Miles Guo Court Documents · Doc 806

摘要

Defense Letter Motion · Clarification on § 853(n) Petition Handling and Production Request

This five-page letter motion, dated February 24, 2026 from Melinda Sarafa (with Joshua Dratel and John Kaley), asks the Court for two related forms of relief in the ancillary forfeiture proceedings of United States v. Ho Wan Kwok et al., 23-CR-118 (AT):

1. Clarification regarding how petitions submitted under 21 U.S.C. § 853(n) are being handled by the Clerk's Office and the parties;
2. An order directing the government to produce to defense counsel copies of all petitions in the government's possession that are styled as § 853(n) petitions or that could be construed as such.

Defense's Argument

The defense argues that the § 853(n) petitions bear on the nature and circumstances of the offense and are therefore directly relevant to sentencing. Specifically:

• The volume and content of third-party petitions disclaiming victim status or asserting independent property interests is part of the documentary record the Court should consider in applying the § 3553(a) factors;
• The defense needs full visibility into the universe of § 853(n) petitions to make these arguments at sentencing.

Relevant Procedural Background

The letter recites the procedural setup:

• January 7, 2025 (ECF No. 488): The Court entered an Amended Preliminary Order of Forfeiture as to co-defendant Yvette Wang;
• February 6, 2025: The government published the standard notice on forfeiture.gov listing the property to be forfeited and providing instructions for interested parties to file:
• (a) Claims pursuant to § 853(n) requesting that the Court hold a hearing to adjudicate the validity of the party's alleged interest in the property;
• (b) Petitions for remission pursuant to which the government will determine whether to return any of the seized property to victims of the defendant's crimes;
• The Notice directed potential § 853(n) claimants to file their claims with the Clerk of the Court, United States District Court, 500 Pearl Street, Room 120, New York, NY 10007;
• The resulting filings are spread across the Clerk's Office, the government, and (for those properly docketed) the public docket — and no single authoritative tracking of the § 853(n) petitions exists from the defense's perspective.

Statutory and Procedural Hooks

The motion is framed under:

• 21 U.S.C. § 853(n) (the criminal forfeiture ancillary-proceeding statute);
• Federal Rule of Criminal Procedure 32.2(c) (governing ancillary proceedings);
• The Court's inherent authority to manage discovery in connection with sentencing.

Relief Sought

The defense asks the Court to:

• Clarify the procedural framework for handling § 853(n) petitions;
• Order the government to produce copies of all § 853(n)-related petitions in its possession to defense counsel.