Miles Guo Court Documents · Doc 188
USA’s Letter in Opposition to Motion for Return of Seized Property / (中文)
摘要
Government Letter · Opposition to HEX Customers' Rule 41(g) Motion
This three-page letter, dated December 7, 2023 from the Assistant U.S. Attorneys, opposes the December 6, 2023 motion for return of property (Dkt. 186, case-doc-186) filed by counsel for 3,345 purported customers of the Himalaya Exchange (the "Petitioners") in United States v. Kwok, et al., S1 23 Cr. 118 (AT).
Government's Arguments
The government opposes the motion, arguing:
- The petitioners do not establish a proper procedural posture under Rule 41(g) at this stage of the criminal case;
- The petitioners' claims to specific seized assets are better addressed through the eventual ancillary forfeiture proceedings under § 853(n) after a final order of forfeiture;
- The Rule 41(g) motion is procedurally premature given the pending criminal case.