Guo Wengui / Miles Guo — criminal case · ORDER · ECF #81-6

# EXHIBIT D

*United States v. Yanping Wang*, Case No.: S1 23-CR-118 (AT)

NYSCEF DOC. NO. 4

NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 04/30/2020

#### SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

### YANPING WANG a/k/a YVETTE WANG,

Plaintiff,

Index No.: 157786/2019

v.

XIANMIN XIONG a/k/a XI NUO a/k/a S1NO, XIA YELIANG, LI HONGKUAN, and GAO BINGCHEN a/k/a HUANG HEBIAN,

Defendants.

#### AFFIDAVIT OF YANPING WANG IN SUPPORT OF AN EMERGENCY TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION AND FINDING OF CONTEMPT AGAINST DEFENDANT XIANMIN XIONG

STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK )

YANGPING WANG, being duly sworn, deposes and says:

1. ^I am the Plaintiff in the above captioned action. ^I am ^a female adult who resides by

herself in New York County.

2. I submit this affidavit in support of an emergency temporary restraining order and a preliminary injunction. I previously sought similar relief, which was resolved through a So-Ordered Stipulation preventing DefendantXianmin Xiong a/k/a Xi Nuo ("Defendant" or "Xiong") from appearing outside my office building, residence, or in close proximity to me.

3. Defendant has now intentionally ignored this Court's prior order and has repeatedly appeared outside of office building and threatened me with death. I have reported the Defendant's latest activity to the police who have indicated that a criminal order of protection would likely be entered against defendant. ^I have requested ^a crimiñal order of protection, but the

Criminal courts have been unable to immediately assist in order to prioritize matters relating to COVID-19. Thus, ^I am also asking this Honorable Court to enter its own, narrowly tailored restraining order and perraseñt injunction against Defendant.

#### INTRODUCTION

4. Defendant is ^a male resident of New York City who has continued to harass and terrorize me and intc:±::"y ignored this Court's directives to abstain from appearing outside my office building. As explained in my prior affidavit, what began as Defeñdâñt's online carapaign of harassment toward me has now culminated in the Defendant: (i) ignoring this Court's prior Order; (ii) appeariñg outside my office building while threatening to kill me; and (iii) Defendant yelling at the Police when they arrived at the scene.

5. ^I am now asking that this court issue ^a narrowly-tailored temporary restraining order and ^a preliminary injunction to enjoin Defendant from appearing outside my office building, residence, or in close proximity to me, and to find the Defendant in conterspt of this Court's prior order based on Defendant's blatant disregard of Your Honor's prior directives.

6. Based upon conversations with the Police and District Attorney's Office, this Court is my only hope to protect me from the continued harassraent and imminent violence by Defendant.

#### BACKGROUND

7. In August 2019, ^I sought similar relief from the Court by way of an Order to Show Cause1 which requested ^a temporary restraining order and preliminary injunction against the Defendant to prvent his continued campaign of harassment against me (the "Prior Request"). In connection with the Prior Request, I submitted an affidavit2 (the "Prior Affidavit"). For the sake

¹ See NYSCEF Doc. No. 2.

² See NYSCEF Doc. No. 3

of brevity, I full adopt and iñcorporate by reference the Prior Affidavit and its Exhibits. However, some of the details outlined in my Prior Affidavit bear re-emphasizing.

8. Defendant Xiong's campaign to terrorize me began with his repeated amd malicious posting of false and defamatory material about me on social media platforms. For months, Defendant has engaged in this online campaign of harassment and terror.

9. Defendant's defamatory posts and false and heinous statements include, but are not limited to, the following:

- a. That I, a married woman, had an extramarital sexual relationship with another man. - b. That I had sex with a male work colleague and that an audio recording of us having sex exists. - c. That I have been raped and sexually assaulted by a male work colleague. - d. That I have destroyed evidence related to a legal proceeding.

10. Defendant made these false allegations knowing they were false and with the malicious intent to destroy my reputation and harass me.

11. In the Prior Affidavit, I explained how Defendant's online campaign to harass and defame me had inexplicably intensified with Defendant's in-person death threats against me.3 This included Defendant's in-person statcmcats to me while outside of ^a New York County Supreme Court courtroom that:

- a. "You will be killed in a car accident." - b. "You will never see vour child or your husband again." - c. "You are throwing your life away"

³ See NYSCEF Doc. No. 3, ¶8-21.

13. Defendant's death threats placed me in fear of my life. And while I initially tried to ignore Defendant hoping that he leave an innocent woman alone, Defendant persisted. As such, I made the Prior Request, in addition to filing an official complaint with the New York City Police Department.

14. The Prior Request was resolved by a stipulation this Court So-Ordered (the "Prior Order").4

15. The Prior Order prevented Defendant appearing or lingeriñg outside my place of work except for "brief or innocent passings."

#### DEFENDANT HAS BLATANTLY IGNORED THE PRIOR ORDER AND CONTINUES\_]O MAKE DEATH THREATS AGAINST ME

16. In blatant disregard of the Prior Order, Defendant has now on several occasions, appeared outside my office and continued to make death threats against me.

17. On April 6, 2020, Defendant appeared outside my office. ^I went to the office that day to arrange for charitable donations of personal protective equipment to be made to the local police, hospitals, and essential workers treating patients for COVID-19.5 ^I arrived at my office around 9:45 a.m. where I met my colleague Max. After getting donatión materials organized into boxes, we went to bring them outside only to see Defendant standing outside of my office taking

... --

⁴ See NYSCEF Doc. No. 20.

⁵ Part of my job inchdes assisting in running two charitable organizations, which have been working with the ¹⁹⁵ Police Precinct in New York City to distribute masks, gloves, hand sanitizers and disinf~+an+c to the assetntial workers treating patients suffering from COVID-19.

pictures and videos of me, as evidenced by the below photo. Defendant was yelling "if you conti.x to work for Miles Kwok you'll be dead!"

**FILED: NEW YORK COUNTY CLERK 04/30/2020 12:56 PM** INDEX NO. 157786/2019 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 04/30/2020


18. Fearing for my safety and well-being, ^I called the New York City Police Department, and filed ^a police report.6 The police who arrived at the scene obsciwd Defendant acting in a acñacing manner, as seen in the below photo. Even after the police arrived, Defendant continued to yell at me. I understand that the police are conducting an ongoing investigadon into Defendant's conduct.


⁶ ^A copy of the Police Report is attached as Exhibit A.

19. The police directed Xiong to leave inilliediately after ^I showed them ^a copy of the Prior Order. However, I still fear for my safety and well-being because I have now learned that Defendant directed his colleagues to appear outside of my office with him and that this was not the only incident of Defendant's blatant ignorance of the Prior Order.

20. On the same date as this latest incident, after the Police arrived outside my office, I observed Defendant make a phone call and requested someone to "meet him at the location." Within minutes, another individual - whom ^I understand to be working in concert with Defendant - appeared outside my office and began talking photographs of me and yelling at me, as seen by the photo below.


#### DEFENDANT HAS CONTINUED TO APPEAR AT MY OFFICE AND ENCOURAGES OTHERS TO DO SO ON SOCIAL MEDIA

21. As if showing up outside my office and threatening me with death again were not enough, ^I have now learned that Defendant has been showiiig up outside my office, taking and posting photos on social media, and encouraging his colleagues to come and do the same in an effort to scare and harass me.

22. Specifically, on April 8, 2020 – two days after I filed a police report because of Defendant's death threats - Defendant posted ^a photo on Twitter outside of my office building and stated the following: "New gear to meet the challenge":


下午4:59 · 2020年4月8日 · Twitter for iPhone

23. On Saturday April 4, 2020 – two days before the latest incident that required polic interventicñ - Defendant came to my office building, took pictures of my office including through the first floor window - and posted them on Twitter:

## NYSCE DOC. NO. 46388 L.23-07-00118-AT DOCUMENT 81-0 Filed Color INDEX NO. 1571867012012020


24. On April 6, 2020, Defendant posted a video on Twitter, explaining to his tens of thousands of followers that he was outside of my office building and was encouraging others to come there with him. In the video, Defendant is pointing at my office and states: "Their end is near!"


1:40 PM - Apr 6, 2020 - Twitter for iPhone

60 Retweets 255 Likes

25. In addition, Defendant particapted in a post on one of his colleague's social media accounts where they callcusly discuss the fact that they have futures plans to continue and, possibly escalate, Defendant's threats upon my person and my life.

26. ^I understand from my attorney Xiong's actions are in violation of the Prior Order and would mean that he is in contempt of Your Honor's Prior Order.

27. Additionally, Defendant has done all of this in direct violation of the Governor's "Stay-at-home" order. ^I believe this is because he has considered the fact that there will be less people at my work, making me more susceptible to intimidation and potential assault.


#### CONCLUSION

Thus, for the reasons set forth above and for those detailed in the accompanying papers, I am now seeking an Order (i) holding the defendant in contempt of the Prior Order and (ii) ^a temporary restraining order and preliminary iñjüñetion to enjoin the Defendant from appearing outside my office building, residence or in close proximity to me and to enjoin the Defendant from issuing death threats agaiñst me, whether in person or otherwise.

YANPIND WANG

Subscribed and Sworn to before me on this ate of April 2

OTARY P BLIC

DANIEL THOMAS PODHASKtE Notary Public, State of New York Reg. No. 02PO6394578 Quallfied in Queens County Commission Expires July 8, ²⁰²³

## EXHIBIT A

FILED: NEW YORK COUNTY CLERK 04/30/2020 12:56 PM INDEX NO. 157786/2019NYSCEF DOC. No. 81-6 FILED: 06/05/23 Page 13 of 14 NYSCEF: 04/30/2020**NEW YORK STATE** **DOMESTIC INCIDENT REPORT**

| Agency | NYPD | Date Reported | 04/30/2020 | Time Reported (24 hours) | 1112 | Complaint # | | |----------------------|------------|----------------------------|------------|--------------------------|-------------------------------------------------|-------------|--| | Date Occurred | 04/30/2020 | Time Occurred (24 hours) | 1100 | Type | [X] Officer Initiated [ ] Radio Run [ ] Walk-in | | | | Location of Incident | | 100 PARK ROW, NY, NY 10038 | | | | | |

A

| Name (Last, First, MI) | | XIAOMIN XION | Age | 49 | Gender | [ ] Female [X] Male | |------------------------|--|-----------------|----------------------|-------------------------------------------------------------------------|--------------------------|---------------------| | Address | | 18 CATS XIONMIN | Suspect Phone Number | | Self-Identified Language | | | City, State, Zip | | NY 11354 | Race/Ethnicity | [ ] White [ ] Black [X] Asian [ ] Hispanic [ ] Non Hispanic [ ] Unknown | | | | | | | | [ ] American Indian [ ] Other [ ] Other Identifier: | | |

Suspect (P2) Relationship to Victim (P1)[ ] Married [ ] Intimate Partner/Dating [ ] Formerly Married [ ] Former Intimate Partner [X] Other: UNL.

| Do the suspect and victim live together? | [ ] Yes [X] No | Do the suspect and victim have a child in common? | [ ] Yes [X] No | |------------------------------------------|----------------|---------------------------------------------------|----------------| |------------------------------------------|----------------|---------------------------------------------------|----------------|

Victim Interaction

| Emotional condition of VICTIM? | [X] Upset [ ] Nervous [ ] Crying [ ] Angry [ ] Other: | |--------------------------------|-------------------------------------------------------| |--------------------------------|-------------------------------------------------------|

What were the first words that VICTIM said to the Responding Officers at the scene regarding the incident? THIS GUY HAS BEEN HARRASSING ME

| Did suspect make victim fearful? | [X] Yes [ ] No If yes, describe: | | | |----------------------------------|----------------------------------------------------|------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------| | Weapon Used? | [ ] Yes [X] No Gun [ ] Yes [X] No Other, describe: | Suspect Threats? | [X] Yes [ ] No If yes, Threats to: [ ] Victim [ ] Child(ren) [ ] Pet [ ] Commit Suicide [X] Other Describe: | | Access to Guns? | [ ] Yes [X] No If yes, describe: | Strangulation? | [ ] Yes [X] No [ ] Loss of Consciousness [ ] Urination/Defecation [ ] Red eyes/Petechia [ ] Sore Throat [ ] Breathing Changed [ ] Difficulty Swallowing | | Injured? | [ ] Yes [X] No If yes, describe: | Visible Marks? | [ ] Yes [X] No If yes describe: | | In Pain? | [ ] Yes [X] No If yes, describe: | | |

What did the SUSPECT say (Retaliate and After Me)? HIS PEOPLE IS HOLDING A LOT OF MASKS

| 710.30 completed? | [ ] Yes [X] No | |-------------------|----------------| |-------------------|----------------|

Briefly describe the circumstances of this incident. P1 STATED P2 PARKED HIS VEHICLE OUTSIDE P1'S RESIDENCE TAKING PHOTOS AND VIDEOS OF HER AND YELLING THAT IF SHE CONTINUE WORKING AT NOTED LOCA SHE WILL BE DEAD. NO RELATIONSHIP BETWEEN THE PARTIES. UNL. IF ACCESS TO WEAPONS. UNL. MASKS/HUMANE P2 HANGS OUT P2 DRIVES A TOYOTA OF P1'S SOCIAL MEDIA: XIAOMING XION, JED SINGS.

| DIR Repository checked? | [X] Yes [ ] No | Order of Protection Registry checked? | [X] Yes [ ] No | Order of Protection in effect? | [ ] Yes [X] No | [ ] Refrain [ ] Stay Away | |-------------------------|----------------|---------------------------------------|----------------|--------------------------------|----------------|---------------------------| |-------------------------|----------------|---------------------------------------|----------------|--------------------------------|----------------|---------------------------|

| Evidence Present? | [X] Yes [ ] No | Photos taken: | [X] Yes [ ] No | Victim Injury | [ ] Yes [ ] No | Suspect Injury | [ ] Yes [ ] No | |---------------------|----------------|------------------|----------------|-------------------|----------------|--------------------------|----------------| | Other Evidence: | [X] Yes [ ] No | Damaged Property | [ ] Yes [ ] No | Videos | [X] Yes [ ] No | Destruction of Property? | [ ] Yes [X] No | | Electronic Evidence | [ ] Yes [ ] No | Other: | [X] Yes [ ] No | If yes, Describe: | | | |

| Offense Committed? | [X] Yes [ ] No | Was suspect arrested? | [ ] Yes [X] No | Offense 1 | | Law (e.g. PL) | | Offense 2 | | Law (e.g. PL) | | |--------------------|----------------|-----------------------|----------------|-----------|--|---------------|--|-----------|--|---------------|--| | If no, explain: | | | | | | | | | | | |

M/COMPLAINANT COPY3221-03/2016 DCJS Copyright © 20NYS DOMESTIC AND SEXUAL VIOLENCE HOTLINE 1-800-942-6906

INDEX NO. 157786/20194 of 14

| Agency: | <i>NYPD</i> | Incident #: | <i>2020-04-26-01326</i> | Complaint #: | | |------------------------------------------------------------------------------------|-------------|-------------|-------------------------|--------------|--| | Describe Victim's prior domestic incidents with this suspect (Last, Worst, First): | | | | | | | | | | | | |

If the Victim answers "yes" to any questions in this box refer to the NYS Domestic and Sexual Violence Hotline at 1-800-942-6906 or Local Domestic Violence Service Provider: ( )

| Has Suspect ever: | | Is suspect capable of killing you or children? | [X] Yes [ ] No | |------------------------------------------|----------------|--------------------------------------------------------------------------------------|----------------| | Threatened to kill you or your children? | [ ] Yes [X] No | Is suspect violently and constantly jealous of you? | [ ] Yes [X] No | | Strangled or "choked" you? | [ ] Yes [X] No | Has the physical violence increased in frequency or severity over the past 6 months? | [ ] Yes [X] No | | Beaten you while you were pregnant? | [ ] Yes [X] No | | |

| Is there reasonable cause to suspect a child may be the victim of abuse, neglect, maltreatment or endangerment? | [ ] Yes, [X] No | |-----------------------------------------------------------------------------------------------------------------|-----------------| | If Yes, the Officer must contact the NYS Child Abuse Hotline Registry # 1-800-635-1522. | |

| Was DIR given to the Victim at the scene? [ ] Yes [ ] No If NO, Why: | | Was Victim Rights Notice given to the Victim? | [X] Yes [ ] No If NO, Why: | |----------------------------------------------------------------------|--|-----------------------------------------------|----------------------------| |----------------------------------------------------------------------|--|-----------------------------------------------|----------------------------|

| Reporting Officer (Print and Sign Include Rank and ID#) | <i>P. MARTINEZ 96128</i> | Supervisor (Print and Sign Include Rank and ID#) | | |---------------------------------------------------------|--------------------------|--------------------------------------------------|--| |---------------------------------------------------------|--------------------------|--------------------------------------------------|--|

**STATEMENT OF ALLEGATIONS/SUPPORTING DEPOSITION**

*\*Officers are encouraged to assist the Victim in completing this section of the form.*

| Suspect Name (Last, First, M.I.) | | |----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--| | I <i>Yanping Wang (Yvelle)</i> (Victim/Deponent Name) state that on <i>04-26-2020</i> (Date of incident) in the County/City/Town/Village | | | at <i>62 East 6th Street New York NY</i> (Location of incident) in the County/City/Town/Village of the State of New York, the following did occur: | | | <i>I started to pack our donation packages around 9:40 am this morning with my colleague Max. I tried to go out from entrance and found that Xian Min Xiong parked his car right in front of my private building where I live and work both. Xiong started to take photos and videos of me again as before. He was yelling at me saying if you continue work for Miles Kuok, you'll be done in way. No Relationship between the parties.</i> | | | <div style="text-align: right;">(Use additional page)</div> | |

**False Statements made herein are punishable as a Class A Misdemeanor, pursuant to section 210.45 of the Pen**

| Victim/Deponent Signature: <i>(Signature)</i> | Date: <i>04/26/2020</i> | <b>Note:</b><br>Whether or not this form is signed, this DIR Form will be filed with Law Enforcement. | |----------------------------------------------------------------------|-------------------------|-------------------------------------------------------------------------------------------------------| | Witness or Officer Signature: <i>(Signature)</i> | Date: <i>4/6/2020</i> | | | Interpreter Signature and Interpreter Service Provider Name | Date | | | Interpreter Requested [ ] Yes [ ] No Interpreter Used [ ] Yes [ ] No | | |