Guo Wengui / Miles Guo — criminal case · ECF #838

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 1 of 54

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To the Honorable Judges of the Second Circuit:

Petitioner, Mia Yang(reaIname:_), appearing pro se, respectfully petitions this Court for a Writ of Mandamus directed to the United States District Court for the Southern District of New York. Petitioner seeks an order compelling the Clerk of the Court and/or the Presiding Judge to formally docket and adjudicate Petitioner's motions filed pursuant to the Crime Victims' Rights Act (CVRA), 18 U.S.C. §3771, and the Mandatory Victims Restitution Act (MVRA), 18 U.S.C. § 3663A. Despite multiple inquiries and a "Motion to Compel Docketing," the District Court has failed to perform its ministerial duty to docket these filings, thereby violating Petitioner's statutory rights and causing irreparable harm through the potential loss of claims.

On 03/08/2026 and 03/29/2026 1 Petitioner submitted motions and corrected motions To the SDNY amend the 4/7/2025 remission filing with the DOJ and to formally assert Petitioner's statutory rights for the restoration of invested funds. Additionally, on October 14, 2025, Petitioner filed a petition pursuant to 21 U.S.C. § 853(n) asserting a legal interest in property subject to forfeiture. As of the date of this filing, the District Court has failed to docket this petition or provide any response, effectively barring Petitioner from asserting ownership rights over the subject assets. Despite these submissions being delivered via Email and Mail , the Clerk of the Court has failed to enter them into the official Electronic Case Filing (ECF) system. Petitioner sent inquiries email on 04/06/2026,they responded that THERE DOES NOT APPEAR TO BE ANY SUBMlSSlONS ON THE DOCKET FOR THIS DATE 1 then Petitioner filed a "Motion to Compel Docketing" on 04/08/2026 and , it have been ignored. The failure to docket these motions prevents the Petitioner from exercising their fundamental rights to notice, restitution, and participation in the judicial process.

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 2 of 54 A. The District Court has a Clear Legal Duty to Docket Filings. Under the CVRA, the court "shall decide any motion asserting a victim's right" and shall do so "forthwith." 18 U.S.C. § 3771(d)(3). By refusing to even docket the motion, the District Court is effectively denying Petitioner the right to be heard without a record, which is an abuse of discretion and a violation of due process. B. Petitioner's CVRA and MVRA Rights are at Risk of irreparable Loss. The CVRA and MVRA grant victims the right to "full and timely restitution." 18 U.S.C. § 3771(a)(6). As the underlying criminal proceedings progress toward [Sentencing/Final Judgment], the failure to docket these motions creates a high risk that Petitioner's rights will be permanently extinguished or "lost" due to the finality of the court's upcoming orders. C. No Other Adequate Remedy Exists. Petitioner has exhausted all administrative and lower-court avenues, including informal inquiries and a formal motion to compel in the District Court. Mandamus is the only remaining vehicle to ensure the District Court complies with its statutory obligations. D. The Failure to Docket the §852~(n) Petition Threatens an irreparable Deprivation of Property. "Under 21 U.S.C. § 853(n), a person asserting a legal interest in forfeited property must be heard in an ancillary proceeding. By refusing to docket the October 14, 2025 filing, the District Court is proceeding toward final forfeiture without adjudicating Petitioner's claims. This inaction constitutes a violation of the mandatory statutory scheme and Petitioner's Fifth Amendment Due Process rights, as it risks the permanent loss of Petitioner's property without a day in

E.The Failure to Docket Compromises the Integrity of the Judicial Record. "The Clerk's failure to docket Petitioner's timely filings creates a 'silent record,' effectively shielding the District Court's inaction from appellate oversight. This omission prevents the formation of a complete and accurate record of the proceedings, which is essential for due process. Without a complete docket, Petitioner is stripped of the ability to preserve issues for appeal and faces the imminent risk of a final judgment issued on a fundamentally incomplete record.

Petitioner respectfully requests that this Court: Issue a Writ of Mandamus directing the SDNY to docket Petitioner's CVRA and

Order the District Court to adjudicate the motions on their merits within the timeframe required by 18 U.S.C. §3771(d)(3), Grant any other relief this Court deems just and proper.

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 3 of 54 The undersigned, _ d e c l a r e s under penalty of perjury that the foregoing is true and correct to the best of Petitioner's knowledge and belief. Executed on April 16, 2026, in _United Stase of Aemerica

Exhibit A: proof of service/submission of the 21 U.S.C. § 853(n) Petition dated October 14, 2025. Exhibit B:receipt of mailed to the SDNY Clerk's Office CVRA petition dated March

Exhibit C:EmaiI sent to the SDNY Clerk's Office CVRA Petition dated March 28,2026 / March 29,2026 . Exhibit D:Email from the Clerk's Office stating that the submission does not appear on

Exhibit E:Email correspondence sent to the SDNY Clerk's Office requesting the docketing of the aforementioned filings. Exhibit F:The Amended Motion submitted to the SDNY on March 29, 2026.

By:

Real Name:

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 4 of 54 Exhibit A: proof of service/submission of the 21 U.S.C. § 853(n) Petition dated October 14, 2025. Gmai!

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Exhibit B: receipt of mailed to the SDNY Clerk's Office CVRA Petition dated

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 5 of 54 Exhibit C: Emails sent to the SDNY Clerk's Office CVRA Petition dated March

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Upon review ldiscovered errors in the original Ming wafer the doarrnent has not yet been aocketec. I am reaching al Rcptace the current its watt: the corrected version attadwe 1 have attadled one corrected document lwuth the proper inconvenience this overnight may have caused.

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Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 6 of 54

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Exhibit D:

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Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 7 of 54

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There does not appear cm be army submissions on the docket for this date,

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Exhibit E:EmaiI correspondence sent to the SDNY Clerk's Office requesting the docketing of the aforementioned filings.

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Auacfwea please find a Letter-motion to Compel Dockellngregarding a document I submitted on 03/29/2026. Please fer me know If any \*Jrther.act1on vs required.

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Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 8 of 54

HO WAN KWOK, a/k/a"Miles Guo, " a/k/a "Miles Kwok , " a/k/a " Guo Wengui, " a/k/a "Brother Seven," a/k/a "The Principal ,"KIN MING IE , a/k/a "William Ie, " and YANPING WANG ,a/k/a "Yvette,"

Petitioner Mia Yang(real name _ ) , appearing pro se, hereby submits this Amended Filing to correct the prior record and to formally assert Petitiorrer's statutory rights for the restoration of invested funds I. CORRECTION OF RECORD AND STATEMENT OF LIMITED PURPOSE t, Procedural Correction: Petitioner previously submitted an Ancillary Petition and a Petition for Remission to this court and DOJ on or about April 7, 2025, As a Chinese national with limited proficiency in the English language and no formal training in United States federal criminal procedure, Petitioner's prior filings contained characterizations based on a fundamental misunderstanding of the complex legal terminology. Petitioner hereby submits this Amended Filing to properly characterize Petitioner's legal status in accordance with the current phase of the proceedings. 2, Limited Purpose of Status: Petitioner now asserts their standing as a victim entitled to restitution under the MVRA o Petitioner asserts the status of a "victim" solely for the procedural necessity of establishing standing to seek restitution under the Mandatory Victims Restitution Act (MVRA), 18 U.S.C. § 3663A. This appearance is strictly for asset recovery and is NOT a request for, or consent to, any sentencing enhancement for the Defendants. Petitioner expressly requests that the Court and the Government refrain from including Petitioner in any "victim count" intended to increase the Defendants' term of imprisonment and include the applicant's investment amount in the total loss. II. BASIS FOR RELIEF AND EXPLANATION OF PRIOR FILINGS 1, Reliance on Himalaya Alliance Guidance: Petitioner's prior use of the "Section ill - Victim Petition" template was based on legal guidance of the NFSC Alliance. Petitioner was Eed to believe that, following the conclusion of the criminal trial, the legal classification of an "investor" has been de facto established by the Government as a "victim" for the sole purpose of asset restoration. To the best of Petitioner's knowledge, the vast majority of G-series investors reside in China, possess limited proficiency in the English language, furthermore, acting under the misleading influence of the 'Himalaya Alliance,' most of investors submitted Petitions for Remission in April 2025. 2. Adoption of Standardized Templates: Petitioner adopted the provided templates-including the declaration of pecuniary loss-as a required means to facilitate the return of Petitioner's frozen investments. Petitioner maintained the belief, based on Himalaya Alliance assurances, that asserting this status for the purpose of a claim would not adversely impact the legal positions of Miles Guo . 3, Assertion of Superior Interest: Consistent with the logic of 21 U.S.C. § 853(n)(6)(A), Petitioner maintains that the S represents Petitioner's own legitimate funds which should be excluded from final forfeiture and returned as restitution.ln the alternative, Petitioner maintains a superior legal interest in the subject funds pursuant to 21 U.S.C. §853(n)(6)(A).

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 9 of 54 Petitioner claims a total pecuniary loss of $ 961820.49, comprising investments in G-Club, Farm Loans, G-Fashion, along with accrued interests. Pursuant to the Mandatory Victims Restitution Act (MVRA), Petitioner hereby asserts their right to receive full restitution from all identified co-conspirators, including but not limited to Yanping Wang, Xuebirig Wang, Qidong Xia, and Jianming Yu, whose concerted actions directly and proximately caused Petitioner's financial injury.who shall be held jointly and severally liable for the Petitioner's losses. A. G-Club Memberships $ _10.500..00 - Asserted

C. Gfashion $ i .654.77 ........- Asserted D. contracted interests of above-mentioned principle $ 132,578.72 -- Asserted (Basis: Calculated pursuant to the fixed interest rates stipulated in the respective ihvestment/Ioan agreements with the G-series entities prior to the government's intervention.)

1. 2. 3. 4. 5. Innocent Owner: The Government's broad seizures have prevented G-series entities from functioning, harming bona fide investors like Petitioner. Petitioner's investments were made lawfully prior to Miles Guo's March 2023 indictment. Petitioner had no knowledge of or participation in the defendants' alleged crimes. Under 18 u.s.c. § 983(d), Petitioner qualifies as an innocent owner, entitled to property return. Entitlement to Contractual Interest: the $132,578.72 claimed as interest is not speculative, rather, it represents the liquidated damages and contractual returns explicitly promised under the terms of the Petitioner's investment agreements. Under the MVRA, restitution should 'make the victim whole,' which includes the time-value of money as defined by the parties' underlying contracts. Petitioner's loss includes the deprivation of these contractually mandated gains. Lack of Notice: a) Petitioner received no constitutionally sufficient notice and had no meaningful opportunity to be heard from the Government (DOJ, SEC) and bankruptcy trustee Luc A. Despins of Paul Hastings regarding Petitioner's investments. b) CVRA "victim" status imposed by the Government -Petitioner's assertion of victim status is predicated upon the Government's theory of the case and the Court's prior findings, and is made solely to facilitate the mandatory restitution process, the Petitioner's reliance on the CVRA in this filing is a measure of last resort necessitated by the current procedural posture of the asset forfeiture proceedings. Petitioner's express objection to the use of this filing for any sentencing enhancement purposes.

Petitioner was not notified of the bankruptcy proceedings or the inclusion of Petitioner investment in the bankruptcy estate in Case No. 22-50073, bankruptcy trustee Luc A. Despins of Paul Hastings. Improper Prioritization: In Trustee Case No. 22-50073, u.s. Bankruptcy Court, District of C`lj the Bankruptcy Court allowed third-party claimants to assert claims over Petitioner assets, ignoring the criminal forfeiture exemption under 11 u.s.c. § 362(b)(4). Lack of Transparency: The bankruptcy trustee, Luc A. Despins of Paul Hastings, has not disclosed full creditor list or asset distribution plan in Case No. 22-50073, hindering Petitioner ability to protect Petitioner investment rights.

Petitioner respectfully requests that the Court: 1 v Accept this Amended Filing as the operative document, superseding all prior declarations, Recognize Petitioner's right to mandatory restitution under 18 U.S,C. § 3663A, Adjudicate the return of $ 961820.49 to Petitioner;

Grant privacy protection under Fed. R. Crim. P. 49.1, permitting Petitioner to tile an Unredacted Identity Declaration and to maintain this petition in redacted public form, and Grant such other and further relief as the Court deems just and proper.

Petitioner certifies that on March 28, 2026, Petitioner submitted this filing to the Court's Pro Se intake for

.......... ........ Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 10 of 54 2, via email ProSe Julian.murray@usdoj.gov

correct to the best of Petitioner's knowledge and belief. Executed on March 28 , 2026, in United States of Aemerica

declares under penalty of perjury that the foregoing is true and

Exhibit 1 - Unredacted Identity Declaration (Filed under seal) b . Exhibit 2 - Property/Investment/Assets Records (Redacted public set) c. Exhibit 3 - Remittance Records for Each Project (Wire Transfer Receipts ),Proof of Investment

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Exhibit 1 - Unredacted Identity Declaration (Filed under seal)

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 11 of 54 Exhibit 2 - PropertyflnvestmentlAssets Records (Redacted public sets

I , All my investment is summarized in the following table for convenience:

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Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 12 of 54 Interest Calculation Summary (As of March 7, 2026) Interest Rate: 3% per annum (Simple Interest) Calculation Method: Actual days counted / 365

3. Phoenix farm loan transferred to MOS farm

Total Amount (Principal + Interest): $949,665.72

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Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 13 of 54 1.

have been closed and Gclub website was sealed , but I have the Gclub membership number 1000010030000753 , showing i've paid another $500 annual fee payment to Gclub I don't have remittance vouchers for Gclub Annua! Fee because my Flushing bank account

Your Ovrrlestic Wire Transfer renuwst to GCluD

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2 .payment to Phoenix farm, Phoenix loan transferred to MOS farm contract , On October 14, 2020, I wired $416,300.00 to Maywind Trading LLC, A recipient of the Pheonix farm n for Farm loan project , Wire transfer number is : Citibank

farm after 1 year later . Upon information and belief, these funds were seized by the Government among potentially Forfeited Accounts and assets.I

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....... ........ ......... Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 14 of 54

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....|t:-:1=.».- |-.:-|:-..e.=r;-'¢-;§¢:.|M=¢L'5='.1'z5!;:.=-w=|n» 4 . payment to Phoenix farm, Phoenix loan transferred to MOS farm contract, On October 15, 2020, I wired $125,600.00 to wind Trading LLC , A recipient of the Pheonix farm _ For Farm loan project , Wire transfer number is 1 Citibank . this loan was transferred to MOS farm after year later . Upon information and belief, these funds were seized by the Government among potentially Forfeited Accounts and assets.

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Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 16 of 54

("Assx9.ncc" I. THIS ASSIGNMEN] snnAssum1>Tlon AGREEMENT (this

WITNESSETH:

(the"L03I.J,");

WHEREAS reference is made to the [cyan relationship between Assignor,

as loan principal, and to theloan made pursuant thereto

proceeds to Lhe bank account designated by Lhc original borrower on 2020: WHEREAS, Assignor and original borrower did not fully execute the

WHEREAS. pursuant to the terms of this Agreement, Assignor desires to transfer and Assignee desires to assume. the Loan: NOW THEREFORE, for good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: I. ofAssi.g:uor's right, title and interest in and to the Loan, including all accrued and unpaid interest on the Loan. Assignment.Assignor herebrv assigns and transfers to Assignee all 2. Assumngon. Assignee hereby assumes the obligations. and agrees to observe and perform all the covenants. applicable to the original borrower of the Loan under the Loan Documents.. 3. Non-Reliance on Assignor.Except as explicitly set forth herein. Assignor makes no representation or warranty in connection with. and shall have no responsibility with respect to, the solvency. financial condition. or financial or other statements of the original borrower, or the validity or enforceability of the obligations of the original borrower in respect of the Loan Agreement or any other Loan Document. Assignee aclmowledges that it has. independently and without

Doc ID: e5c7cd5Q50-499 DB8CU3729bbCD3fcB67159463

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 17 of 54 reliance on Assignor (except as set forth in the representations in Section 4below). made its own credit analysis and decision to enter into this Assiginnnent and Assumption Agreement with full understanding to the financial condition and capability of the original borrower at the time entering into this Agreement. Rqpregentationg. 4.

The assignment provided for herein shall be without representation or warranty by, and without recourse to. Assignor, except that Assignor represents and warrants as follows:

Assignor had the mental capacity to enter the loan relationship with the original borrower. and was not forcedor induced to do so by the external influences. Assignorls acts of negotiating for and entering into the loan relationship with the original borrower were knowing, willing and voluntary.

Assignor has the iixll power. authority and legal right to assign and transfer the Loan and to execute, deliver and perform this Agreement.

Assignor has duly authorized. executed and delivered this Agreement and assuming the due authorization. execution and delivery by the Assignee. this Agreement constitutes the legal. valid and binding agreement of Assignor, enforceable in accordance with its terms. except as such enforcement may be limited by bankruptcy, insolvency. reorganization. liquidation, receiverslNp, moratorium and other laws relating to or affectingthe enforcement of creditors' rights generally and by generalprinciples of equity (regardless of whether such enforcement is considered in a proceeding in equity or at law).

Assignor is the legal and beneficial owner of the Loan and is transferring the Loan free and clear of any and all liens.pledges, charges or security interests of any nature encumbering the Loan.

f t! c date hereof the outstanding principal balance of the

been iixlly disbursed and, there are no holdbacks and there is no requirement for fume advances thereunder.

Assignee hereby represents. warrants and covenants as follows'

Doc ID: e5c1¢:d5Qssausuaaeds7zcnncbafca6n594e.~

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 18 of 54

Assignee is duly organized validly existing and in good standing in the jurisdiction of its formation.

Assignee has the full power, authority and legal right to assume the Loan.and to execute, deliver and perform this Agreement. Each party hereto represents and warrants to the other that it has dealt with no broker or similar person in connection with entering into this Agreement (other than the other party to this Agreement).

Assignee has duly authorized, executed and delivered this Agreement and. assuming the due authorization. execution and delivery by the Assignor. this Agreement constitutes the legal, valid and binding agreement of the Assignee. enforceable in accordance with its terms. except as such enforcement may be limited by bankruptcy, insolvency, reorganization, liquidation, receivership, moratorium and other laws relating to or affecting the enforcement of creditors' rights generally and by general principles of equity (regardless of whether such enforcement is considered in a proceeding in equity or at law)-

5. Qovegning Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to conflict of law principles. Counterparts. This Agreement may be signed in any number of counterparts. each of which shall be an original. with the same effect as if the signatures thereto and hereto were upon the same instrument. 6. 7. S_ucce;>ors and A_ssigns. Assignor shall not further assign its right and obligations in this Agreement, Loan Agreement and Addendmn unless a written consent is obtained from Assignee. Tbc provisions of this Agreement shall be bindingupon the parties and theirrespective successors ardor assigns. 8. Entire Agreement. This Agreement constitutes the entire agreement. and supersedes all prior agreements. if any, of Assignor and original borrower hereto with respect to the subject matter hereoti 9. Defined Terms. Capitalized terms used and not defined herein will have the respective meanings set forth in the Loan Agreement and Addendum.

Doc ID: e5C70659604b9kZ*8BCd372CbbCb3fC8571594ei

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 19 of 54 IN WITNESS \VHEREOF, the parties have caused this Agreement to be executed and delivered by their duly authorized capacity as of the date first above written. ASSIGNOR:

Representative of Mountain of Spices LLC.

Doc ID: €5C7Cd59i504h9b8BCd372d)bCb3fCB671594e:

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 20 of 54

This Addendum is entered by Mountains of Spices LLC located at 1129 Northern Vianhasset New York H030 (hereinafter as "Borrower"ll and 1creina&cr as "'Lender"). as a modification and supplement to

_. Agreement by incorporating the following provisions intoLoan Agreement.

L Provision 1(a) ofl_oan Agreement shall be modified as IO follows' theloan proceeds advanced under this Agreement may be usedby the Borrower at its discretion without limitation. including but not limited for working capital. political activities. loaning out to other parties, and /or investment purposes. 2. Provision l(c) of Loan Agreement shall be modified to as follows: (c) Interest Rate: 3% per annum on the final Loan Amount from the final Effective Date. Final Effective Date is 'the date of the anal receipt of funds in the Borrowerls designated account. Interest accrued hereunder shall be due on the Final Maturity Date. as defined below. but may be paid prior lo the Final Maturity Date. In all events. interest shall be computed on the basis of the actual number of days in each calendar year and the actual number of days elapsed in each period for which interest is computed. 3. Section 2 of the Loan Agreement shall be modified to include the following airer subsection 2(b): (c) Lender represents and certifies that. at all times throughout the Tenn of the Loan. including after giving effect to any transfers permitted pursuant to Loan Agreement. none of the loan funds are derived from any unlawfial activity. 4. Parties understand and agree that the entire provision 3 (Representations and Warranties by Borrower) of Lhe Loan Agreement ishereby deleted. S. The entire provision 12 of Loan Agreement shall be modified to as follows: 12. Arbitration. (a) The Parties (including any respective subsidiaries. affiliates, predecessors in interests, successors and assigns) agree 10 arbitrate any and all controversies, disputes. and claims (including those that are

Doc ID: esaeus9e04n9bae¢¢:a72¢nucn3f¢8s11s94e.-

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 21 of 54 alreadythesubject of litigation).-whenever they may have arisen or may hereafter arise, relating to or arising out of Loan Agreement in conformity with rules and procedures as established by the American Arbitration Association ("AAA") and as maybemodified by any state arbitration act. Notwithstanding anything to the contrary. either the Lender or Borrower may bring an individual action in sttiall claims court. This Loan Agreement evidences a transaction in interstate commerce, and thus, the Federal Arbitration Act governs the interpretation and enforcement of this Provision. (b)A Party who intends to seekarbitration must first send to the other, by certified mail or an e-mail with read receipt confirmation, a written notice of intent to arbitrate ("Notice"). The Notice to the Parties should be sent to the address set forth at the beginning of the Loan Agreement ("Ar'bitlation Notice Address"). The Notice must: (a) describe in detail the name and basis of the controversy. claim. or dispute: and (b) set forth the specific relief sought ("Delnand"). If the Parties cannot reach an agreement to resolve the controversy, claim, or dispute within 30 days after the Notice is received, either Party may commence an arbitration proceeding. Alter the non-initiating Party receives notice at the Arbitration Notice Address that the other Party has commenced arbitration. it will promptly reimburse the other Party for half of the tiling fee. M issues are for the arbitrator to decide_ including the scope of this arbitration clause. but the arbitrator is bound by the terms of this Loan Agreement. (c) Except as otherwise provided for herein, the Parties will equally split 50-50 all AAA filing. administration. and arbitrator fees for any arbitration 'initiated in accordance with this Section. If. however. the arbitrator finds that either the substance of any claim or the relief sought by the initiating Party is improper or not warranted. as measured by the standards set forth in Federal Rule of Civil Procedure l l(b), then the initiating Party agrees to reimburse the other Party for all monies previously disbursed by it under the AAA Rules. If and to the extent permitted by law, the initiating Party under such a finding by the arbitrator shall also reimburse any attorneys' fees incurred by theother Party in connection with the arbitration proceeding instituted under this Provision. (d)THE PARTIES AGREE THAT, BY ENTERING INTO THIS

Doc ID: e5c7¢a59e04z»9ne8ec372cnnm3fcez-571594e2

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 22 of 54 ADDENDUM),EACH PARTY IS WAIVING ITS RIGHT TO A TRIAL BY JURY OR JUDGE. Unless the Parties agree otherwise. all hearings conducted as part of or related to any arbitration proceeding shall take place in any state or federal court in New York. The arbitrator may award injunctive relief only in favor ofthe individual party seeking relief and only to the extent necessary to provide the relief warranted by that P2ItY'5 individual claim.

(c) THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER

CLASS. COLLECTIVE. OR REPRESENTATIVE PROCEEDING.

PARTYIS CLAIMS. AND MAY NOT OTHERWISE PRESIDE

PROCEEDING OF ANY KIND WHATSOEVER. UNDER ANY CIRCUMSTANCE, and that if Luis provision is found to be unenforceable, then the entirety of this arbitration Section shall be null and void and severed lion this Loan Agreement. (t) The Parties agree that only the arbitrator, and not any federal, state or local court or agency. shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the provisions in this Provision 12 (Arbitration). including without limitation any dispute concerning arbitrability. (g) Any arbitration proceeding initiated under this provision, together with all materials related to such arbitration (such as pleadings. briefs, transcripts. motions, decisions. evidence etc.) shall be confidential and private in all respects. and to the maximum extent penniued by law. not disclosed or disseminated to others. . (h) Notwithstanding anything to the contrary, the Company will be enticed to apply to a court of law and obtain appropriate injunctive ardor equitable relief to enjoin a breach or threatened breach of this Loan Agreement. (i) In the event of a conflict or inconsistency between the terms of this Provision 12. (Arbitration) and those in Jeer provisions of the Leann

Doc iD: €5C7Cd591604b9b88Cd372CbbCb3fc8671594e;

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 23 of 54 10.lf any provision of this Addendum is held in whole or 'm part to be unenforceablefor any reason, then the remain der of that provision and this Addendum will seveuahle and remain in ii11l force and effect. ll.This Addendum may be executed by parties in one or more counterparts, via email copy, which shall be deemed an original and dl of which, taken together, shall be deemed one and the same agreement. [Remaining ofPagc Intentionally Left Blank]

Doc ID: e5¢7¢d59604b9b88Cd372CDDCD3fC85715949:

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 24 of 54 Individual Lender [Print Name):

name and 'Mle of Representative:

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 25 of 54

-_,,¢__-_-__.___________,___-_____________-_-___x

-V. HO WAN KWOK, a/k/a"Miles Guo," a/k/a "Miles Kwok , " a/k/a " Guo Wengui," a/k/a "Brother Seven," a/k/a "The Principal ,"KlN MING ]E , a/k/a "William je, " and YANPING WANG,a/k/a "Yvette,"

5 . payment to MOS farm, contract with MOS farm L .

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Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 31 of 54

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 32 of 54

....... Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 33 of 54

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. .... ... .... ... Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 42 of 54

11 .l£ayment to Himalaya Korea farm (sent ¥ to:73i83!E), contract with Himalaya Korea farm , The way loan

malaya Korea farm was sending to 73%8Z§(Wan shujie) is RMB via BoCom wire , totally ¥368,000.00

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 43 of 54

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Borrower: HlMA.L~\YA KOREA FARM C`O._ L70

488. Gwamlk-dacru, Daagam-ga. Anyaog-si. Gyeonggi-da. Republic of' llama

Leader in which lbs Lclléaagms to gnumta iqqrialq the

cinllditians. Th¢Lm1derlmdl:n=:lan:h»andg.d¢ér9&l1 n§.ll.lh4:oaluanl:ldiQ,,;galrI:cLmudil°.n9'. ncgldonoqr tid:inrclaliontognnzu1tingunéfunéiaglli§I§lll=lho\:inlo the

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(g) :m¢r¢sé'R.w.

pimijdaenrohhc Bonuwcr. 4;

account pursuant to the Loma idvancc.

Matxiriny Dum:

Due: Le) Rclluymen!: . ~x. 3b millM itom She Effccdvc Damn. Th¢$io1al l.~uunAlonmlauda:aucdansuwfxumnxhc1.oas1 ,4inlclmc1»-illbcnpa1d'anai1n1msuulnnlh¢F lMaz1.unw. Ml; TbeBormwrnvdlJhuvc¢aenplian\onulkcl¢lyu\alinanecf xheswo fnllawiug;:

By cash in UsMcd Slams dollar in Lim $9441 amount of

I ii? By uznsfcuiug :Wtctship of loc Bua'owcrls Assess of a value dcmnnined by Lbe Borwwcr old as acceptable by

........ Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 45 of 54 :he Lcnskr. Lbat Is equxvaiau to the total Loan Amman; and accrued inleten in :be Leader.

Bonvwcrhnbe nth hnneubcoblngamianazanoy time bckre \beFhdMnunrnyDazr1ocx:¢nd due Fun! Mmmuixybalc fe¢24 nnnnlhs. Upon an Barrows xnéng a wuium lean extension nodocw lhc l.cndar.dzel'iludMlnui14'Duk will hcanzcndci aceusdingiymihcnew d.\:. is) Lean Advanfc: The Lon ammxn will be dvmscd to lllc Bmlutowcrxna Iii' am: in a wbd: nwlsa' by book uusfe un t!l¢ Bocwwa-'s or

by up Bonuwcr.

ctTccm=c.

£hl1 l£f*3zctivc Dale:

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..malibu= fro: m3484 fund. The Eflfccuwc Duem e up Firml

an: true andcku & t h :

and :How uanlailliilimc are!! o!'Bonuw4:lr's LE::alule\in Ewsarof Taelndlrr haw be elm ,gm in lull. inducing printipd. inwrcsl. cow ` &;\=1\peuscsoruli8>\l:htuucasdmepuotiunuyanaiu Agleentcd.

:

. .x... Truant ilaepmuauptznd camper rqnarpmem ut'1h¢Lom.

1h¢L¢0ld€'. a sewrkgr a m s ; m at! of sing B\xruw:rls dgu. :no and migrzsu mtkBoovu~v¢:':casa¢e¢s.includinngxustixudasauch. j='=:¢ikren! asses md my anus pledged to the Berunwu: (the "As»eu"H'onnasuemzaqual\oxhemW inukhcedhans owed an the LcIud¢r.

8mTowc.r bgftcs (in so dclfvcr w Tb: Lcnxier. or the

nominee- :all ccrtmfwzwrs.

docusnc-nts n»:i4encmg any of the Asaeis that Ur: pkdgod In the LcWeraz do and of :be Final Manama Dash. and iii} to make sud; omaha super as Lin Laada may tics: Tim: to Mme reasonably rrqucst ca perkcm the Lcwd1:.'r°s sacunty utters: in Lb: Assets pizdgcd no the Lcndcx' lmdcr apphcablc law.

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 46 of 54

Nance so the Lanier.. make pwpayfneux nl:1h¢.luan at any ume butut: :in Fisnnl Manurizy Date without pq/'mg any

The Bonwwcr can, by giving at Kan 30-claw written

a ofdac due of thin Agraazciu. as ohm: day: of may uunewnL ateasinu.. or nnodifwuian or may Loma. and at all time any indebtedness cxisxs' Rqncancnzasiona and \\f'a:rnn¢icsi be Lanka: Lance: represents and warrants to liarruwcr. (al Lmdcr ex .sullictoldy ewenaaced an Iiaulumi and

udhzming such mfuunniua in :vduue the menus and iii&»f»m loan and Nada: no isnfomsesl ¢easion mhtmg lhcltto- Louie: is m a financial

pc!iod bngq»!hnn!l\¢Fha! Matmily Dal¢ nra§

wnlxstand acnwlclx Iosroflbc Lnunh.

lb! Nu Iztigation. claim. anvesligaimun.

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-we' L044 and al all llmcs..ai\y iudcbbdiidijggxiusz'

god m #ind standing under and by yinue of

ill requilre1-nears. mks. asdinnvccs, sialuscs. nl3;4~sand decrees ofaqy governiinéir nrquznri-gavamumllai auitoruy steam! that is

exacmian. dqlivexy, and gedhrmnnce at this Apwanon has hem My

artisan by Bomswcr and will no: l:nu!\I¢1 v~1!h, :emit in . xadataiul of éaihiinsnirhma u ddhuit undcrnay pmvuuls ofixll B<nuv»wr's Uperalmg Agmemc ~tot hi! any l.w. govonmcarn rcguladou. court decide. oreudstagplwakde to Bonlowur.

88 l»nl¢l»ina up num: hluintu. WW:

rurlnlngfAll¢e\nllsaacnrahia1:luo1hnmunddu

bin lnigauou. clauu. uwaugnann, adalunmrzuina p4\meudmlug ngaumn. Bolmwez 15 If aunt. than imp been duicloscd xo and uknawuledwd by Lender inwnxing. 4. A1'Ihu1luw: Cweamh. Bunnwef emuillna And nu-ees wxlh Lcxdo' MIL as lang as lab Agreement lemnms m ¢t¥wa, Boumurr wiki.

........ Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 47 of 54 next buxinws day delivery. wah wren veniicaUun Mrecmps. Al! aoammmicfstnum shall be

as ses fords in this Ageueuncnl or such udch-an as subscqucully nazdzfwd by wmlcn tlnIxuc. dnnugu and expense [indudmg any <xpcm»e mamnlsrbty mcwm! m lnwshgntiog, or dcianllng Ag¢im any lmgahon cnnxmanud Ur thwnlaned or any nzlmuru whauuewrb related to by murcptencnmuunu nr bleach of wnnnmly mr Inarch ¢sf.ngmqmnl by the Lump eumaxned mm an is any cnlxr ducuancnu iiatnédwl by she Lauder so MB°vww~=f m wnncesiun usU: s. lnd4mm\y Lwdet qprws in indcnmify and held harmless Bender. and v.4u=b of m empllagfecan. dilvcclons. ugcnluxld anniucys. ¥?nm and rems: any my all loss, hxbnlily. palms.

this Agrczmwml.

9 Amcnslmum. Thu Agnxrrlcnt ennstiiutca the

panxexuwlhcllmllsnlsazlfurlhmllsishpueeggglt

magic by the pank-41 1A1!h respect \homo,luglmctlwr

puma wah- so b¢ changed my hound ha- =§:@i'i~:n¢iu»wi: ameaulluaawn

of the. Boruswkg. n.. '.f: in..

I\11owccla» uns! Manda? Swcvssioraa. The reprcsmlaumxs. wnr:wuuq,.6:u~cnn1l». and nglréiucrein that AgitwnaIl :shall bebindmg un ill Land¢fls ad

4 'a wc¢ccau4n.asaiglus.l\ciiidi5§hI rupsczswtauvea and auhnll inns: no the bvcudil

` .we xuceessor and assigns of the Bomawrr and Lady . M .. Lm€£Ea=.i}1in Agr\:x':mc11£ of any in lens! thcruin.

hobby snbmn an any lidrnl or ihtt wiiib. incllid in 819 [{£PVI!lJC UF 89885,-iiirr M junwlinsun to the SQIJTII KDREA,my age: lim all litigation nude: or reiatiag m this Agrvcmcua shall be evnducscd in wth nouns 13. Gowumng Law. This Mgxuenncnl sir all bcwnstmeal in all scnspeuu 'm aucunlamue wnlh and gnvcnraad lay the law; of the SouthKsnru. N. Delays of Drnismionn. bin delay omm\snnn w cxacrar may right. power or mnvaly ugclumg um any party under thin Agseanenl. Maun my breach or default ofuay nth:-f party usulcr uxi.~

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 48 of 54 Agrsanenl. shall imquur any may n8hi. pun-cr Ur :candy of xuauh nun-lu1:adak\§ or oun- defhulNng party nm Mall 11 be vsunmual to be a wnmrcr of my much bfcmrh or d¢ill»llK. °r an a»:qulelcolc: thcgem. war ol'c¢ m any »imalar hmngznch in' dcfwil oh¢w:d\zr owawrxa our so-all any www: Many nngk loach Ur dvfnmlrbn dccmud a waive: of my 418111 bunch or default ehevcmfésrc or lheruiicr occurring. Any *Iuv\=l. peril. eugene. in appnwd of any kaaba in' unaucscr on Me pun of any p1;-1y or our breach ear Mull under duivs Agivcenmuenl. or any mews: an to: pan of any puny of any pnavifkms or culuhinnu ¢.~I' than Agxunucnt, Mann he an wnnq; and shall he effanive only cu Me rumen: apsiciiisnlly sci fnnll. in wax wrong. All rcmcsfncn. cuber \.Mld:1' lim Agncmesl or by he of otlacnvixc dluldud cu any 9.91. dull be cwuswiiuiivc and not nlwmntivc. 15. The mvailshty nr uuwnfurccahility nfuuy pmurhan swwn~l»u'Ih no way Alice: loc vaklduv be rulbsteubslity of any other pun-iri .

ml mum: bow the Mum; uaeanaup when wed m slain A;!n=eslnu\»;;.lJ..iaka~»» ¢»hla

ii#-}auBd money of' the llfained Slitzn ii' Mina. Acwwltiug wwulxln and tcsmw nm iil!i§4'§vi:'; Mlinerl an Thu Agruenlcm alli have the

will: §iqlieraaliy acssepud ucuauuasnag lninomkn and in ctfewl can ¢h¢ at: ase Alwin A;liéi£¢3¥;'7§"'3.~'.;;.

"All¢ecm01Ll" M "'l..r.a»m Ag1¢c=an=nl" n\u

1\il'¢'§4»:n2 Qignuui his-cwnlln and das' Loon

"linxrwi¢s'?mcans al1$'i.aLA;¥i'é& xcnuza ¥..\l45¥ to..ur n

the Ilctkull Mel fonlx up this Agmcuuoil in be 'mammanuke! '°Ik.*¢'nu!¢" me*¢~l=up which dl up \n¢$l:buulnln:stafllk num hwuaac We

and mrme~dlanclyb~: 418 -:

"lndcbwdn:rau" mum the i»~x=h=au¢-» mcludosg all pnncipqi And rumen tngcdva wt. dl other anskbwehcsn and co and cxpcuuna kw whwh llanmwsv is ruaqwwutie umber nM Aluczmcm.. "L¢.'ndcr" menu :he Kenney at pevwn new tfunh so lim Agvwlnem inloc w¢~cucnn£xtlcci "Leader"

....... Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 49 of 54 'Le»al\" mea mm nw- and all knann drum Lenslci an Ilurfnxwr whsrtimr ams ar lxclrallisl' cxzusnl;

'Mutha . Mrlma nil :he BnuWrswcr s Musab, lynludnug HX 52:4 Uauwcla. current much .my any

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........ Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 50 of 54

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in: A-amnnuy;

can 1I; ;una;

13 . Payment to H-Ccoin , I don't have remittances vouchers About the ' Himalaya pay transfer form to confirmed my H-coln amount number r'

Case: 26-1072, 04/23/2026, DktEntry: 7.1, Page 52 of 54

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mass:

gnu:

anna--ouvwunuannnm-o4mmul=a»uulu»4mu»nucAnlnx

ug.@g~°»»ys¢mmctuuanyuuonnnualnumrnuue %b1»\¢lt.»vu\»s¢wml\uH

wwu~»¢5 f-vl==-vu1-°w»v~n-~¢ewx°9¢»h-v-n»»n»¢unaum-um

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'Insurance does not cover certain items. For details regarding claims exclusions see the

'* See lntemational Mail Manual at httpzl/pe.usps.com for availability and limitations of coverage.

. Expected delivery date specified for domestic use.

Domestic shipments include $100 of insurance (restrictions apply)_*

USPS Tracking" service included for domestic and many international destinations.

When used internationally, a customs declaration form is required.

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