Miles Guo Court Documents · Doc 758
The petitioner (Hamilton Opportunity Fund) seeks return of $408,050, claiming it’s lawful and unrelated to Guo.
摘要
Verified Third-Party Petition · Hamilton Opportunity Fund SPC · $408,050
This 30-page verified petition, dated October 22, 2025, is filed by Hamilton Opportunity Fund SPC ("Petitioner") under 21 U.S.C. § 853(n) and Federal Rule of Criminal Procedure 32.2(c) in United States v. Miles Guo, et al., 23 Cr. 118 (AT). The petition seeks return of funds in which Petitioner has a legal right, title, and/or interest.
Property at Issue
The Petitioner's Property is comprised of certain funds traceable to the Petitioner that were formerly on deposit in Account No. 5090042770 at Silvergate Bank ("Account 2770") held in the name of Hamilton Opportunity Fund SPC. The interest is described as both vested in Petitioner and superior to any right, title, or interest claimed by Defendant Guo, Defendant Wang, or the Government. The amount at issue is approximately $408,050.
Petitioner's Standing Theory
The Petitioner's Property is Petitioner's own funds that:
- Were lawfully invested by Petitioner;
- Have no nexus to the conduct charged in either criminal case.
Procedural Posture
The Court entered:
- A Consent Preliminary Order of Forfeiture concerning co-defendant Yvette Wang on January 7, 2025 (the "Wang Forfeiture Order," ECF No. 488);
- A Preliminary Order of Forfeiture against Defendant Guo on August 11, 2025 (the "Guo Forfeiture Order," ECF No. 720) — together with the Wang Forfeiture Order, the "Forfeiture Orders."
The petition is filed against both Forfeiture Orders to preserve the claim in either proceeding.
Statutory Bases
The petition proceeds under:
- 21 U.S.C. § 853(n) — criminal forfeiture ancillary proceedings;
- Federal Rule of Criminal Procedure 32.2(c) — ancillary proceeding procedures.
Relief Sought
The petition asks the Court to:
- Hold an ancillary § 853(n) hearing to adjudicate the validity of Petitioner's interest;
- Amend the Preliminary Orders of Forfeiture as necessary to exclude the Petitioner's Property;
- Return the $408,050 (plus interest, where applicable) to the Petitioner.