Miles Guo Court Documents · Doc 240
Memorandum of Law in Support of Defendant’s Motion to Dismiss The Superseding Indictment / (中文)
摘要
Defense Memorandum in Support · Motion to Dismiss S2 Indictment
This 74-page filing, dated February 2024 from Mr. Kwok's defense team at Pryor Cashman LLP, is the principal memorandum of law in support of the motion to dismiss the S2 Superseding Indictment in United States v. Ho Wan Kwok, 1:23-CR-118-1 (AT). Filed partially under seal.
Defense's Multi-Pronged Challenge
The 74-page memorandum challenges the S2 indictment on multiple grounds:
- Statutory interpretation: Specific arguments that each charged statute does not reach the alleged conduct;
- Factual specificity: Allegations that the indictment lacks the required factual particularity;
- Multiplicity and duplicity: Arguments that certain counts impermissibly overlap or combine distinct offenses;
- RICO: Challenges to the racketeering conspiracy count, including the alleged enterprise structure and pattern of racketeering activity;
- Securities fraud: Specific challenges to the securities-fraud counts, including disputes over the nature of the alleged offering and accredited-investor issues;
- First Amendment: To the extent the indictment criminalizes protected political speech and association.