Petition for Remission/Mitigation Form (Case 1:22-cr-00023-SWS, Document 26)
Summary
Petition for Remission/Mitigation Form filed June 15, 2022 as Document 26 in Case 1:22-cr-00023-SWS (D. Wyo.). The petitioner is listed as Ria R Squared, Inc., with David Kang as petitioner contact and Steven R. Popofsky of Kleinberg, Kaplan, Wolff & Cohen, P.C. as attorney. The form lists seized financial instruments, checking and savings accounts, with asset IDs beginning 21-FBI-007105, in which the petitioner selects Owner and Victim roles. In the victim section the petition states that it sent $14,700,000 to Paul McCown due to false and fraudulent representations, that the debt owed was $15 million under a promissory note, and that it attaches its civil complaint. It also requests mitigation of the forfeiture to avoid extreme hardship, and the attorney's declaration is dated 6/14/22.
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“Petition for Remission/Mitigation Form (Case 1:22-cr-00023-SWS, Document 26).”
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Case 1:22-cr-00023-SWS Document 26 Filed 06/15/22 Page 1 of 9
PETITION FOR REMISSION/MITIGATION FORM
Note: There is no legal form or format required for filing a petition; this document is provided for your convenience.
Please visit https://www.forfeiture.gov/FilingPetition.htm for more specific guidance on filing your petition with the
appropriate seizing agency.
Frivolous Petition Statement: A petition containing false information may subject the petitioner to criminal prosecution
under Title 18 United States Code Section 1001 and Title 18 United Sates Code Section 1621.
Privacy Act Notice: The Department of Justice is collecting this information for the purpose of processing your petition
for remission and/or mitigation. Providing this information is voluntary; however, the information is necessary to process
your application. Information collected is covered by Privacy Act System of Records Notice Department of Justice (DOJ),
DOJ-002-DOJ Computer Systems Activity & Access Records, Federal Register (71 FR 29170). This information may be
disclosed to contractors when necessary to accomplish an agency function, to law enforcement when there is a violation
or potential violation of law, or in accordance with other published routine uses. For a complete list of routine uses, see
the system records notice listed above.
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Case 1:22-cr-00023-SWS Document 26 Filed 06/15/22 Page 2 of 9
SECTION I - CONTACT INFORMATION
PETITIONER INFORMATION
Petitioner/Contact Name: (Last, First)
Kang, David
Business/Institution Name: (if applicable) Prisoner ID: (if applicable)
Ria R Squared, Inc.
Address: (Include Street, City, State, and Zip Code)
405 Lexington Ave.
Fl. 2600
New York, NY 10174
Social Security Number/Tax Identification Number: (Enter N/A if you do not have one)
66-0858686
Phone: (optional) Email: (optional)
ATTORNEY INFORMATION (if applicable)
Attorney Name: (Last, First)
Popofsky, Steven R.
Attorney Title:
Firm Name: (if applicable)
Kleinberg, Kaplan, Wolff & Cohen, P.C.
Attorney Address: (Include Street, City, State, and Zip Code)
500 Fifth Ave.
New York, NY 10110
Are you an attorney filing this petition on behalf of your client? X Yes No
Attorney Phone: (optional) Attorney Email: (optional)
212-880-9882 spopofsky@kkwc.com
If any of this information changes, you are responsible for notifying the agency of the new information.
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Case 1:22-cr-00023-SWS Document 26 Filed 06/15/22 Page 3 of 9
SECTION II - ASSET LIST
You must identify your role for each asset in your petition. Please review the role definitions below.
ROLE INFORMATION (multiple roles may apply to each asset)
Owner The person in whom primary title is vested or whose interest is manifested by the actual and beneficial
use of the property, even though the title is vested in another. A victim of an offense, as defined in this
section, may also be an owner if he or she has a present legally cognizable ownership interest in the
property forfeited. A nominal owner of property will not be treated as its true owner if he or she is not
its beneficial owner.
Victim A person who has incurred a pecuniary loss as a direct result of the commission of the offense
underlying a forfeiture. A drug user is not considered a victim of a drug trafficking offense under this
definition. A victim does not include one who acquires a right to sue the perpetrator of the criminal
offense for any loss by assignment, subrogation, inheritance or otherwise from the actual victim,
unless that person has acquired an actual ownership interest in the forfeited property; provided
however, that if a victim has received compensation from insurance or any other source with respect
to a pecuniary loss, remission may be granted to the third party who provided the compensation, up to
the amount of the victim's pecuniary loss.
Lienholder A creditor whose claim or debt is secured by a specific right to obtain satisfaction against the
particular property subject to forfeiture. A lien creditor qualifies as a lienholder if the lien:
(1) Was established by operation of law or contract;
(2) Was created as a result of an exchange of money, goods, or services; and
(3) Is perfected against the specific property forfeited for which remission or mitigation is sought
(e.g., a real estate mortgage; a mechanic's lien).
Identify the asset ID and asset description for each asset you are petitioning and indicate your role as a petitioner for
each asset. You may select one or more roles.
# Asset ID Asset Description Owner Victim Lienholder
1 21-FBI-007105 Financial Instrument - Checking and Savings X X
Accounts - Value = $739,143.76, SN: ****5012
seized by the FBI on June 16, 2021 in Lander, WY.
2 21-FBI-007120 Financial Instrument - Checking and Savings X X
Accounts - Value = $10,876.24, SN: ****6428 seized
by the FBI on June 16, 2021 in Lander, WY.
3 21-FBI-007381 Financial Instrument - Checking and Savings X X
Accounts - Value = $969.97, SN: ****3668 seized by
the FBI on June 16, 2021 in Riverton, WY.
4 21-FBI-007382 Financial Instrument - Checking and Savings X X
Accounts - Value = $699,531.26, SN: ****3957
seized by the FBI on June 16, 2021 in Riverton, WY.
5 21-FBI-007383 Financial Instrument - Checking and Savings X X
Accounts - Value = $351,300.67, SN: ****2061
seized by the FBI on June 16, 2021 in Lander, WY.
6 21-FBI-007384 Financial Instrument - Checking and Savings X X
Accounts - Value = $8,428,307.55, SN: ****1606
seized by the FBI on June 16, 2021 in lander, WY.
7 21-FBI-008703 Financial Instrument - Checking and Savings X X
Accounts - Value = $13,870.89, SN: ****2284 seized
by the FBI on July 27, 2021 in lander, WY.
8 21-FBI-008704 Financial Instrument - Checking and Savings X X
Accounts - Value = $301,129.11, SN: ****4358
seized by the FBI on July 2, 2021 in Lander, WY.
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SECTION II - ASSET LIST
# Asset ID Asset Description Owner Victim Lienholder
9 21-FBI-008705 Financial Instrument - Checking and Savings X X
Accounts - Value = $372,509.60, SN: ****0746
seized by the FBI on July 2, 2021 in lander, WY.
10 21-FBI-008759 Financial Instrument - Checking and Savings X X
Accounts - Value = $550,000.00, SN: ****4516
seized by the FBI on June 17, 2021 in Lander, WY.
11 21-FBI-008760 Financial Instrument - Checking and Savings X X
Accounts - Value = $500,000.00, SN: ****6221
seized by the FBI on June 17, 2021 in Lander, WY.
12 21-FBI-008761 Financial Instrument - Checking and Savings X X
Accounts - Value = $838,845.23, SN: ****2868
seized by the FBI on June 24, 2021 in Lander, WY.
13 21-FBI-008762 Financial Instrument - Checking and Savings X X
Accounts - Value = $496,692.45, SN: ****
seized by the FBI on July 26, 2021 in lander, WY.
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Case 1:22-cr-00023-SWS Document 26 Filed 06/15/22 Page 5 of 9
SECTION III - VICTIM PETITION
If you are filing this petition as a victim, please fill out the information below. The information must apply to all of the
assets you selected as a victim role in the previous section. If you are not filing as a victim for any assets, you may skip
this section.
I am requesting remission of this forfeiture because I am a victim of the criminal offense underlying the
forfeiture of this property or am the victim of a related offense and I have suffered a pecuniary loss as a result of
that offense as described below:
See the attached Complaint (with exhibits but without the voluminous exhibits to those exhibits) in our civil suit against
Paul McCown. We sent $14,700,000 to Paul McCown due to the false and fraudulent representations for which we
understand he is pleading guilty. The total debt he owed to us was $15 million pursuant to a promissory note. We are
also entitled to interest on those sums, and our total loss includes as well the opportunity cost, in excess of $2,000,000,
for the money out of which we were defrauded.
Please provide the total pecuniary loss claimed. This is the total amount you claim to have lost.
17000000.00 United States Dollar
If you have recovered any of your losses, please list the details below. If you have more than two sources of
recovery, please print multiple copies of this table to submit with the petition.
SOURCE(S) OF RECOVERY (if applicable)
Source of Recovery 1: Amount of Recovery:
Phillip McCown 23699.33 United States Dollar
In the space below, please list any documents you are including in support of your victim petition. If none are
included, please explain why.
* Our Complaint, referred to above, is attached, and sets forth the basis for our entitlement to monies seized by the FBI
that are the proceeds of Mr. McCown’s fraud perpetrated against us. - Attachment to Petition - Complaint with Exhibits.
pdf
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SECTION IV - INTEREST IN PROPERTY
Provide additional information for the assets where you have identified yourself as the owner and/or lienholder. If you are
petitioning for multiple assets and the responses are not the same for each asset, please print out multiple copies of this
page to submit with the petition and indicate which assets apply to each page. If you have documentation that supports
your interest in the petitioned assets (bill of sale, retail installment agreements, contracts, titles or mortgages) please
include copies of the documents with the submission of the petition.
INTEREST IN PROPERTY INFORMATION
Asset ID Asset Description
21-FBI-007105 Financial Instrument - Checking and Savings Accounts - Value = $739,143.76, SN:
****5012 seized by the FBI on June 16, 2021 in Lander, WY.
21-FBI-007120 Financial Instrument - Checking and Savings Accounts - Value = $10,876.24, SN:
****6428 seized by the FBI on June 16, 2021 in Lander, WY.
21-FBI-007381 Financial Instrument - Checking and Savings Accounts - Value = $969.97, SN: ****3668
seized by the FBI on June 16, 2021 in Riverton, WY.
21-FBI-007382 Financial Instrument - Checking and Savings Accounts - Value = $699,531.26, SN:
****3957 seized by the FBI on June 16, 2021 in Riverton, WY.
21-FBI-007383 Financial Instrument - Checking and Savings Accounts - Value = $351,300.67, SN:
****2061 seized by the FBI on June 16, 2021 in Lander, WY.
21-FBI-007384 Financial Instrument - Checking and Savings Accounts - Value = $8,428,307.55, SN:
****1606 seized by the FBI on June 16, 2021 in lander, WY.
21-FBI-008703 Financial Instrument - Checking and Savings Accounts - Value = $13,870.89, SN:
****2284 seized by the FBI on July 27, 2021 in lander, WY.
21-FBI-008704 Financial Instrument - Checking and Savings Accounts - Value = $301,129.11, SN:
****4358 seized by the FBI on July 2, 2021 in Lander, WY.
21-FBI-008705 Financial Instrument - Checking and Savings Accounts - Value = $372,509.60, SN:
****0746 seized by the FBI on July 2, 2021 in lander, WY.
21-FBI-008759 Financial Instrument - Checking and Savings Accounts - Value = $550,000.00, SN:
****4516 seized by the FBI on June 17, 2021 in Lander, WY.
21-FBI-008760 Financial Instrument - Checking and Savings Accounts - Value = $500,000.00, SN:
****6221 seized by the FBI on June 17, 2021 in Lander, WY.
21-FBI-008761 Financial Instrument - Checking and Savings Accounts - Value = $838,845.23, SN:
****2868 seized by the FBI on June 24, 2021 in Lander, WY.
21-FBI-008762 Financial Instrument - Checking and Savings Accounts - Value = $496,692.45, SN: ****
seized by the FBI on July 26, 2021 in lander, WY.
In the space below, please explain why you have a valid, good faith, and legally recognizable interest in the
asset(s) as an owner or lienholder:
See the attached Complaint.
Select the reason why you are petitioning for remission and/or mitigation of the asset(s)?
I am an innocent owner and I did not know of the conduct giving rise to the forfeiture OR I am an innocent owner
and upon learning of the conduct giving rise to the forfeiture, I did all that reasonably could be expected under the
circumstance to terminate such use of the property.
I was a bona fide purchaser or seller of the forfeited property for value, AND I did not know and was without cause
X
to believe that the property was subject to forfeiture at the time I acquired my interest in the property.
None of the above. I am only seeking mitigation.
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SECTION IV - INTEREST IN PROPERTY
In the space below, please explain the reason for filing a petition.
See above and the attached Complaint.
In the event that the ruling official determines that I do not qualify for remission of the property, I hereby
request mitigation of the forfeiture to avoid extreme hardship.
X YES NO
In support of my request, I would like the ruling official to consider the following extenuating circumstances:
See above.
In the space below, please list any documents you are including in support of your interest in the asset(s). If
none are included, please explain why.
* See the attached Complaint in our civil suit against Paul McCown. - Attachment to Petition - Complaint with Exhibits.
pdf
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SECTION V - RECOVERY OF LOSS
Complete this section for the assets where you have identified yourself as the owner and/or lienholder and you have
recovered all or a portion of your losses either via an insurance claim and/or via some other source of recovery. If you
have more recovery of loss information than may fit on this page, print out multiple copies of this page to submit with the
petition and indicate which assets apply to each page. If you have not received any recovery of your losses, then leave
this section blank.
RECOVERY OF LOSS INFORMATION
Asset ID Asset Description
21-FBI-007105 Financial Instrument - Checking and Savings Accounts - Value = $739,143.76, SN:
****5012 seized by the FBI on June 16, 2021 in Lander, WY.
21-FBI-007120 Financial Instrument - Checking and Savings Accounts - Value = $10,876.24, SN:
****6428 seized by the FBI on June 16, 2021 in Lander, WY.
21-FBI-007381 Financial Instrument - Checking and Savings Accounts - Value = $969.97, SN: ****3668
seized by the FBI on June 16, 2021 in Riverton, WY.
21-FBI-007382 Financial Instrument - Checking and Savings Accounts - Value = $699,531.26, SN:
****3957 seized by the FBI on June 16, 2021 in Riverton, WY.
21-FBI-007383 Financial Instrument - Checking and Savings Accounts - Value = $351,300.67, SN:
****2061 seized by the FBI on June 16, 2021 in Lander, WY.
21-FBI-007384 Financial Instrument - Checking and Savings Accounts - Value = $8,428,307.55, SN:
****1606 seized by the FBI on June 16, 2021 in lander, WY.
21-FBI-008703 Financial Instrument - Checking and Savings Accounts - Value = $13,870.89, SN:
****2284 seized by the FBI on July 27, 2021 in lander, WY.
21-FBI-008704 Financial Instrument - Checking and Savings Accounts - Value = $301,129.11, SN:
****4358 seized by the FBI on July 2, 2021 in Lander, WY.
21-FBI-008705 Financial Instrument - Checking and Savings Accounts - Value = $372,509.60, SN:
****0746 seized by the FBI on July 2, 2021 in lander, WY.
21-FBI-008759 Financial Instrument - Checking and Savings Accounts - Value = $550,000.00, SN:
****4516 seized by the FBI on June 17, 2021 in Lander, WY.
21-FBI-008760 Financial Instrument - Checking and Savings Accounts - Value = $500,000.00, SN:
****6221 seized by the FBI on June 17, 2021 in Lander, WY.
21-FBI-008761 Financial Instrument - Checking and Savings Accounts - Value = $838,845.23, SN:
****2868 seized by the FBI on June 24, 2021 in Lander, WY.
21-FBI-008762 Financial Instrument - Checking and Savings Accounts - Value = $496,692.45, SN: ****
seized by the FBI on July 26, 2021 in lander, WY.
If other sources of recovery exist (e.g., restitution, returns on investment or other settlements), please list and
describe the details below.
OTHER SOURCE(S) OF RECOVERY (if applicable)
Source of Recovery 1: Amount of Recovery:
Phillip McCown 23699.33 United States Dollar
In the space below, please list any documents you are including in support of your recovery of loss. If none are
included, please explain why.
* See the attached Complaint. - Attachment to Petition - Complaint with Exhibits.pdf
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SECTION VI - DECLARATION AND REPRESENTATION
The following declaration should be completed by the petitioner. If the petitioner is represented by an attorney, the
attorney may complete the declaration as long as the petitioner completes the sworn notice of representation.
I attest and declare under penalty of perjury that my petition is not frivolous and the information provided in support of
my petition is true and correct to the best of my knowledge and belief.
Petition electronically signed by the attorney for the petitioner
Signature
Popofsky, Steven R.
Printed Name
6/14/22
Date
Sworn Notice of Representation
This section must be completed only by petitioners who are represented by an attorney and whose attorney has
executed the declaration provided above.
I have retained the above-named attorney who has authority to represent me in this matter. I have fully reviewed the
foregoing petition and found that its contents are truthful and accurate in every respect. I declare under penalty of perjury
that the foregoing information is true and correct.
Petition electronically signed by the attorney for the petitioner
Signature
Kang, David
Printed Name
6/14/22
Date
A petition containing false information may subject the petitioner to criminal prosecution under Title 18 United States
Code Section 1001 and Title 18 United States Code Section 1621.
Attached Documents:
* Sworn Notice - Ria R. Squared, Inc. - Signed Petition.pdf
* Signed Petition - Ria R. Squared, Inc. - Signed Petition.pdf
224D-EDD-B5D-D0C 06/14/2022
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