Wednesday, July 21, 2021

Guo Wengui With Bannon Cited Sued Strategic Vision Now $1M But No Pre-Judgment Interest

 

By Matthew Russell Lee, Exclusive Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, July 14 – Guo Wengui's Eastern Profit Corporation sued Strategic Vision US LLC, in a sealed complaint.  

 On October 5, 2020 U.S. District Court for the Southern District of New York Judge Lewis J. Liman held a proceeding. Inner City Press live tweeted it, here and below.

 After the bench trial (below), this: "FINDINGS OF FACT AND CONCLUSIONS OF LAW: For the reasons explained above, the Court concludes that Eastern prevails on its claim for a declaratory judgment that the Agreement is unenforceable and void, and Eastern is entitled to restitution in the amount of the $1 million Strategic was never entitled to collect from Eastern. The Court has reviewed the remaining arguments and defenses, which fail."

And now on July 14, the stipulation: $1 million but with the pre-judgment interest crossed out, photo here. "STIPULATED AND FINAL JUDGMENT: IT IS HEREBY ORDERED AND ADJUDGED, this 14 day of July, 2021, that: 1. JUDGMENT is entered in Eastern's favor and against Strategic on Count III (Declaratory Judgment) of Eastern's Second Amended Complaint (Dkt. No. 93 46-107), Count I (Breach of Contract) of Strategic's Counterclaims (Dkt. No. 127 89-104), and Count II (Fraud) of Strategic's Counterclaims (Dkt. No. 127 105-116); 2. Eastern is hereby AWARDED $1 million USD, plus post-judgment interest in the amount of $2.47 per day beginning on June 30, 2021; and 3. Following entry of this judgment, Eastern may apply for allowable costs pursuant to Fed. R. Civ. P. 54(d) and Local Rule 54.1. SO ORDERED. (Signed by Judge Lewis J. Liman on 7/14/2021)"

 Back on March 31 after Steve Bannon got a pardon from then-President Trump, Judge Liman held another conference, and Inner City Press again covered it.

  As the parties prepared to go to (bench) trial, Eastern Profit's lawyer asked to go into a sealed courtroom. Judge Liman asked for her proffer and she said that a certain witness - whom she left unnamed - may well invoke the Fifth Amendment right to not incriminate oneself, that there are criminal issues in the air.

Inner City Press has now published the complaint on Patreon here; the talk of the centrality of the witness and the looming but not current criminal issues point in one direction.

  On April 30, Judge Liman held closing arguments, and Inner City Press live tweeted:

 A complete letter on Patreon here.

From April 22: Q: Mr. Guo, do you live in the Sherry Netherland Hotel?

Guo: I invoke my privilege under the 5th Amendment.

 Q: Mr. Guo, is it true that video recording in your apartment, that you did not make, appeared on the Internet?

 Guo: It was at the very beginning, on some Twitter from the CCP, in China.

Q: You received a subpoena for all video or audio of your meetings with Chinese officials, but did not provide this one?

Guo: I don't know where that video is now. I have never seen it all the way through.

 Q: Is that the video where you say Chinese officials tried to kidnap you and take you back to China?

Guo: We met for many hours. That was just a little bit of what happened. They said they have a lot of resources and organizations in the US that can have me killed

Q: Isn't it true that during this meeting, your wife made dumplings for the Chinese officials?

Guo: Yes.

Q: Then you walked the group out of the building. Guo: I did.

Judge Liman: Please explain how he can invoke the 5th Amendment when Strategic's counsel ask about a transcript Mr. Guo has already adopted?

Mr. Klein: He said, my name is there. He did not say, I said that.

Judge Liman: He was represented by counsel, by you.

 Mr Klein: He was answering on another topic, we're invoking only as to certain topic areas. He can confirm it is on the page. I view it as tethering to certain topical areas. Judge Liman: Let me explore the limits of your invocation...

 Judge Liman: We'll leave it open, and if I determine there is no good faith invocation, we'll come back.

Q: Mr. Guo, you said, "I will not make any decisions before the 19th National Congress." That's what you said to Mr Ping, no? Guo: I was repeating what I said

 Q: You said, I am not against the Party, neither have I said I am for the Party, right? Guo: That is different than what I said. They wanted me to say I am for the CCP. I refused.

 Q: Mr. Guo, have you attacked Mr. Bob Fu online? Guo: I have never attacked anyone. There were a million online attacking me. Why would I retaliate against all of them. It is the strategy of the CCP, unrestricted warfare.

Q: Mr. Guo, have you encouraged your followed to harass Sasha Gong? Guo: Absolutely impossible. Q: Have you accused Sasha Gong of being a Communist spy? Guo: It was after she called me a spy. Then I retaliate. Q: Bob Fu is a pastor? Guo: No, a CCP member.

 Q: Mr Guo, isn't a large part of your work attacking dissidents in this country? Guo: This is purely a lie. 99% of my time is against the CCP, exposing them, their deeds in Xinjiang, Tibet, exposing the truth about the virus...

 Q: Mr. Guo, you said you wanted to go back to China after showing merit Guo: I don't recall that. Q: You wanted to get research and evidence to take out one faction of the CCP, correct? Guo: Absolutely impossible

 Judge Liman: We'll take our break... Then we'll have our last witness.

 [Sasha Gong, here]

Back on April 21, at the end of the day, Guo himself took the stand. Here is Inner City Press' thread of that:

Outside the SDNY  courthouse there are two dozen Guo supporters. A witness in this case wrote in and characterized them as thugs "surfing" Chinatown looking for people to beat up. Yet in the gallery as the trial began there was only Inner City Press

  Previous: Lawyer for Eastern Profit Corporation Limited says Mr. Guo is a "real dissident," and that it will be proved at this trial. Accuses Strategic Vision US LLC of falsely claiming Guo *supports* Xi.

Eastern Profit Corporation Limited wants a judgment of $1 million and that Strategic's claims be stricken.

  The case, in which Guo is also known as Miles Kwok and in which now SDNY criminal subject Stephen K. Bannon is also listed, is Eastern Profit Corporation Limited v. Strategic Vision US LLC, 18-cv-2185 (Liman)

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