法庭文件 · 2026-04-07 · 88 页 · United States District Court · S.D.N.Y.
摘要
Government's Sentencing Memorandum
This 88-page document is the United States' sentencing memorandum filed April 7, 2026 in United States v. Miles Guo, S3 23 Cr. 118 (AT), signed by Sean Buckley (Attorney for the United States acting under 28 U.S.C. § 515) with Assistant U.S. Attorneys Micah F. Fergenson, Ryan B. Finkel, Justin Horton, and Juliana N. Murray of counsel.
I. Preliminary Statement
The government asks the Court to impose a sentence of at least 30 years' imprisonment, characterizing Mr. Guo as the leader of a five-year, multi-pillar fraud scheme that caused immense harm to thousands of victims and that the defendant has continued to compound through obstruction and post-trial mobilization of supporters.
II. Procedural History
The memorandum reviews the procedural history of the case from the original sealed indictment in March 2023 through the July 16-17, 2024 jury verdict, the Preliminary Order of Forfeiture entered August 11, 2025, and the multiple sentencing adjournments.
III. Offense Conduct Proven at Trial
Section III walks through the offense conduct across seven enterprises and topics:
- A. Rule of Law: The Rule of Law Foundation and Rule of Law Society are framed as components of the broader G-Series enterprise alleged to have collected and channeled follower funds;
- B. GTV Private Placement: The unregistered offering of GTV Media Group equity to non-accredited investors;
- C. The Farm Loan Program: Solicitation of funds promised convertible to GTV stock through the "farm" volunteer network;
- D. G|CLUBS: Membership-club fundraising;
- E. Himalaya Exchange: Issuance of Himalaya Coin (HCN), Himalaya Dollar (HDO), and Himalaya Exchange Coin (HExC) tokens, plus the operation of related entities;
- F. A10: Additional fundraising vehicle;
- G. Obstruction of Justice: Conduct attributed to Mr. Guo to evade and obstruct the investigation, including efforts targeting witnesses, attorneys, and counterparties.
IV. Victim Statements
The memorandum summarizes the victim impact statements transmitted to the Court (including those at case-docs-477, 482, 832), describing the personal, financial, psychological, and medical toll on victims.
V. Application of the Sentencing Guidelines
Section V responds to the defense's Guidelines objections from case-doc-822:
- A. Applicable Law: The framework for computing the Guidelines and identifying the appropriate offense level;
- B. Probation's Calculation: The total offense level 43, recommending approximately 300 months imprisonment;
- C. Loss Amount in Excess of $550 Million: The government argues that the trial record and tracing affidavits prove the actual loss exceeded $550 million, supporting the loss enhancement:
- C.1. The trial record and tracing affidavits prove the loss amount;
- C.2. The GTV Private Placement fraud should be included in the loss calculation;
- C.3. Whether an investor subjectively regards themselves as a "victim" is irrelevant to the Guidelines calculation under settled precedent — what matters is whether the defendant's conduct caused actual or intended loss to identifiable categories of investors;
- C.4. The preponderance-of-the-evidence standard applies (rejecting the defense's call for clear-and-convincing-evidence proof);
- C.5. Even at a hypothetical loss amount of "merely" $3.5 million, Mr. Guo's Guidelines sentence would remain 175 years, illustrating that the precise loss figure does not change the Guidelines outcome;
- D. Other Guidelines Objections: The government addresses each of the defense's other Guidelines objections — including challenges to the "sophisticated means," "organizer/leader," "obstruction of justice," and "representing a charitable organization" enhancements.
VI. Sentence Recommendation: At Least 30 Years
Section VI develops the substantive case for a 30-year minimum sentence under 18 U.S.C. § 3553(a):
- A. Nature, Circumstances, and Seriousness of the Offense:
- A.1. Mr. Guo caused immense pain and suffering to thousands of victims;
- A.2. He led a five-year scheme to defraud with serial efforts to evade and obstruct justice;
- A.3. He preyed on the aspirations of a community of overseas Chinese supporters;
- Additional § 3553(a) factors developed across the section, addressing deterrence, the need for the sentence imposed to reflect the seriousness of the offense, and the need to protect the public.
Relief Requested
The memorandum asks the Court to impose a sentence of at least 30 years' imprisonment, to overrule the defense's Guidelines objections, to adopt Probation's Guidelines calculation (total offense level 43), and to enter a forfeiture order consistent with the Preliminary Order of Forfeiture and the supplemental forfeiture motion at ECF No. 716.