Miles Guo Court Documents · Doc 195
Memorandum in Support of Defendant’s Motion to Dismiss The Superseding Indictment / (中文)
摘要
Kwok Memorandum · Motion to Dismiss (S1 Indictment)
This 64-page filing, dated December 15, 2023 from Mr. Kwok's defense team at Pryor Cashman LLP, is the memorandum of law in support of Defendant Ho Wan Kwok's motion to dismiss the (then operative) S1 Superseding Indictment in United States v. Ho Wan Kwok, 1:23-CR-118-1 (AT).
Defense's Multi-Pronged Challenge
The 64-page brief raises challenges similar to those later raised against the S2 indictment at case-doc-240:
- Statutory-interpretation challenges to each charged count;
- Factual-specificity arguments;
- Multiplicity and duplicity arguments;
- RICO and securities-fraud specific challenges;
- First Amendment concerns regarding politically protected speech.
Procedural Path
With the January 3, 2024 filing of the S2 Superseding Indictment (case-doc-215), the motion to dismiss the S1 indictment becomes moot. The Court formally denies the S1 motion as moot at case-doc-230.