Miles Guo Court Documents · Doc 877

摘要

Order · Special Master to Be Appointed for Nonparty Submissions: Duties, Virtual Hearings on § 853(n) Petitions, Fees Paid by the Government

A 2-page Order Regarding Special Master by District Judge Analisa Torres in United States v. Miles Guo, Kin Ming Je, and Yvette Wang, 23 Cr. 118 (AT) (S.D.N.Y.), filed November 5, 2026 as ECF No. 877, companion to the Order Regarding Nonparty Submissions (ECF No. 876).
### Background
After reciting Wang's May 3, 2024 guilty plea, the jury's July 16, 2024 verdict against Guo, both judgments (ECF Nos. 860 and 489) and the forfeiture orders, the Court notes that nonparties have submitted approximately 479 pro se § 853(n) petitions, 34 remission petitions and 363 miscellaneous motions, many not in English and some containing sensitive personal and financial information. Hundreds of individuals have requested a hearing on their § 853(n) petitions. Under Fed. R. Crim. P. 32.2(c), third-party petitions asserting an interest in forfeited property are ancillary proceedings governed by the Federal Rules of Civil Procedure (United States v. Bradley).
### Grounds for appointment and fees
The Court will appoint a special master because of (1) the large volume of filings, (2) the administrative burden of translating them and screening for sensitive information that would preclude public docketing, and (3) the civil nature of the proceedings, invoking Fed. R. Civ. P. 53(a), which allows a master to address matters that cannot be effectively and timely handled by an available district or magistrate judge. Having balanced the Rule 53(g) factors, the Court directs the Government to pay the special master under a fee schedule the master will propose for the Court's approval.
### Duties of the special master
- Screening and docketing: review every submission individually and decide whether it is filed publicly, under seal or not at all (remission petitions go to the U.S. Attorney, not the docket); the Court will supply digital and/or physical copies of each submission.
- Translation: have non-English submissions translated.
- Recommendations: review each submission and recommend a disposition, including whether any should be summarily dismissed under the same-day Order Regarding Nonparty Submissions (ECF No. 876); address each § 853(n) petition on the merits and recommend a ruling, anticipating that the Government may move to dismiss some petitions.
- Hearings: no hearing is required for dismissed submissions, but the master shall hold virtual hearings for every § 853(n) petition that is not dismissed (Watts, 786 F.3d at 160–61).
- Receipt confirmation: establish a procedure for confirming receipt of petitions filed under seal.
- Other grievances: recommend dispositions for miscellaneous submissions not already addressed in ECF No. 876.
### Nominations
Defendants, the Government and any nonparty movant or petitioner may recommend candidates under Fed. R. Civ. P. 53(b)(1). Petitioners and other pro se filers must use the online form designated in the order by November 19, 2026; counseled parties, including Defendants, may instead file letters on the docket by that date. The Court will consider the candidates but is not required to follow any recommendation.