XIPING Gao, who attempted to enter Guam illegally by boat, wants the $9,000 seized from her and her domestic partner by the U.S. Homeland Security Investigations returned.
Gao, represented by attorney Joe McDoulett, requested the federal court on Oct. 2 for an order returning her property to her.
Gao and her partner Rui Wang were among the 14 Chinese nationals who were arrested recently for attempting to enter Guam illegally by boat.
According to McDoulett, HSI seized approximately $9,000 from Rui Wang on Sept. 13.
“HSI continues to hold this money. Gao is deprived of the use of her property during the time she is awaiting sentencing and arranging for her departure as required by her plea agreement,” McDoulett said.
Gao and Wang formed a domestic partnership in 2018, stated Gao’s motion for return of property.
It added that on Sept. 13, Wang was in possession of approximately $9,000.
“Wang and Gao combined their resources to prepare this money. Of the $9,000, $4,500 belonged to Gao and $4,500 belonged to Wang. Gao entrusted her money to Wang to carry on Sept. 13,” the motion stated.
Gao and Wang have pleaded guilty.
On Sept. 29, Wang was sentenced to time served while Gao is scheduled to be sentenced on Nov. 3.
“There is no pending criminal proceeding against either Gao or Wang,” McDoulett said. “Pursuant to her plea agreement Gao must depart within four months of sentencing, i.e., no later than March 3, 2024. As a condition of her release, Gao must remain in Saipan and submit to the supervision of the U.S. Probation and Pretrial Services.”
McDoulett said Gao “is not employed. Her only source of income are occasional payments from people she helps with traditional Chinese medicine, such as acupuncture or herbal remedies.”
Wang will depart the island on Oct. 5, 2023, for an emergency medical treatment, McDoulett said.
“A one-way ticket to Gao’s home in China, departing after Nov. 3, 2023, will cost approximately $800. Gao’s monthly expenses consist of rent of $400, cellular telephone service of $20, grocery expense of $300, Chinese medicine and supplies of $50, household necessities and utilities of $200, and support for her children in college of $200, for a total monthly expense of approximately $1,170 for Gao individually,” McDoulett said.
He said there were no allegations against Gao or Wang of having obtained money or any other property as the result of their offense of conspiring to transport an illegal alien.
“The money taken from Wang cannot be considered proceeds of the offense. It follows that the cash is not subject to forfeiture,” McDoulett said.
“Neither a civil nor criminal proceeding exists against Gao. Gao has pleaded guilty, which terminates the criminal proceedings against her. There is no money judgment against her. If Gao is denied a remedy in this court, she loses access to the United States judicial system…due to her required repatriation to China…. Gao’s money should be returned,” McDoulett added.
