Miles Guo Court Documents · Doc 242
The Government’s Memorandum of Law in Opposition to Defendant Kwok’s Motion to Dismiss / (中文)
摘要
Government Memorandum · Opposition to Motion to Dismiss
This 53-page filing, dated February 2024 from the Assistant U.S. Attorneys (under Damian Williams), is the government's memorandum of law in opposition to Defendant Kwok's motion to dismiss the S2 Superseding Indictment in United States v. Kwok, S2 23 Cr. 118 (AT).
Government's Arguments
The memorandum opposes the motion to dismiss across the multiple grounds the defense had raised (in case-doc-240, the defense's 74-page supporting memorandum). The government argues:
- Each charged count adequately alleges the elements of the offense;
- The factual specificity in the S2 indictment meets the relevant pleading standards;
- Statutory interpretation arguments raised by the defense are unsupported by controlling law;
- Multiplicity and duplicity arguments are misplaced under controlling Second Circuit precedent.