---
type: court_doc
id: "court_sdny_721_0"
court: "SDNY"
case_no: "23-cr-00118"
doc_number: 721
doc_type: "ORDER"
filed_date: "2025-08-14"
lang: "en"
machine_translated: false
url: "https://mubeitech.com/en/court/court_sdny_721_0"
json_url: "https://mubeitech.com/api/court/court_sdny_721_0"
---
# Guo Wengui / Miles Guo — criminal case · ORDER · ECF #721

**Notice of Voluntary Dismissal of Third-Party Petition —— United States v. Ho Wan Kwok (a/k/a Miles Guo, Guo Wengui), SDNY Case 1:23-cr-00118, ECF #721 (filed August 14, 2025). Petitioner, represented by counsel, voluntarily dismisses the third-party petition filed on April 3, 2025 (ECF No. 536) to adjudicate petitioner's interest in forfeited property and amend the preliminary order of forfeiture, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i).**


UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA

- v. -

YVETTE WANG a/k/a "Yanping," a/k/a "Y,"

Defendant.

NOTICE OF VOLUNTARY DISMISSAL OF THIRD-PARTY PETITION TO ADJUDICATE PETITIONER'S INTEREST IN FORFEITED PROPERTY AND TO AMEND THE PRELIMINARY ORDER OF FORFEITURE - VERIFIED CLAIM OF

S4 23 Cr. 118 (AT)

Petitioner (the "Petitioner") hereby gives notice, pursuant to Fed. R. Civ.

P. 41(a)(1)(A)(i)1, of the voluntary dismissal of Petitioner's ancillary petition (the "Petition") filed on April 3, 2025 (ECF No. 536). Because the United States has not served an answer nor filed a dispositive motion with respect to the Petition, dismissal by notice is proper and does not require a court order.

[SIGNATURE PAGE TO FOLLOW]

1 At least one Federal Circuit Court of Appeals has held that ancillary petitions relating to forfeiture proceedings are civil actions, and therefore proceed subject to the Federal Rules of Civil Procedure. See United States v. Peck, 139 F.4th 1158, 1166 (10th Cir. 2025) ("But ancillary proceedings are not treated like criminal cases. The Federal Rules of Criminal Procedure treat ancillary proceedings according to the rules applicable in civil cases."). As such, Petitioner fashions this notice of dismissal pursuant to Fed. R. Civ. P. 41.

Dated: August 14, 2025 Respectfully submitted,

Respectfully submitted,

/s/ Jeffrey S. Gavenman Jeffrey S. Gavenman, Esq. Jeremy W. Schulman, Esq. SCHULMAN BHATTACHARYA, LLC 6116 Executive Boulevard, Suite 425 North Bethesda, MD 20852 (240) 356-8550 [jgavenman@schulmanbh.com] [jschulman@schulmanbh.com]

Counsel for Petitioner