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美国司法部:郭文贵被捕,面临数十年监禁

热度 1已有 3348 次阅读2023-3-15 23:49 |个人分类:转帖|系统分类:时事

微信录:你们真相信他有机密?不知道他是骗子啊。其实这是他的一个误区,以为贴上反共反中标签就可以获得美国的惠顾。其实美国根本没有这种规则,美国法律就是一部无情的机器。别说是他了,那 Trump 国师就是在他游艇上被捕的,那时 Trump 还是是总统,也只能眼睁睁看着自己的国师被扣上手铐。美国那叫法律无情。我早预测他会进监狱。去年底,我曾偶然看到他在一个民事案件作证时 take the fifth,其实这就是他自认涉嫌犯罪。
美国司法部向联邦法院递交的文件是这样描述的:该犯2015年从中国移民到美国,2017年他申请美国的政治庇护,至今尚未批准。同年,他接受了大量媒体采访,作为反共人士获得大量关注,并在纽约成立了两个分别名为“法治基金”与“法治社会”的所谓非营利组织,作为其经济诈骗的基础,提供误导信息吸引大批先入为主的追随者们加入其金融投资项目( The Rule of Law organizations provide the foundation on which Kwok built his fraud; in particular, Kwok used the organizations to amass a large following of individuals who were predisposed to believe Kwok, and Kwok leveraged his followers’ support into financial investments through false and materially misleading information。)美国司法部认为,该犯骗术高超、经济实力不菲,如果假释很可能会逃走。因此,美国司法部向法庭动议将该犯关押候审,不得保释。(There are no conditions or combination of conditions which can satisfy the Court that the community will be safe, or that the defendant will appear, if he is released. The defendant should be detained pending trial.)
https://www.justice.gov/usao-sdny/pr/ho-wan-kwok-aka-miles-guo-arrested-orchestrating-over-1-billion-dollar-fraud-conspiracy

Ho Wan Kwok, A/K/A “Miles Guo,” Arrested For Orchestrating Over $1 Billion Dollar Fraud Conspiracy

Over $630 Million of Alleged Fraud Proceeds Seized by U.S. Government

Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the unsealing of a twelve-count Indictment charging 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,” and KIN MING JE, a/k/a “William Je,” with various wire fraud, securities fraud, bank fraud, and money laundering charges.  JE, who is KWOK’s financier, is also charged with obstruction of justice.  The charges in the Indictment arise from an alleged sprawling and complex scheme by the defendants, and others, to solicit investments in various entities and programs through false statements and representations to hundreds of thousands of KWOK’s online followers.  As alleged, KWOK and JE misappropriated hundreds of millions of dollars in fraudulently obtained funds during the course of their conspiracy.  KWOK was arrested this morning in New York, New York, and will be presented this afternoon.  JE is currently at large. 

In addition, Mr. Williams announced that between September 2022 and March 2023, the U.S. Government seized approximately $634 million from 21 different bank accounts.  The $634 million constitutes proceeds of KWOK’s alleged fraud, which the Government will seek to forfeit.  Today, law enforcement also seized assets that were purchased with proceeds of KWOK’s alleged fraud, including a Lamborghini Aventador SVJ Roads.   

U.S. Attorney Damian Williams said: “As alleged, Ho Wan Kwok, known to many as “Miles Guo,” led a complex conspiracy to defraud thousands of his online followers out of over $1 billion dollars.  Kwok is charged with lining his pockets with the money he stole, including buying himself, and his close relatives, a 50,000 square foot mansion, a $3.5 million Ferrari, and even two $36,000 mattresses, and financing a $37 million luxury yacht. 

As alleged, Kwok lied to his victims and promised them outsized returns if they invested, or provided money to, GTV, his so-called Himalaya Farm Alliance, G|CLUBS, and the Himalaya Exchange. 

Kwok is further charged with laundering hundreds of millions of stolen funds to conceal the conspiracy’s illegal activities and continue the fraud’s operations.  My office and our law enforcement partners will continue to do all that we can to protect the community from the devastating consequences of pernicious fraud schemes.  If you believe you are a victim of Kwok and Je’s fraud, please contact USANYS.GuoVictims@usdoj.gov or https://forms.fbi.gov/NY_GTV.  My Office and the FBI are here to help those who were harmed by this malicious fraud.”

FBI Assistant Director Michael J. Driscoll said: “The indictment today alleges the defendants were behind an elaborate scheme that defrauded thousands of individuals of over one billion dollars.  Fraudulent investment scams make victims out of innocent people, ultimately harming the public’s confidence in the integrity of financial systems.  The FBI continues to make investigating complex financial crimes a top priority, and anyone attempting these crimes will be made to face the consequences in the criminal justice system.”   

As alleged in the Indictment unsealed in Manhattan federal court and court filings:[1]

From at least in or about 2018 through at least in or about March 2023, KWOK, JE, and others, conspired to defraud thousands of victims of more than approximately $1 billion.  KWOK was the leader of this complex conspiracy. 

KWOK is an exiled Chinese businessman who has resided in the United States since in or about 2015 and garnered a substantial online following.  In or about 2018, KWOK founded two purported nonprofit organizations, namely, the Rule of Law Foundation and the Rule of Law Society.  KWOK used the nonprofit organizations to amass followers who were aligned with his purported policy objectives in China and who were also inclined to believe KWOK’s statements regarding investment and money-making opportunities. 

JE is a dual citizen of Hong Kong and the United Kingdom who principally resided in the United Kingdom.  JE owned and operated numerous companies and investment vehicles central to the scheme and served as its financial architect and key money launderer.

KWOK and JE’s fraud relied on at least four interrelated parts:  the GTV Media Group, Inc. (“GTV”) Private Placement, the Farm Loan Program, G Club Operations, LLC (“G|CLUBS”), and the Himalaya Exchange. 


U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:23-cr-00118-AT All Defendants


Case title: USA v. KWOK

Date Filed: 03/06/2023

Assigned to: Judge Analisa Torres

Defendant (1)
Ho Wan Kwok
also known as
Sealed Defendant 1

Pending Counts

Disposition
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD, BANK FRAUD, SECURITIES FRAUD AND MONEY LAUNDERING
(1)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (GTV PRIVATE PLACEMENT)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD - GTV PRIVATE PLACEMENT)
(3)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (FARM LOAN PROGRAM)
(4)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD - FARM LOAN PROGRAM)
(5)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (G
(6)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD - G
(7)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (THE HIMALAYA EXCHANGE)
(8)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER
(9)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (INTERNATIONAL CONCEALMENT)
(10)
18:1957-4390.F EMBEZZLEMENT, OTHER (UNLAWFUL MONETARY TRANSACTIONS)
(11)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Analisa Torres

Defendant (2)
Kin Ming Je
also known as
Sealed Defendant 2

Pending Counts

Disposition
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD, BANK FRAUD, SECURITIES FRAUD AND MONEY LAUNDERING
(1)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (GTV PRIVATE PLACEMENT)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD - GTV PRIVATE PLACEMENT)
(3)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (FARM LOAN PROGRAM)
(4)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD - FARM LOAN PROGRAM)
(5)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (G
(6)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD - G
(7)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (THE HIMALAYA EXCHANGE)
(8)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER
(9)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (INTERNATIONAL CONCEALMENT)
(10)
18:1957-4390.F EMBEZZLEMENT, OTHER (UNLAWFUL MONETARY TRANSACTIONS)
(11)
18:1512B.F INTIMIDATION OR FORCE AGAINST WITNESS (OBSTRUCTION OF JUSTICE)
(12)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USArepresented byJuliana Newcomb Murray
US Department of Justice, Crim Division, SDNY
1 St. Andrew's Plaza
New York, NY 10007
212-637-2200
Email: juliana.murray@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney

Micah Festa Fergenson
United States Attorney's Office, SDNY
One Saint Andrew's Plaza
New York, NY 10007
212-637-2190
Email: micah.fergenson@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney

Ryan B. Finkel
United States Attorney's Office, SDNY
One Saint Andrew's Plaza
New York, NY 10007
(212)-637-6612
Email: Ryan.Finkel@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney


Date Filed#Docket Text
03/06/20232 SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, Sealed Defendant 2 (2) count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12. (jm) (Entered: 03/15/2023)
03/10/2023SEALED DOCUMENT placed in vault. (jus) (Entered: 03/10/2023)
03/15/20233 Order to Unseal Indictment as to Sealed Defendant 1, Sealed Defendant 2. (Signed by Magistrate Judge Katharine H. Parker on 3/14/23)(jm) (Entered: 03/15/2023)
03/15/2023 INDICTMENT UNSEALED as to Ho Wan Kwok, Kin Ming Je. (jm) (Entered: 03/15/2023)
03/15/2023 Case Designated ECF as to Ho Wan Kwok, Kin Ming Je. (jm) (Entered: 03/15/2023)
03/15/2023 Case as to Ho Wan Kwok, Kin Ming Je ASSIGNED to Judge Analisa Torres. (jm) (Entered: 03/15/2023)
03/15/2023 Attorney update in case as to Ho Wan Kwok, Kin Ming Je. Attorney Juliana Newcomb Murray,Ryan B. Finkel,Micah Festa Fergenson for USA added. (jm) (Entered: 03/15/2023)
03/15/20236 ORDER as to Ho Wan Kwok, Kin Ming Je for the limited unsealing of this matter. (Filed under seal on 3/7/23). (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/7/23)(jm) (Entered: 03/15/2023)
03/15/20237 LETTER MOTION addressed to Magistrate Judge Katharine H. Parker from AUSA Ryan Finkel dated March 15, 2023 re: Detention Memorandum . Document filed by USA as to Ho Wan Kwok. (Attachments: # 1 Exhibit A (Indictment), # 2 Exhibit B (PPM), # 3 Exhibit C (Bankruptcy Decision))(Finkel, Ryan) (Entered: 03/15/2023)

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