Miles Guo Court Documents · Doc 384

摘要

Government Reply · Geaney Finding

This seven-page letter, dated June 30, 2024 from the Assistant U.S. Attorneys, replies to Mr. Guo's June 29, 2024 opposition (case-doc-383) to the government's application for a Geaney finding admitting co-conspirator and agent statements in United States v. Guo, S3 23 Cr. 118 (AT). Exhibit A (case-doc-384-1) is the oral ruling of Judge Engelmayer in United States v. Gillier.

Government's Principal Themes

1. "Shell game" framing: The defense's opposition is characterized as asking the Court to sanction what the government calls Guo's "shell game" of hiding his actions behind corporate entities, co-conspirators, and agents over which he claims no official association;
2. Trial evidence ignored or misstated: The defense allegedly ignores and misstates undeniable trial evidence about Guo's control of the G Enterprise and its constituent members;
3. Misrepresentation of the governing law: The defense repeatedly misrepresents the controlling Geaney/Tracy framework;
4. No reversible error: The Court's evidentiary rulings during trial admitting statements of co-conspirators and agents have not been in error — "much less the 'clear error' or 'abuse of discretion'" the defense invokes.

Comparator Authority

The filing attaches Exhibit A: the oral ruling of Judge Engelmayer in United States v. Gillier — cited as comparator authority on the co-conspirator statement framework.