Guo Wengui / Miles Guo — criminal case · PETITION · ECF #653

METADATA

Defendant: Guo Wengui / Miles Guo / Ho Wan Kwok
Court: SDNY
Case No.: 23-cr-00118
ECF #: 653
Type: PETITION

FULL TEXT

| UNITED STATES DISTRICT COURT SOUTHERN | PETITION UNDER FED. R. CRIM. P. 32.2 AND 21 | |------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------| | DISTRICT OF NEW YORK | U.S.C. § 853(n) FOR ADJUDICATION OF | | | PETITIONER'S RIGHT TO SPECIFIC PROPERTY OF | | - - - - - - -- - - - - - - - - - - - - - - - - - - - - - x | [\$120,030.00] | | UNITED STATES OF AMERICA | | | | | | - v.- | | | | | | HO WAN KWOK, a/k/a "Miles Guo," a/k/a "Miles | S1 23 CR 118 (AT) | | Kwok," a/k/a "Guo Wengui," a/k/a "Brother | | | Seven," a/k/a "The Principal," KIN MING JE, a/k/a | | | "William Je,"and YANPING WANG, a/k/a "YvePe," | | | | | | Defendants. | | | - - - - - - - - - - - - - - - - - - - - - - - - - - - - x | |

I, Lingli Li (the "Peaaoner"), pursuant to 21 U.S.C. § 853(n) and Rule 32.2(c) of the Federal Rules of Criminal Procedure, herby respeceully peaaons the Court for a determinaaon of the Peaaoner's interest in specific property subject to the Court's Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment, signed by Your Honor on January 6, 2025 and entered on January 7, 2025, (the "Forfeiture Order") which includes various bank accounts ("Forfeited Accounts"), Dkt. 488, to exclude all property in which the Peaaoner has right, atle, and interest, namely, \$120,030.00 (the "Property"). In support hereof, the Peaaoner states as follows:

1. Between 2020 to 2021, I, the Peaaoner wired \$120,030.00 in total to paracipate in the projects.

2. I, the Peaaoner transferred U.S. currency to the Forfeited Accounts as below :

3. On October 20, 2020 – Sent \$50,000.00 via Order Number GC2010171852241 to G|CLUBS for Iniaal Membership Payment (G|CLUBS membership). Funds transferred into Account Number MBI10103-000 at Mercanale Bank Internaaonal, held in the name of "G Club Internaaonal Ltd." and seized by the Government on or about October 16, 2022 (23-FBI-000287).

4. (1) On January 15, 2021 – Sent \$10,000.00 via Order Number RC 210115233501 to G|CLUBS or Iniaal Membership Payment. Funds transferred into Account Number MBI10103-000 and seized on October 16, 2022 (23-FBI-000287).

(2) On January 15, 2021 – Sent \$10,000.00 via Order Number DF 2101142359381 to G|CLUBS or Iniaal Membership Payment. Funds transferred into Account Number MBI10103-000 and seized on October 16, 2022 (23-FBI-000287).

(3) On January 15, 2021 – Sent \$10,000.00 via Order Number ZN 2101152206351 to G|CLUBS or Iniaal Membership Payment. Funds transferred into Account Number MBI10103-000 and seized on October 16, 2022 (23-FBI-000287).

5. On March 18, 2021 – Sent \$40,030.00 via Order Number KU2103181807311 to G|CLUBS for Iniaal Membership Payment. Funds transferred into Account Number MBI10103 000 and seized on October 16, 2022 (23-FBI-000287).

| Transaction Type | Wire number | Total Amount | Payment Method | Recipient | Asset ID | |---------------------|---------------------------------------------------------------------------------------------|----------------------------------------------------------|---------------------------------------------|-----------|-------------------| | Membership | GC2010171852241 RC 210115233501 DF2101142359381 ZN2101152206351 KU2103181807311 | \$50,000 \$10,000 \$10,000 \$10,000 \$40,030 | Wiring check check check Wiring | G-club | 23-FBI- 000287 |

6. I the peaaoner never received any funds or investment back from the investments before they were seized by the government, having now suffered a total of unrecovered funds of my \$120,030.00 investment.

7. I, the peaaoner, was not consulted prior to the entry of the Forfeiture Order. Peaaoner had no knowledge that Defendant Wang consented to forfeit the Property. I invested in G|CLUBS to support the Whistleblower Movement which is led by Miles Guo. I believe that Mr. Guo is an honest person. He is simply doing the right thing to take down the CCP.

8. As an owner of the above listed assets, I, the peaaoner, has an interest in the Property which Defendant Wang had no authority to agree to forfeit. Rather, Peaaoner has a superior interest in the Property which cannot be the subject of the Forfeiture Order relaang to Defendant Wang.

9. I was not involved in, nor did I have any knowledge of the Defendants' acaviaes. Accordingly, I am also an innocent third party pursuant to 21 U.S.C. § 853(n). Any third party "asserang a legal interest in property which has been ordered forfeited to the United States pursuant to this secaon may... peaaon the court for a hearing to adjudicate the validity of his alleged interest in the property." 21 U.S.C. § 853(n)(2). The peaaon, which is sworn and signed by the me, "shall set forth the nature and extent of the peaaoner's right, atle, or interest in the property, the ame and circumstances of the peaaoner's acquisiaon of the right, atle, or interest in the property, and addiaonal facts supporang the peaaoner's claim, and the relief sought." Id. § 853(n)(3).

10. Here, I, the peaaoner is the lawful owner of the Property.

11. Alternaavely, Peaaoner is a bona fide purchaser for value of my interest in the Property under 21 U.S.C. § 853(n)(6)(B).

12. Peaaoner was made aware of the Order of Forfeiture by viewing it at www.forfeiture.gov (which was published from February 6, 2025 through March 7, 2025) noang that: "pursuant to Title 21, United States Code, Secaon 835(n), persons other than the defendant who wish to assert a legal interest in property that has been ordered forfeited to the United States must file a peaaon for a hearing to adjudicate the validity of their alleged interest in the property with the Court within thirty (30) days of the final publicaaon of noace, or receipt of actual noace, whichever is earlier."

13. Peaaoner has filed this peaaon within 60 days of the iniaal publicaaon of noace.

WHEREFORE, Peaaoner respeceully requests and peaaons this Court: a. to amend the Forfeiture Order to exclude the Property in which Peaaoner has a righeul interest as an innocent third party, superior interest, and/or a bona fide purchaser for value. b. A hearing pursuant to 21 U.S.C. § 853(n) on any disputed maPers. c. Compensaaon for the value of Peaaoner's interest if the Peaaon is denied; d. Any other relief the Court deems just and proper.

Dated: April 06, 2025

Respeceully SubmiPed,

Lingli Li

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Signature

## VERIFICATION

I aPest and declare under penalty of perjury that my peaaon is not frivolous, and the informaaon provided in support of my peaaon is true and correct to the best of my knowledge and belief. Executed on April 06, 2025, in Dallas, TX, USA. Phone Number: 352-281-0055

Lingli Li

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Signature