Miles Guo Court Documents · Doc 842

法庭文件 · 2026-04-27 · 6 页 · United States District Court · S.D.N.Y.

anonymous mandamus petitionregistered crime victimSection 3771(d)(3)Despins July 22 hearingHimalaya Exchange forfeituresentencing delayCVRASection 3771(a)(8) confidentiality

An anonymous victim asks the Second Circuit to cancel the sentencing delay and force the district court to move forward quickly so victim recovery funds are not lost to the bankruptcy case.

摘要

Anonymous Crime Victim's Emergency Petition for Writ of Mandamus

This six-page document is a petition for a writ of mandamus filed in the U.S. Court of Appeals for the Second Circuit (Case No. 26-1129, docketed April 28, 2026) by an anonymous registered crime victim in United States v. Ho Wan Kwok, a/k/a Miles Guo, District Court Docket No. 1:23-cr-00118-AT (S.D.N.Y.).

Petitioner Identity and Confidentiality Request

The petitioner identifies as a registered crime victim and proceeds directly under 18 U.S.C. § 3771(d)(3) (not through the Victim Witness Unit notification system). The petitioner notes that Victim Identification No. 252627 is used solely for notification purposes by the Victim Witness Unit and is referenced only for that purpose. The petitioner requests that the filing and the petitioner's identity be kept confidential and not be made available to the public or posted on any public docket, pursuant to 18 U.S.C. § 3771(a)(8).

I. Jurisdiction and Standing

The petition recites jurisdiction under 18 U.S.C. § 3771(d)(3) and the All Writs Act, 28 U.S.C. § 1651. The petitioner states:

Status as a registered crime victim in the underlying case (citing ECF No. 477-1);
Standing under the Crime Victims' Rights Act (CVRA);
Prior filings in the district court (citing ECF Nos. 739 and 742) with written confirmation from the district court acknowledging receipt of those CVRA requests;
A pending remission application with the Department of Justice;
Six prior mandamus petitions to the Second Circuit, three of which received formal responses.

II. Statement of Facts

The Urgent July 22, 2026 Hearing

The petition identifies an independent and urgent ground for relief: on July 22, 2026, Chapter 11 bankruptcy trustee Luc Despins is scheduled to seek a declaratory judgment that the defendant is the beneficial owner of the Himalaya Exchange entities, with an order transferring all of those assets into the bankruptcy estate.

The Court's decision to adjourn sentencing from April 27 to June 29, 2026 leaves only a 23-day window before the July 22 hearing. The petition argues that if a final order of forfeiture is not issued before July 22, 2026, the primary assets available for victim restitution face a substantial and potentially irreparable risk of being absorbed by the bankruptcy proceedings.

Procedural Chronology

The jury returned its verdict on July 16, 2024.
Sentencing has been adjourned eight times, totaling more than 700 days.
The Preliminary Order of Forfeiture was entered on August 11, 2025, covering approximately $1.3 billion in criminal assets, including approximately $600 million in Himalaya Exchange entities.
Despite the passage of more than eight months since the Preliminary Order of Forfeiture, no final order of forfeiture has issued and the restitution process has not begun.
Since the defendant's fourth request for adjournment (ECF No. 719), the petitioner has repeatedly sought relief from the district court. On September 10, 2025, through ECF Nos. 739 and 742, the petitioner specifically pointed out the large number of designated victims awaiting adjudication.

Relief Requested

The petition asks the Second Circuit to:

Cancel or compress the sentencing adjournment;
Compel the district court to move forward more quickly so that a final order of forfeiture can be entered before the July 22, 2026 bankruptcy hearing;
Otherwise ensure that the assets identified for victim restitution are not lost to the parallel bankruptcy proceedings.

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Summary