STIPULATION CONTINUING TRIAL DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Martin Kao… — USA v. Kao (Dkt. 45)

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Stipulation Continuing Trial Date and Excluding Time Under the Speedy Trial Act, Document 45, filed 05/24/21, United States of America v. Martin Kao, CR. NO. 21-00061 JAO, with footer Case 1:21-cr-00061-LEK. The page lists the old trial date as July 6, 2021 and the new trial date as April 18, 2022. The parties stipulate that defense counsel needs time to review the extensive discovery, investigate potential defenses and file motions, and the marked boxes cite a miscarriage of justice and denial of reasonable preparation time for defense counsel. In the order, jury selection and trial are set for April 18, 2022 at 9:00 a.m., the final pretrial conference for March 21, 2022 at 1:45 p.m., motions are due March 7, 2022 and responses March 21, 2022. The time through April 18, 2022 is excluded under 18 U.S.C. 3161.

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JUDITH A. PHILIPS 
 
 
       DANIEL S. KAHN 
Acting United States Attorney  
       Acting Chief, Fraud Section 
District of Hawaii  
 
 
       Criminal Division, U.S. Dept. of Justice 
 
CRAIG S. NOLAN 
 
 
       THOMAS J. TYNAN 
Assistant U.S. Attorney  
 
       Trial Attorney 
Room 6100, PJKK Federal Building        U.S. Dept. of Justice  
300 Ala Moana Blvd. 
 
 
       Criminal Division, Fraud Section 
Honolulu, Hawaii  96850  
 
       1400 New York Avenue, N.W. 
Telephone:  (808) 541-2850 
 
       Washington, D.C. 20005 
Facsimile:  (808) 541-2958 
 
       Telephone:  (202) 768-1136 
E-mail: Craig.Nolan@usdoj.gov 
       E-mail: Thomas.Tynan@usdoj.gov 
 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
 
IN THE UNITED STATES DISTRICT COURT 
 
FOR THE DISTRICT OF HAWAII 
 
UNITED STATES OF 
AMERICA, 
 
 
 
Plaintiff, 
 
 
vs. 
 
MARTIN KAO, 
 
 
 
Defendant. 
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CR. NO. 21-00061 JAO 
 
STIPULATION CONTINUING TRIAL 
DATE AND EXCLUDING TIME 
UNDER THE SPEEDY TRIAL ACT 
 
OLD TRIAL DATE: July 6, 2021 
NEW TRIAL DATE: April 18, 2022 
 
 
STIPULATION CONTINUING TRIAL DATE 
AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT 
 
 
A.  The United States of America and the defendant, MARTIN KAO, 
through their respective attorneys, hereby agree and stipulate to continue the trial 
in this case and to exclude the time period from the date this Order is signed to and 
Case 1:21-cr-00061-LEK     Document 45     Filed 05/24/21     Page 1 of 6  PageID.178

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including the new trial date from computation under the Speedy Trial Act.  The 
reason for the continuance is that defense counsel needs adequate time to review 
the extensive discovery produced by the government, thoroughly investigate 
potential factual and legal defenses, and file any appropriate motions. 
B.  The parties further agree that the ends of justice served by the 
continuance outweigh the best interests of the defendant and the public in a speedy 
trial, and: 
1. The failure to grant such a continuance would be likely 
☐  To make a continuation of such proceeding impossible  
☒   To result in a miscarriage of justice. 
2. The case is so 
☐ Unusual 
☐ Complex 
due to the  
☐ Number of defendants 
☐ Nature of the prosecution 
☐ Existence of novel questions of fact or law 
Case 1:21-cr-00061-LEK     Document 45     Filed 05/24/21     Page 2 of 6  PageID.179

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that it is unreasonable to expect adequate preparation for pretrial 
proceedings or for the trial itself within the time limits established 
by the Speedy Trial Act. 
3. The failure to grant the continuance would 
☐ Deny the defendant reasonable time to obtain counsel 
☐ Unreasonably deny the defendant continuity of counsel 
☐ Unreasonably deny the government continuity of counsel 
☒ Deny counsel for the defendant the reasonable time necessary 
for effective preparation, taking into account the exercise of due 
diligence  
☐ Deny counsel for the government the reasonable time necessary 
for effective preparation, taking into account the exercise of due 
diligence. 
C. 
The parties further agree that the period of time from the date this 
Order is signed to and including April 18, 2022 constitutes a period of delay which 
shall be excluded in computing the time within which the trial in this case  
// 
// 
 
Case 1:21-cr-00061-LEK     Document 45     Filed 05/24/21     Page 3 of 6  PageID.180

must commence pursuant to the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A), 
(h)(7)(B), and (h)(6). 
DATED: May 24, 2021, at Honolulu, Hawaii. 
JUDITH A. PHILIPS 
Acting United States Attorney 
District of Hawaii 
By Isl Craig S. Nolan 
CRAIG S. NOLAN 
Assistant U.S. Attorney 
DANIEL S. KAHN 
Acting Chief, Fraud Section 
Criminal Division 
U.S. Department of Justice 
By Isl Thomas J. Tynan 
THOMAS J. TYNAN 
Trial Attorney 
.-,,V.1.Js'-'-Y''9-G'~ JAY GREEN, ESQ. 
Attorney for Defendant 
MARTIN KAO 
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Case 1:21-cr-00061-LEK     Document 45     Filed 05/24/21     Page 4 of 6  PageID.181

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ORDER CONTINUING TRIAL DATE 
AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT 
 
The above Stipulation Continuing Trial Date and Excluding Time under the 
Speedy Trial Act is hereby approved, and the agreements set forth in paragraphs A, 
B, and C of the Stipulation are adopted as findings by the Court.  For the reasons 
stated, IT IS HEREBY ORDERED: 
(1) 
the jury selection and trial are set for April 18, 2022 at 9:00 a.m. 
before United States District Judge Jill A. Otake; 
(2) 
the final pretrial conference is set for March 21, 2022 at 1:45 p.m. 
before United States Magistrate Judge Wes Reber Porter; and 
(3) 
motions are due on March 7, 2022, and responses are due on March 
21, 2022. 
IT IS FURTHER ORDERED that the period of time from the date this Order 
is signed to and including April 18, 2022, constitutes a period of delay which  
// 
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// 
// 
Case 1:21-cr-00061-LEK     Document 45     Filed 05/24/21     Page 5 of 6  PageID.182

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shall be excluded in computing the time within which the trial in this case must 
commence pursuant to the Speedy Trial Act, 18 U.S.C. '' 3161(h)(7)(A), 
(h)(7)(B), and (h)(6). 
DATED:  Honolulu, Hawaiʻi, May 24, 2021. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
UNITED STATES v. MARTIN KAO 
Cr. No. 21-00066 JAO  
“Stipulation and Order Continuing Trial Date and Excluding Time under the 
Speedy Trial Act” 
Case 1:21-cr-00061-LEK     Document 45     Filed 05/24/21     Page 6 of 6  PageID.183

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