Miles Guo Court Documents · Doc 841

法庭文件 · 2026-04-27 · 5 页 · United States District Court · S.D.N.Y.

third-party petitionSection 853(n)1328777 B.C. Ltd.Himalaya Coin$6 millioninnocent third partybona fide purchaserKevin O'Brien

Petitioner 1328777 B.C. Ltd. claims a superior ownership interest in $6 million invested in Himalaya Coin, seeks exclusion of that amount from forfeiture or a hearing, and alternatively requests compensation through the Government’s remission process.

摘要

Verified Third-Party Petition · 1328777 B.C. Ltd. · $6 Million Himalaya Coin Claim

This five-page document is the verified third-party petition of 1328777 B.C. Ltd. under 21 U.S.C. § 853(n) and Federal Rule of Criminal Procedure 32.2(c), filed in United States v. Ho Wan Kwok et al., 1:23-cr-00118-AT (S.D.N.Y.) on April 27, 2026, signed by Kevin J. O'Brien of Ford O'Brien Landy LLP, 275 Madison Avenue, 24th Floor, New York, NY 10016 (212-858-0040; kobrien@fordobrien.com).

Petitioner's Asserted Interest

The petition asserts that 1328777 B.C. Ltd. has a superior right, title, and interest as an innocent third party or a bona fide purchaser for value (BFP) in $6,000,000, plus interest, invested in Himalaya Coin and included in the property subject to the Preliminary Order of Forfeiture entered August 11, 2025.

Relief Requested

The petition requests the following, listed in the order of preference set out in the prayer for relief:

Primary relief: an order amending the Preliminary Forfeiture Order to exclude the $6,000,000 plus interest in which the petitioner asserts a superior right, title, and interest as an innocent third party or BFP;
Alternative relief: a hearing pursuant to 21 U.S.C. § 853(n), together with such discovery as may be appropriate, including discovery pertaining to defendants' fraudulent conduct in connection with the Himalaya Exchange and the petitioner's investment in the Exchange;
Further alternative relief: in the event the petition is denied, an order that the petitioner be compensated through the Money Laundering and Asset Recovery Section / Department of Justice remission process, as set forth in the government's submission to the Court at Dkt. 785;
Such other and further relief as the Court deems just and proper.

Companion Filings

The petition is accompanied by:

Notice of Appearance of Kevin J. O'Brien (case-doc-840), filed the same day;
Court's Order adding 1328777 B.C. Ltd. as an interested party on the docket (case-doc-839), entered the same day.

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