Miles Guo Court Documents · Doc 276
Letter by USA as to Ho Wan Kwok re: Response to Kwok’s Rule 17 Application / (中文)
摘要
Government Letter · Response to Kwok's Rule 17 Application (USAO-EDNY)
This three-page letter, dated April 10, 2024 from the Assistant U.S. Attorneys, responds to Defendant Ho Wan Kwok's Rule 17 subpoena application directed at the United States Attorney's Office for the Eastern District of New York (USAO-EDNY) in United States v. Kwok, et al., S2 23 Cr. 118 (AT).
Defense's Underlying Application
On April 3, 2024, the defense had submitted an ex parte application for a Rule 17 subpoena to USAO-EDNY, seeking records related to Operation Fox Hunt and the related United States v. Bai case.
Government's Position
The government argues the Court should deny Kwok's application because:
- The Rule 17 standard requires relevance, admissibility, and specificity (Nixon framework);
- The defense has not made the required showing;
- The defense's discovery theory improperly conflates the USAO-EDNY (a separate prosecutor's office) with the prosecution team in this matter;
- Granting the subpoena would set an unprecedented expansion of cross-office discovery obligations.