Miles Guo Court Documents · Doc 844
法庭文件 · 2026-05-01 · 31 页 · United States District Court · S.D.N.Y.
renewed pro se mandamusSecond CircuitSection 853(n)CVRA non-victim statusclerk docketingRule 32.2(c)Pro Se Officesixty-day notice period
A pro se investor asks the Second Circuit to force the district court to docket her non-victim petition and consider returning her frozen G-Series investments.
摘要
Renewed Pro Se Petition for Writ of Mandamus
This 31-page document is a renewed petition for a writ of mandamus filed in the U.S. Court of Appeals for the Second Circuit (Case No. 26-1178, docketed May 1, 2026) by a pro se petitioner identified only as a U.S. citizen and a third-party Pro Se Petitioner in United States v. Kwok, et al., 1:23-CR-118-1 (AT). The petitioner's identity is filed in protected form.
Cover Letter and Procedural Background
The accompanying cover letter, dated April 23, 2026 to the Clerk of the Court of Appeals for the Second Circuit, recites the following procedural history:
- The petitioner filed an initial pro se filing with the SDNY Pro Se Department on October 18, 2025, by email and USPS, both with delivery confirmation, asserting NON-VICTIM STATUS, INVESTMENT PURPOSE, AND ASSERT[ING] INTEREST IN CERTAIN GOVERNMENT FROZEN PROPERTY under 21 U.S.C. § 853(n);
- The petitioner observed that petitions represented by attorneys were docketed but no pro se petitions were docketed;
- A Petition for Writ of Mandamus was filed directly with the Second Circuit on November 24, 2025, with a $600 filing fee and supporting exhibits;
- As of the renewed petition's filing, neither the SDNY pro se filing nor the November 24, 2025 mandamus filing had been docketed;
- Multiple telephone inquiries to the SDNY Pro Se Office produced no status information;
- A Pro Se Filing Status Inquiry filed March 18, 2026 with the SDNY received no response;
- A further inquiry to the Second Circuit on April 3, 2026 is included as an exhibit.
The petitioner accordingly renews and resubmits the Petition for Writ of Mandamus in its entirety so that the Court may address the underlying issues without further delay.
Enclosed Materials
The filing transmits:
- A check for the $600 filing fee;
- Exhibit A: the petitioner's October 18, 2025 SDNY Pro Se filing;
- Exhibit B: Proof of delivery to the SDNY District Court (October 18, 2025 filing);
- Exhibit C: Judge Torres's August 11, 2025 Order, Dkt. 720 (the Preliminary Order of Forfeiture);
- Exhibit D: Copy of the original cover letter and Petition for Writ of Mandamus submitted to the Second Circuit on November 24, 2025, with proof of delivery;
- Exhibit E: Copy of the Pro Se Filing Status Inquiry filed April 3, 2026, with proof of delivery via email.
Statutory Bases for the Petition
The petition is brought under:
- 21 U.S.C. § 853(n) — third-party petition in ancillary forfeiture proceedings;
- Federal Rule of Criminal Procedure 32.2(c) — procedures for ancillary proceedings;
- The Crime Victims' Rights Act (CVRA), 18 U.S.C. § 3771 — particularly for the petitioner's assertion of non-victim status;
- Federal Rule of Criminal Procedure 49.1 — for protection of personal identifying information.
Petitioner's Substantive Assertions
The petition asserts:
- The petitioner is a U.S. citizen residing in the United States;
- The petitioner is a third-party Pro Se Petitioner in the criminal case;
- The petitioner invested in the G-series entities, all of which are seized by the government;
- On August 11, 2025, SDNY District Court Judge Analisa Torres entered Dkt. 720 ordering the government to provide 60 days' notice to persons claiming an interest in the case property;
- On October 18, 2025, within the 60-day notice period, the petitioner filed her third-party Pro Se Petition asserting non-victim status, investment purpose, and an interest in certain government-frozen property;
- The petition was delivered by email and USPS, both with delivery confirmation;
- After the October 18, 2025 filing, the petitioner observed that petitions represented by attorneys were docketed while no pro se petitions were docketed.
Relief Sought
The petitioner requests that the Second Circuit issue a writ of mandamus directing the SDNY to:
- Docket the petitioner's October 18, 2025 pro se filing;
- Adjudicate the petitioner's § 853(n) third-party claim;
- Address the underlying procedural complaint about the non-docketing of pro se filings as compared to counseled filings.
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