MOTION to Modify Conditions of Release (Unopposed) by Martin Kao. (Chaiken, David) [1:20-mj-01208-WRP] (Dkt. 21)

Summary

An unopposed motion by defendant Martin Kao to modify condition of release No. 7m1, filed October 23, 2020 as Document 21 in Case 1:21-cr-00061-LEK, U.S. District Court for the District of Hawaii. The motion invokes 18 U.S.C. § 3142(c)(3) and refers to the October 2, 2020 minute order (Dkt. 8). It states that Kao is President and Chief Executive Officer of Martin Defense Group, LLC and asks to add a sentence letting him contact five officers and employees of the company on the government's no-contact list for business purposes, but not about the pending case. It states the government does not oppose, and it is signed /s/ David M. Chaiken.

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Michael Jay Green  
HI Bar No. 4451 
841 Bishop Street, Suite 2201 
Honolulu, HI 96813 
michael@michaeljaygreen.com 
Attorneys for Martin Kao
David M. Chaiken  
Troutman Pepper Hamilton Sanders LLP
600 Peachtree St. NE, Suite 3000,  
Atlanta, GA 30308  
David.Chaiken@troutman.com 
Admitted pro hac vice 
Miranda Hooker 
Troutman Pepper Hamilton Sanders LLP
125 High Street 
High Street Tower – 19th Floor 
Boston, MA 02110 
Miranda.Hooker@troutman.com 
Admitted pro hac vice
UNITED STATES DISTRICT COURT 
DISTRICT OF HAWAII 
UNITED STATES OF AMERICA 
Plaintiff, 
vs. 
MARTIN KAO 
Defendant.
Case No:    20-MJ-01208-WRP 
UNOPPOSED MOTION TO 
MODIFY CONDITION OF 
RELEASE 7m1 
UNOPPOSED MOTION TO MODIFY CONDITION OF RELEASE 7m1 
Defendant Martin Kao (“Mr. Kao”), by and through his undersigned counsel, 
respectfully moves, pursuant to 18 U.S.C. § 3142(c)(3), to modify condition of 
Case 1:21-cr-00061-LEK     Document 21     Filed 10/23/20     Page 1 of 6  PageID.82

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release No. 7m1 of the Court’s October 2, 2020 minute order (Dkt. 8) to allow Mr. 
Kao, the President and Chief Executive Officer of Martin Defense Group, LLC 
(“MDG”), to have contact with certain MDG officers and employees on the 
government’s no-contact list for the limited purposes of conducting MDG business.  
Specifically, Mr. Kao requests that the Court modify condition of release No. 7m1 
to add the following sentence to the end of the paragraph:  “Notwithstanding this 
paragraph, the defendant may have contact with MDG officers and employees 
Clifford Chen, Lawrence Kahele Lum Kee, Robert Reantaso, Karen Ernst, and Duke 
Harrington, as necessary to conduct the business of MDG, so long as he does not 
have any discussions or communications with them, directly or indirectly, about the 
pending case, underlying subject matter, or the investigation in general.”  The 
government does not oppose this modification.  In support of this Motion, Mr. Kao 
states as follows: 
1.
On September 30, 2020, Mr. Kao was arrested and charged by criminal 
complaint with bank fraud, in violation of 18 U.S.C. § 1344, and money laundering, 
in violation of 18 U.S.C. § 1957.  (Dkt. 4).  Mr. Kao was detained, and appeared 
before the Honorable Kenneth J. Mansfield for his initial appearance on October 1, 
2020.  (Dkt. No. 1).  At a detention hearing on October 2, 2020, Magistrate Judge 
Mansfield ordered Mr. Kao released on certain conditions, including that Mr. Kao 
have no contact with co-defendants, co-conspirators, or witnesses, as defined in a 
Case 1:21-cr-00061-LEK     Document 21     Filed 10/23/20     Page 2 of 6  PageID.83

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list to be provided by the government.  (Dkt. No. 8).  Mr. Kao was released upon 
payment of a secured bond on October 8, 2020. 
2.
The government’s list of individuals with whom contact is prohibited, 
as provided to Mr. Kao by U.S. Pretrial Services Officer Specialist Erik S. Iverson 
on October 7, 2020, includes fifteen individuals.  Five of the fifteen individuals 
include MDG officers and employees with whom it is critical that Mr. Kao be able 
to communicate in order to conduct MDG’s day-to-day business operations. 
3.
Since being released, Mr. Kao has complied with all of his conditions 
of release, including No. 7m1, to the detriment of MDG.   
4.
Pursuant to 18 U.S.C. § 3142(c)(3), this Court has the authority “at any 
time [to] amend the [release] order to impose additional or different conditions of 
release.”  The Bail Reform Act requires the Court to determine the “least restrictive 
further condition or combination of conditions [that] reasonably assure the 
appearance of the person as required and the safety of any other person and the 
community…”  18 U.S.C. § 3142(c)(1)(B). 
5.
Mr. Kao moves this Court to modify condition of release No. 7m1 to 
allow him to communicate with certain of the MDG officers and employees on the 
no-contact list so that he can continue to operate his company in the regular course 
of business, and to give direction and communicate decisions to facilitate such 
Case 1:21-cr-00061-LEK     Document 21     Filed 10/23/20     Page 3 of 6  PageID.84

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business.  Indeed, the following individuals on the no-contact list are key MDG 
officers and employees with whom it is critical for Mr. Kao to be able to 
communicate about MDG’s affairs in order to continue to run MDG:  Clifford Chen, 
Lawrence Kahele Lum Kee, Robert Reantaso, Karen Ernst, and Duke Hartman.   
6.
The requested modification is limited in scope, only allows Mr. Kao to 
communicate with these individuals for the purpose of conducting MDG business, 
precludes Mr. Kao from communicating with these individuals about the pending 
case, underlying subject matter, or investigation in general, and serves the purpose 
of the Bail Reform Act as Mr. Kao has already established compliance with this 
condition. 
7.
Counsel for Mr. Kao has conferred with counsel for the government, 
who do not oppose the relief requested by this Motion. 
8.
WHEREFORE, Mr. Kao requests that this Court enter an order 
modifying condition of release No. 7m1 to add the following sentence to the end of 
the paragraph:  “Notwithstanding this paragraph, the defendant may have contact 
with MDG officers and employees Clifford Chen, Lawrence Kahele Lum Kee, 
Robert Reantaso, Karen Ernst, and Duke Harrington, as necessary to conduct the 
business of MDG, so long as he does not have any discussions or communications 
Case 1:21-cr-00061-LEK     Document 21     Filed 10/23/20     Page 4 of 6  PageID.85

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with them, directly or indirectly, about the pending case, underlying subject matter, 
or the investigation in general.” 
Dated:  October 23, 2020 
Michael Jay Green 
841 Bishop Street, Suite 2201 
Honolulu, HI 96813 
michael@michaeljaygreen.com 
Respectfully submitted,  
/s/ David M. Chaiken
David M. Chaiken  
Troutman Pepper Hamilton 
Sanders LLP 
600 Peachtree St. NE, Suite 3000,  
Atlanta, GA 30308  
David.Chaiken@Troutman.com
Admitted pro hac vice 
Miranda Hooker 
Troutman Pepper Hamilton 
Sanders LLP 
125 High Street 
High Street Tower – 19th Floor 
Boston, MA 02110 
Miranda.Hooker@Troutman.com
Admitted pro hac vice
Attorneys for Martin Kao
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CERTIFICATE OF SERVICE 
I hereby certify that on October 23, 2020, a true and correct copy of the 
foregoing was served on counsel of record electronically through CM/ECF. 
October 23, 2020 
/s/ David M. Chaiken
David M. Chaiken  
Troutman Pepper Hamilton Sanders LLP 
600 Peachtree St NE, Suite 3000,  
Atlanta, GA 30308  
David.Chaiken@Troutman.com
Admitted pro hac vice 
Case 1:21-cr-00061-LEK     Document 21     Filed 10/23/20     Page 6 of 6  PageID.87

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