2021 18/16 | | GUE [1] 1/7 | 27 incidents [1] 6/11 | levying [1] 12/19 | | GUI [2] 1/7 1/7 | including [3] 4/18 6/4 14/20 | licensing [1] 8/4 | | GUO [4] 1/7 1/7 1/8 6/10 | incorporate [1] 6/16 | light [1] 14/15 | | GUY [1] 2/13 | incorporates [1] 6/7 | like [4] 3/25 5/7 7/5 15/20 | | GWO [1] 1/6 | Index [1] 1/5 | limited [2] 2/20 6/5 | | H | information [2] 10/4 15/13 innumerable [1] 11/20 | litigating [1] 16/22 litigation [1] 6/19 | | hacking [1] 6/9 | instructed [3] 7/19 15/18 | LLC [3] 1/9 2/15 2/16 | | had [4] 5/6 9/14 12/10 12/18 | 15/19 | LLP [3] 2/2 2/7 2/11 | | hands [1] 7/6 | instrumentality [1] 19/3 | longer [1] 18/23 | | HAOYUN [2] 1/7 1/8 happened [2] 7/21 8/8 | insufficient [1] 15/24 interest [1] 14/25 | look [2] 7/21 16/21 | | has [32] | International [10] 2/20 3/20 | M | | hasn't [1] 9/17 | 5/13 7/7 7/15 9/14 9/19 | made [13] 7/6 8/24 9/5 13/21 | | have [20] 5/9 6/18 7/21 8/13 | 14/25 15/1 15/13 | 14/17 15/15 15/23 16/4 16/6 | | 9/4 9/7 10/9 10/17 10/18 11/20 12/3 12/19 13/3 14/5 | internet [1] 15/11 Interpreter [1] 2/24 | 17/21 18/18 18/21 18/22 maintenance [1] 4/20 | | 14/17 17/12 19/15 19/19 20/3 | intimidate [1] 6/13 | major [1] 14/21 | | 20/5 | into [2] 6/17 8/1 | make [3] 4/1 9/4 14/16 | | haven't [2] 5/6 10/15 | Investments [1] 2/20 | makes [2] 8/21 10/23 | | he [32] | involving [1] 6/11 | Mallorca [2] 5/5 8/7 | | he's [7] 3/17 9/11 9/12 9/14 9/16 11/23 11/24 | is [56] issue [5] 4/7 13/19 15/2 | Mandarin [1] 2/24 MANYEE [1] 2/24 | | hear [4] 3/24 11/16 14/5 18/6 | 17/19 19/15 | March [2] 9/15 9/15 | | hearing [7] 7/24 9/4 9/6 9/6 | issued [2] 17/1 18/9 | material [1] 15/12 | | 10/18 10/20 16/8 | issues [1] 13/5 | matter [1] 16/2 | | hearings [1] 17/23 Heaslop [1] 4/22 | it [25] | May [11] 4/10 4/21 4/23 6/12 | | held [2] 4/17 9/2 | it's [13] 3/10 4/13 4/24 5/5 5/17 6/21 8/24 9/21 12/23 | 10/9 12/3 12/5 13/6 14/20 14/24 17/8 | | here [13] 3/10 6/16 8/13 8/22 | 14/24 15/6 18/3 20/4 | May 15th [1] 17/8 | | 10/23 11/2 11/8 11/10 11/12 | its [3] 14/13 16/14 18/19 | me [13] 3/6 3/24 7/4 9/23 | | 14/17 15/13 16/4 16/21 | J | 10/8 10/11 10/12 10/12 10/15 | | hereby [1] 20/9 highly [1] 13/9 | JOHN [3] 2/9 3/13 14/10 | 11/22 15/18 15/19 18/22 mean [1] 8/10 | | him [6] 4/16 4/20 6/13 7/1 | Josh [1] 3/16 | meantime [2] 18/7 19/15 | | 10/4 11/6 | JOSHUA [1] 2/13 | MELISSA [2] 2/9 3/14 | | himself [1] 18/8 | Judge [12] 4/7 5/14 6/18 7/12 | met [3] 13/17 13/17 14/13 | | his [22] history [1] 8/9 | 7/21 8/10 9/23 10/12 10/23 11/2 11/9 11/10 | METLITSKY [1] 2/5 mid [3] 4/21 4/23 4/24 | | HK [10] 2/20 3/20 5/13 7/7 | judgment [5] 7/23 12/1 12/22 | MILES [5] 1/8 2/7 2/11 3/12 | | 7/15 9/14 9/19 14/25 15/1 | 13/15 14/1 | 6/10 | | 15/13 | July [3] 1/12 4/24 12/23 | million [2] 11/25 12/4 | | HK International [2] 14/25 15/1 | jurisdiction [3] 4/10 12/15 | mind [2] 7/3 7/11 | | HKI [2] 8/16 8/18 | 12/24 just [12] 3/6 5/6 5/22 8/1 | Miss [1] 3/21 MITCHELL [4] 2/15 2/18 6/15 | | HO [2] 1/6 1/6 | 8/3 11/10 11/10 11/12 11/18 | 6/20 | | hold [3] 4/8 4/16 5/1 | 14/16 15/3 18/25 | monetize [1] 12/21 | | HOLDINGS [4] 1/8 1/9 2/16 2/16 | justice [2] 1/15 19/14 | months [2] 10/10 12/24 | | home [1] 6/5 | K | mooring [1] 10/1 moot [1] 11/3 | | HON [1] 1/14 | KLEIN [4] 2/11 2/13 3/16 3/17 | more [4] 7/20 8/25 13/21 | | Honor [15] 3/3 3/5 3/9 3/21 | know [5] 3/6 5/18 8/10 9/23 | 17/21 | | 4/4 9/7 11/23 14/7 14/19 16/22 18/3 18/17 19/5 20/1 | 10/19 KWOK [58] | morning [6] 3/1 3/3 3/4 3/5 | | 20/2 | Kwok's [8] 3/17 3/22 4/18 | 3/11 16/1 MOSS [15] 2/5 3/10 3/24 4/3 | | HOSTETLER [2] 2/7 3/14 | 6/25 8/6 8/17 11/15 11/17 | 11/14 12/2 12/4 13/16 13/20 | | how [1] 9/25 | L | 13/24 15/5 15/17 17/11 17/21 | | I | L.P [1] 1/3 | 18/15 | | I'd [1] 5/7 | Lady [7] 4/10 6/12 12/3 12/5 | Moss' [4] 12/1 12/11 12/19 18/13 | | I'll [5] 10/22 11/21 14/5 | 13/6 14/20 14/24 | motion [13] 1/10 3/8 3/25 | | 19/1 19/16 | last [2] 10/10 10/22 | 4/25 11/1 11/15 11/17 14/8 | | I'm [5] 4/1 9/8 13/6 13/9 14/10 | later [1] 19/13 LAWALL [1] 2/15 | 14/12 14/23 15/7 15/12 16/8 | | identity [1] 10/14 | lawful [1] 13/14 | motivated [1] 5/3 move [2] 12/7 13/11 | | if [23] | lawyer [1] 10/5 | moved [5] 7/16 7/18 12/9 | | ignore [2] 5/23 6/24 | leave [1] 12/7 | 12/10 12/11 | | important [2] 7/4 20/5 | leaves [2] 15/2 15/2 | movement [1] 18/20 | | impose [1] 12/13 imposed [1] 12/16 | LEE [2] 2/22 3/20 let [2] 3/6 3/24 | moving [2] 4/9 19/10 Mr [57] | | | | | | | | |

| M | order [33] FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM | 3/21 INDEX NO. 652077/2017 | |----------------------------------------------------------------|----------------------------------------------------------------------------|------------------------------------------------------------------| | Case 22-50073 Doc 440-19 NYSCEF DOC. NO. 898 Mr. [32] | ordered [5] 10/7 10/9 13/11 Filed 05/25/22 Entered 05/26/22 15:30:37 | presently [1] 13/17 Page 25 of RECEIVED NYSCEF: 07/29/2021 | | Mr. Alter [2] 10/5 10/7 | 16/12 17/8 27 orders [6] 12/20 17/16 17/25 | Presumably [1] 4/17 prevail [1] 18/12 | | Mr. Kwok [1] 15/20 | 19/4 19/11 19/12 | prima [3] 13/21 17/21 18/13 | | Mr. Mitchell [2] 6/15 6/20 | ordinary [3] 4/19 8/3 8/9 | prima facie [3] 13/21 17/21 | | Mr. Moss [12] 4/3 11/14 12/2 | org [2] 10/12 10/12 | 18/13 | | 12/4 13/16 13/20 13/24 15/5 | OSTRAGER [1] 1/14 | principal [1] 5/8 | | 15/17 17/11 17/21 18/15 | other [5] 5/24 8/11 9/3 10/6 | prior [3] 15/16 17/13 17/24 | | Mr. Moss' [4] 12/1 12/11 | 14/3 | procedural [1] 17/11 | | 12/19 18/13 Mr. Portas [1] 14/10 | our [4] 8/24 9/5 9/12 16/4 out [3] 4/10 11/1 12/23 | proceed [2] 3/7 11/8 proceeding [1] 14/1 | | Mr. Siegal [4] 4/18 7/14 7/20 | outcome [2] 13/7 19/16 | proceedings [7] 3/23 4/2 | | 7/23 | outside [1] 19/12 | 11/20 13/7 15/17 20/7 20/10 | | Mr. Vartan [6] 9/14 9/18 9/22 | over [1] 17/23 | proffered [1] 15/22 | | 9/25 10/3 15/12 | overall [1] 18/25 | promises [1] 8/6 | | multiple [1] 17/23 | own [8] 5/10 5/12 6/22 7/2 | proportional [1] 12/14 | | my [5] 3/10 3/14 7/3 10/14 | 14/1 14/24 16/10 16/13 | proposed [1] 14/19 | | 15/16 MYERS [1] 2/2 | owned [5] 6/9 14/21 14/24 | proximity [1] 6/4 | | | 16/15 16/15 ownership [3] 8/14 13/19 | punt [1] 11/10 purge [1] 18/8 | | N | 17/20 | purportedly [1] 12/7 | | N.Y [5] 2/4 2/8 2/12 2/17 | owns [1] 5/17 | purposes [1] 8/4 | | 2/21 | P | put [4] 5/24 8/11 17/11 19/20 | | name [2] 5/15 6/10 | | putting [1] 5/14 | | necessary [1] 9/6 | P.C [1] 2/19 | Q | | need [4] 7/20 10/13 10/20 | PACIFIC [1] 1/3 | | | 10/20 needs [2] 7/24 9/4 | page [2] 1/18 19/22 pages [1] 9/16 | question [4] 7/19 7/20 15/18 15/20 | | never [1] 4/24 | paid [1] 7/22 | quote [14] 6/1 6/2 7/24 14/21 | | nevertheless [2] 12/8 13/13 | paper [2] 5/17 8/15 | 14/22 15/17 15/18 16/9 16/10 | | NEW [9] 1/1 1/2 1/12 1/12 2/4 | part [2] 1/2 6/12 | 16/11 16/15 16/15 16/16 | | 2/8 2/12 2/17 2/21 | partially [1] 18/8 | 16/17 | | nice [3] 4/4 19/19 20/3 | parties [1] 13/5 | R | | no [28] | partner [1] 3/10 | | | nonparty [1] 3/19 nor [1] 19/7 | party [1] 15/8 | R.P.R [1] 1/24 rate [1] 13/1 | | not [31] | PAX [1] 5/19 pay [1] 9/25 | rather [2] 3/2 18/13 | | note [3] 14/16 15/3 16/18 | paying [1] 4/2 | reached [1] 13/4 | | nothing [5] 8/19 9/21 10/16 | pays [1] 10/3 | real [1] 9/21 | | 17/12 19/19 | penalties [1] 13/15 | really [4] 6/22 9/9 16/7 | | November [1] 7/24 | pending [2] 11/16 13/7 | 16/23 | | November 12 [1] 7/24 | penny [1] 7/22 | recognized [2] 16/1 16/7 | | now [7] 5/4 5/5 8/7 10/11 12/23 13/4 18/1 | people [1] 4/18 perfected [1] 18/3 | record [13] 10/19 11/18 13/17 14/16 14/23 15/3 15/6 15/19 | | nowhere [1] 6/18 | peril [1] 14/1 | 16/5 16/9 18/17 19/1 19/21 | | | period [1] 7/25 | reference [2] 6/8 6/17 | | O | permission [1] 7/16 | referred [1] 6/1 | | O'MELVERY [1] 2/2 | person [1] 8/16 | regard [1] 15/11 | | obligated [1] 12/13 | personal [2] 3/18 6/15 | regarding [1] 15/16 | | obligation [2] 11/19 12/19 obtain [1] 12/20 | PETRILLO [3] 2/11 2/13 3/17 | relating [2] 10/8 13/5 relatively [1] 4/6 | | obviously [2] 4/12 15/21 | photos [1] 6/25 piece [1] 6/24 | reliability [1] 15/14 | | offered [1] 5/20 | place [1] 6/5 | relief [2] 5/2 6/2 | | officer [1] 8/6 | plaintiff [6] 1/4 3/9 6/4 | relocating [1] 15/16 | | officers [1] 9/20 | 14/13 14/19 16/6 | remains [2] 13/16 19/12 | | OFFICIAL [1] 1/11 | plaintiff's [1] 16/5 | remember [1] 10/7 | | offshore [1] 7/25 | Plaintiffs [1] 2/3 | remove [1] 17/4 | | okay [2] 5/17 10/18 on [32] | plan [1] 3/7 | removed [4] 12/14 13/13 17/2 17/14 | | once [1] 16/10 | Plaza [1] 2/8 pleased [1] 4/2 | rep [1] 10/21 | | one [3] 9/7 13/24 17/1 | plus [1] 11/25 | repeatedly [1] 6/1 | | only [4] 7/17 8/13 9/16 15/12 | point [3] 7/25 9/9 10/22 | reply [1] 5/7 | | oOo [3] 19/23 20/9 20/13 | PORTAS [3] 1/24 14/10 20/12 | REPORTER [2] 1/25 20/13 | | opportunity [3] 1/3 4/1 18/8 | positively [1] 18/15 | representatives [2] 12/6 17/3 | | opposing [1] 15/23 | possession [1] 12/21 | represented [2] 7/23 12/3 | | opposition [4] 5/7 5/8 5/19 5/22 | posted [1] 6/25 | representing [1] 6/16 represents [2] 7/14 7/17 | | or [17] 3/1 5/1 6/5 6/19 6/19 | posting [2] 15/11 15/14 postings [1] 15/9 | request [5] 12/8 15/16 18/18 | | 8/3 10/2 13/24 15/19 15/20 | power [1] 4/8 | 18/21 18/23 | | 15/23 15/24 16/18 17/4 17/6 | prayer [1] 6/2 | requested [1] 12/6 | | 18/13 19/13 | precluded [1] 9/13 | requests [1] 9/12 | | orchestrating [1] 14/2 | present [4] 2/23 3/7 3/13 | resolve [3] 13/5 17/19 19/15 | | | | |

| R | so [23] FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM | 10/22 11/3 11/9 18/15 INDEX NO. 652077/2017 | |------------------------------------------------------------------------------|----------------------------------------------------------------|----------------------------------------------------------------------------| | Case 22-50073 Doc 440-19 NYSCEF DOC. NO. 898 respect [2] 6/23 15/15 | solely [1] 13/2 Filed 05/25/22 Entered 05/26/22 15:30:37 | there [14] 4/21 7/19 8/2 8/22 Page 26 of RECEIVED NYSCEF: 07/29/2021 | | responding [1] 9/12 | some [1] 7/25 27 somebody [2] 5/15 11/21 | 10/19 11/20 13/19 15/17 15/18 16/18 17/8 19/8 19/19 | | rest [1] 19/1 | something [2] 19/6 19/20 | 19/20 | | restrained [1] 19/9 | son [1] 5/15 | there's [8] 5/23 8/16 8/18 | | restraining [4] 4/9 7/22 9/1 | soon [1] 18/7 | 8/19 9/9 11/25 15/20 15/24 | | 18/19 | sooner [1] 19/13 | Thereafter [1] 12/10 | | returns [1] 10/11 | sorry [1] 14/10 | thereby [1] 6/7 | | right [6] 3/24 4/22 5/18 6/21 | sort [1] 15/9 | therefore [1] 9/2 | | 10/6 18/5 | sought [2] 12/2 12/5 | these [6] 4/2 8/5 13/6 13/21 | | Rights [1] 5/14 | Spain [3] 5/5 8/7 8/10 | 15/17 17/22 | | rise [1] 13/1 | speak [3] 3/7 3/25 11/19 | they [6] 5/20 6/23 6/24 8/13 | | ROBERT [2] 1/24 20/12 | speaking [1] 14/9 | 10/15 10/18 | | Rockefeller [1] 2/8 | special [1] 3/19 | they're [3] 10/11 15/9 15/22 | | RPR [1] 20/12 | Spring [4] 9/23 10/3 10/6 | thing [2] 8/3 17/1 | | rule [2] 15/10 15/25 ruling [6] 10/25 14/7 14/12 | 10/8 | things [1] 15/4 | | 16/24 18/20 19/17 | Square [2] 2/3 2/21 STATE [1] 1/1 | think [5] 4/6 8/8 9/5 11/6 16/5 | | rulings [1] 14/15 | stated [2] 16/9 16/15 | third [3] 2/12 7/14 15/8 | | run [1] 13/15 | statement [5] 4/1 7/6 8/13 | third-party [1] 15/8 | | | 8/15 14/13 | thirteen [1] 9/15 | | S | statements [4] 7/5 10/16 | this [33] | | S-I-E-G-A-L [1] 3/13 | 14/17 15/15 | those [3] 7/5 14/15 19/11 | | said [8] 4/16 4/22 6/11 7/9 | States [15] 8/1 12/6 12/17 | though [1] 9/9 | | 7/17 9/22 9/25 15/17 | 12/18 13/12 14/4 17/3 17/5 | thought [1] 8/2 | | sake [2] 15/3 18/18 | 17/10 17/14 17/19 18/11 | threaten [1] 6/13 | | salary [1] 10/1 | 18/23 19/11 19/13 | till [1] 4/20 | | same [1] 7/9 | stay [5] 11/6 11/15 13/6 14/8 | time [7] 4/13 4/25 8/5 8/9 | | sanction [2] 12/25 17/9 | 14/12 | 12/4 18/21 18/22 | | sanctions [2] 12/13 13/2 | still [2] 7/22 10/15 | Times [2] 2/3 2/21 | | SARNOFF [2] 2/4 3/10 | straight [1] 4/6 | timetable [1] 18/2 | | satisfy [2] 12/22 13/25 say [7] 5/20 5/22 6/20 6/23 | Street [2] 1/11 2/17 | today [3] 16/14 16/24 17/12 | | 10/3 14/5 16/22 | STUART [2] 2/4 3/10 submit [1] 7/12 | told [1] 9/23 took [1] 4/18 | | saying [1] 7/2 | submitted [1] 14/19 | transcript [3] 20/4 20/5 | | says [3] 5/19 6/10 10/13 | subpoena [1] 9/15 | 20/10 | | second [1] 6/24 | subsequent [1] 19/12 | transferred [1] 8/3 | | Secondly [1] 15/8 | subset [1] 9/16 | transferring [1] 18/10 | | secreted [1] 8/3 | sufficient [3] 8/25 15/21 | translate [1] 11/21 | | see [2] 4/2 4/4 | 16/20 | translating [1] 3/23 | | seem [1] 13/20 | sufficiently [1] 5/3 | translation [1] 11/24 | | seen [1] 5/13 | supposedly [2] 7/7 8/18 | translator [1] 3/22 | | sell [3] 7/2 7/11 7/12 | SUPREME [1] 1/1 | transparent [1] 17/17 | | SENIOR [2] 1/25 20/13 September [3] 6/1 7/5 18/4 | sure [1] 9/8 | travel [2] 4/19 7/24 | | September 2020 [2] 6/1 7/5 | surprises [1] 10/20 | true [1] 20/10 | | sequence [1] 19/1 | suspected [1] 6/8 suspended [1] 7/1 | tweets [1] 6/25 Twitter [1] 7/1 | | several [3] 6/11 10/10 15/4 | | two [1] 12/24 | | SHAHINIAN [1] 2/19 | T | type [1] 4/14 | | shakes [1] 11/1 | take [3] 11/3 11/9 12/21 | | | shell [4] 5/12 5/14 5/17 | taken [2] 9/11 16/17 | U | | 17/17 | takes [1] 8/15 | UNA [2] 2/24 3/21 | | shield [1] 5/16 | talk [1] 5/6 | unbeknownst [1] 18/22 | | ship [20] 12/2 12/5 12/5 12/7 | tax [1] 10/10 | understand [3] 11/14 11/22 | | 12/9 12/10 12/17 12/18 12/20 | TEAMS [4] 1/10 1/13 2/1 2/23 | 18/24 | | 12/21 12/21 12/23 13/4 13/5 13/12 13/13 13/20 13/22 14/2 | technical [1] 8/14 | unequivocally [1] 18/14 | | 18/20 | tell [2] 6/18 9/18 term [1] 18/4 | unidentified [1] 8/16 United [15] 8/1 12/6 12/17 | | should [3] 9/2 10/25 19/19 | territorial [9] 13/12 14/3 | 12/18 13/12 14/3 17/3 17/5 | | show [1] 16/5 | 17/2 17/5 17/10 17/18 18/10 | 17/10 17/14 17/18 18/11 | | showing [8] 8/21 8/23 8/24 | 19/10 19/12 | 18/23 19/11 19/13 | | 9/6 13/21 16/18 17/22 18/14 | testifying [1] 9/13 | unlikely [1] 15/14 | | side [4] 5/24 8/11 9/3 10/6 | than [4] 8/25 13/21 14/3 | unsatisfied [1] 13/16 | | SIEGAL [6] 2/9 4/18 7/14 7/20 | 17/21 | until [1] 11/1 | | 7/23 14/10 | thank [6] 4/4 14/7 14/12 20/1 | unverified [1] 15/8 | | Siegel [1] 3/13 | 20/2 20/6 | upon [1] 17/3 | | simultaneous [1] 11/23 | that [105] | us [3] 9/8 9/17 9/19 | | simultaneously [1] 3/22 | that's [9] 4/23 5/20 8/22 9/7 | USA [1] 2/20 | | since [4] 6/25 7/21 9/15 9/15 | 11/1 13/17 14/5 19/4 19/18 | uses [1] 6/10 | | single [1] 10/8 situation [1] 18/25 | their [2] 4/18 6/17 | V | | slowly [1] 19/14 | them [2] 9/24 10/9 then [8] 3/7 7/3 7/11 7/25 | valid [1] 12/11 | | | | | | | | |

| V | FILED: NEW YORK COUNTY CLERK 07/29/2021 03:55 PM Y | INDEX NO. 652077/2017 | | |---------------------------------------------------------------------------------|------------------------------------------------------------------------------|-------------------------------------------|--| | Case 22-50073 Doc 440-19 NYSCEF DOC. NO. 898 value [3] 12/3 12/14 13/4 | Filed 05/25/22 Entered 05/26/22 15:30:37 yacht [13] 4/10 4/19 4/24 5/3 | Page 27 of RECEIVED NYSCEF: 07/29/2021 | | | VARTAN [8] 2/22 3/20 9/14 | 27 6/2 6/2 6/6 6/9 6/11 7/1 7/6 | | | | 9/18 9/22 9/25 10/3 15/12 | 7/24 8/7 | | | | very [2] 4/1 20/4 vessel [1] 18/23 | year [3] 4/21 4/23 12/2 Yet [1] 8/5 | | | | VIA [4] 1/10 1/13 2/1 2/23 | YORK [9] 1/1 1/2 1/12 1/12 | | | | violating [1] 4/9 | 2/4 2/8 2/12 2/17 2/21 | | | | violation [3] 12/11 12/15 17/13 | you [22] you've [1] 18/1 | | | | voyages [1] 14/2 | your [20] 3/3 3/5 3/9 3/21 | | | | W | 4/4 9/7 11/14 11/23 14/7 | | | | wait [2] 11/10 11/21 | 14/7 14/19 16/22 18/2 18/3 18/17 19/4 19/5 19/15 20/1 | | | | WAN [2] 1/6 1/7 | 20/2 | | | | want [5] 10/7 11/16 14/15 | | | | | 14/16 15/3 wanted [2] 8/1 18/25 | | | | | wants [1] 9/7 | | | | | was [23] | | | | | wasn't [3] 17/15 17/15 17/16 waters [9] 13/12 14/3 17/2 | | | | | 17/5 17/10 17/18 18/10 19/10 | | | | | 19/13 | | | | | way [5] 5/4 7/9 11/7 11/12 13/24 | | | | | we [27] | | | | | we'll [2] 11/11 18/6 | | | | | we're [3] 3/9 6/20 10/17 we've [5] 5/13 8/24 9/5 9/15 | | | | | 16/4 | | | | | weather [1] 12/7 | | | | | welcome [1] 9/8 well [8] 4/24 5/13 5/22 6/20 | | | | | 9/5 10/14 14/13 18/6 | | | | | WEN [2] 1/7 1/7 | | | | | WEN-GUI [1] 1/7 WENGUI [2] 1/7 6/10 | | | | | went [1] 10/5 | | | | | were [5] 7/6 13/11 15/15 19/9 | | | | | 20/8 what [10] 5/20 7/21 9/8 9/16 | | | | | 9/18 9/23 10/3 10/9 10/19 | | | | | 18/2 whatever [3] 5/1 10/2 17/11 | | | | | whatsoever [2] 11/19 17/12 | | | | | wheels [1] 19/14 | | | | | when [3] 4/23 15/22 16/21 where [2] 5/4 9/22 | | | | | Whereupon [1] 20/7 | | | | | whether [1] 18/19 | | | | | which [11] 10/13 10/18 12/3 12/13 12/13 15/10 15/25 | | | | | 15/25 16/3 19/6 19/14 | | | | | while [1] 11/18 | | | | | who [14] 3/6 3/12 3/22 3/22 4/1 6/10 7/14 7/16 7/19 8/17 | | | | | 14/9 15/18 15/19 16/19 | | | | | who's [1] 6/15 | | | | | why [3] 8/8 15/19 17/8 WILKINSON [2] 2/24 3/21 | | | | | will [6] 3/22 5/2 11/2 13/10 | | | | | 19/14 20/6 | | | | | winter [1] 4/20 within [1] 17/10 | | | | | won't [4] 4/17 10/11 10/12 | | | | | 18/16 | | | | | word [1] 4/19 works [1] 7/2 | | | | | would [6] 3/25 12/19 13/20 | | | | | 17/18 17/19 19/7 | | | | | wrong [2] 6/21 6/23 | | | | | | | | | | | | | |