郭文贵被捕：被控主导超10亿美元欺诈共谋

Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (FBI), announced the unsealing of a twelve-count Indictment charging HO WAN KWOK, a/k/a “Miles Guo,” a/k/a “Miles Kwok,” a/k/a “Guo Wengui,” a/k/a “Brother Seven,” a/k/a “The Principal,” and KIN MING JE, a/k/a “William Je,” with various wire fraud, securities fraud, bank fraud, and money laundering charges. JE, who is KWOK's financier, is also charged with obstruction of justice. KWOK was arrested this morning in New York, New York, and will be presented this afternoon. JE is currently at large.

In addition, Mr. Williams announced that between September 2022 and March 2023, the U.S. Government seized approximately $634 million from 21 different bank accounts. The $634 million constitutes proceeds of KWOK's alleged fraud, which the Government will seek to forfeit. Today, law enforcement also seized assets that were purchased with proceeds of KWOK's alleged fraud, including a Lamborghini Aventador SVJ Roadster.

U.S. Attorney Damian Williams said: “As alleged, Ho Wan Kwok, known to many as 'Miles Guo,' led a complex conspiracy to defraud thousands of his online followers out of over $1 billion dollars. Kwok is charged with lining his pockets with the money he stole, including buying himself, and his close relatives, a 50,000 square foot mansion, a $3.5 million Ferrari, and even two $36,000 mattresses, and financing a $37 million luxury yacht.”

“As alleged, Kwok lied to his victims and promised them outsized returns if they invested, or provided money to, GTV, his so-called Himalaya Farm Alliance, G|CLUBS, and the Himalaya Exchange.”

FBI Assistant Director Michael J. Driscoll said: “The indictment today alleges the defendants were behind an elaborate scheme that defrauded thousands of individuals of over one billion dollars. Fraudulent investment scams make victims out of innocent people, ultimately harming the public's confidence in the integrity of financial systems.”

GTV Private Placement

On or about April 21, 2020, KWOK posted a video on social media announcing the unregistered offering of GTV Media Group, Inc. (“GTV”) common stock via a private placement. Between on or about April 20, 2020 and on or about June 2, 2020, approximately $452 million worth of GTV common stock was purportedly sold to more than 5,500 investors. In early June 2020, just days after the GTV Private Placement closed, KWOK and JE directed that $100 million of funds raised from the GTV Private Placement be invested in a high-risk hedge fund for the benefit of GTV's parent company and its ultimate beneficial owner who was a close family relative of KWOK.

Farm Loan Program

KWOK, JE, and their co-conspirators fraudulently obtained more than approximately $150 million in victim funds through the “Himalaya Farm Alliance.” KWOK, JE, and others working on their behalf obtained these funds by making further misrepresentations to the investors in the GTV Private Placement and fraudulently soliciting further investments, this time in the form of “loans” to a Farm, and promising that such loans would be convertible into GTV common stock at a conversion rate of one share per dollar loaned.

G|CLUBS

From at least in or about October 2020 through at least in or about March 2023, KWOK, JE, and others fraudulently obtained more than approximately $250 million in victim funds through G|CLUBS, a purported online membership club. In truth, most of the money G|CLUBS members paid did not fund the business of G|CLUBS. Rather, the defendants misappropriated a substantial portion of the victim funds — used, among other things, toward the purchase of KWOK's 50,000 square foot New Jersey mansion; Chinese and Persian rugs worth approximately $978,000, a $62,000 television, and a $53,000 fireplace log cradle holder; and a custom-built Bugatti sports car for approximately $4.4 million.

Himalaya Exchange

KWOK, JE, and others fraudulently obtained more than approximately $262 million in victim funds through the Himalaya Exchange, a purported cryptocurrency “ecosystem.” The Himalaya Exchange included a purported stablecoin called the Himalaya Dollar (“HDO” or “H Dollar”) and a trading coin called Himalaya Coin (“HCN” or “H Coin”). In videos distributed via social media, KWOK falsely stated that if the H Coin were worthless, the issuer could sell 20% of its gold reserves to make investors whole, and that he would personally compensate anyone who lost money. The initial coin offering of HCN and HDO occurred on or about November 1, 2021.

U.S. Government Seizures

On or about September 20, 2022 and September 21, 2022, U.S. authorities served judicially-authorized seizure warrants on several domestic banks, and subsequently seized approximately $335 million of proceeds from bank accounts held in the names of Himalaya Exchange entities and other entities associated with KWOK and JE. U.S. Authorities subsequently seized additional funds from KWOK and JE-associated entities in October 2022 and March 2023. In total, U.S. Authorities seized more than approximately $634 million of fraud proceeds, including approximately $278 million from bank accounts held in the names of the Himalaya Exchange entities.

Charges

• Count 1 — Conspiracy to Commit Wire Fraud, Bank Fraud, Securities Fraud and Money Laundering (KWOK and JE; max 5 years)
• Counts 2–3 — Wire Fraud and Securities Fraud, GTV Private Placement (KWOK and JE; max 20 years each)
• Counts 4–5 — Wire Fraud and Securities Fraud, Farm Loan Program (KWOK and JE; max 20 years each)
• Counts 6–7 — Wire Fraud and Securities Fraud, G|CLUBS (KWOK and JE; max 20 years each)
• Count 8 — Wire Fraud, Himalaya Exchange (KWOK and JE; max 20 years)
• Count 9 — International Promotional Money Laundering (KWOK and JE; max 20 years)
• Count 10 — International Concealment Money Laundering (KWOK and JE; max 20 years)
• Count 11 — Unlawful Monetary Transactions (KWOK and JE; max 10 years)
• Count 12 — Obstruction of Justice (JE; max 20 years)

Mr. Williams praised the investigative work of the FBI. Mr. Williams further thanked the U.S. Securities and Exchange Commission, which today filed a parallel civil action against KWOK and JE, for its assistance and cooperation in this investigation. Mr. Williams also expressed appreciation for the assistance of the United States Marshals Service, the Justice Department's Office of International Affairs, and the U.K. Metropolitan Police.