Miles Guo Court Documents · Doc 376

摘要

Government Letter · Roberts Witness Testimony Scope

This two-page letter, dated June 13, 2024 from the Assistant U.S. Attorneys, replies to the defense's June 12, 2024 letter (Dkt. 375) regarding the proposed scope of testimony of government witness Roberts in United States v. Guo, S3 23 Cr. 118 (AT).

Government's Two Principal Points

1. No intended cryptocurrency opinion: The government clarifies it has never intended to ask Roberts his opinion on whether HCN and HDO are cryptocurrencies or whether the Himalaya Exchange is a cryptocurrency exchange (citing Dkt. 375 at 1). The government suggests there may not even be a dispute among the parties for the Court to resolve;
2. Lay opinion permissible: To the extent there is a dispute, Second Circuit law expressly permits lay opinion testimony from a civilian analyst or investigator that is "based on [his] investigation and reflected his investigatory findings and conclusions" (citing Bank of China, N.Y. Branch v. NBM LLC).