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SECOND STIPULATION CONTINUING TRIAL DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to… — USA v. Kao (Dkt. 72)

Summary

Second Stipulation Continuing Trial Date and Excluding Time Under the Speedy Trial Act, Document 72, filed 03/30/22 in United States of America v. Martin Kao, CR. NO. 21-00061 LEK (D. Haw.). It moves the trial from April 18, 2022 to January 17, 2023 because, it says, defense counsel needs time to review extensive discovery, investigate defenses, file motions, and assess the impact of an indictment returned on February 2, 2022 in the District of Columbia, Criminal No. 22-00048-CJN. The parties agree that the period from April 18, 2022 through January 17, 2023 is excluded under 18 U.S.C. § 3161. The order sets jury selection and trial for January 17, 2023 at 9:00 a.m. before Leslie E. Kobayashi, a final pretrial conference for December 12, 2022, and defense motions due December 5, 2022.

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Record facts

Court	U.S. District Court for the District of Hawaii
Filed	2022-03-30

Cite this document

“SECOND STIPULATION CONTINUING TRIAL DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to… — USA v. Kao (Dkt. 72).” U.S. District Court for the District of Hawaii, No. 1:21-cr-00061-LEK, Doc. 72, filed 2022-03-30. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-kao-hawaii-1-21-cr-00061/2022-03-30-gov-uscourts-hid-154418-72-0-doc-72/, SHA-256 917a740a17253115790b77fd7e3a790614c997e292abf1196175cbd2797cacd7.

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Full text

CLARE E. CONNORS #7936  
       JOSEPH BEEMSTERBOER 
United States Attorney 
 
 
       Acting Chief, Fraud Section 
District of Hawaii  
 
 
       Criminal Division, U.S. Dept. of Justice 
 
CRAIG S. NOLAN 
 
 
       JENNIFER BILINKAS 
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) 305-3928 
E-mail: Craig.Nolan@usdoj.gov 
       E-mail: Jennifer.Bilinkas@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 LEK 
 
SECOND STIPULATION 
CONTINUING TRIAL DATE AND 
EXCLUDING TIME UNDER THE 
SPEEDY TRIAL ACT 
 
OLD TRIAL DATE: April 18, 2022 
NEW TRIAL DATE: January 17, 2023 
 
 
SECOND 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 April 18, 2022 to and including the 
Case 1:21-cr-00061-LEK     Document 72     Filed 03/30/22     Page 1 of 6  PageID.231

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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, and to assess the impact of 
the indictment returned on February 2, 2022 in United States District Court for the 
District of Columbia Criminal No. 22-00048-CJN, charging defendant and two 
others with violations of 18 U.S.C. §§ 2, 371, and 1001, and 52 U.S.C. §§ 30109, 
30119, and 30122. 
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 
Case 1:21-cr-00061-LEK     Document 72     Filed 03/30/22     Page 2 of 6  PageID.232

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܆ Nature of the prosecution 
܆ Existence of novel questions of fact or law 
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. 
// 
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Case 1:21-cr-00061-LEK     Document 72     Filed 03/30/22     Page 3 of 6  PageID.233

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C. 
The parties further agree that the period of time from April 18, 2022 
to and including January 17, 2023 constitutes a period of delay which 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:  March 29, 2022, at Honolulu, Hawaii. 
CLARE E. CONNORS 
United States Attorney 
District of Hawaii 
 
By /s/ Craig S. Nolan____________                                  
 
CRAIG S. NOLAN 
 
Assistant U.S. Attorney 
 
 
 
 
 
 
 
JOSEPH BEEMSTERBOER 
 
 
 
 
 
 
Acting Chief, Fraud Section 
 
 
 
 
 
 
Criminal Division 
 
 
 
 
 
 
U.S. Department of Justice 
 
 
 
 
 
 
 
By /s/ Jennifer Bilinkas 
 
JENNIFER BILINKAS 
 
Trial Attorney 
 
 
 
 
 
 
 
 
__________________________ 
 
 
 
 
 
 
VICTOR J. BAKKE, ESQ. 
 
 
 
 
 
 
 
 
Attorney for Defendant 
 
 
 
 
 
 
MARTIN KAO 
 
 
/s/ Victor J. Bakke
Case 1:21-cr-00061-LEK     Document 72     Filed 03/30/22     Page 4 of 6  PageID.234

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ORDER CONTINUING TRIAL 
AND EXCLUDING SPEEDY TRIAL ACT TIME 
 
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 January 17, 2023, at 9:00 a.m., 
before Leslie E. Kobayashi, United States District Judge; 
(2) 
the final pretrial conference is set for December 12, 2022 at 1:30 p.m., 
before Wes Reber Porter, United States Magistrate Judge; and 
(3) 
defense motions are due on December 5, 2022, and the government’s 
responses are due on December 19, 2022. 
IT IS FURTHER ORDERED that the period of time from April 18, 2022 to 
and including January 17, 2023 constitutes a period of delay which shall be  
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Case 1:21-cr-00061-LEK     Document 72     Filed 03/30/22     Page 5 of 6  PageID.235

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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:  March ____, 202, at Honolulu, Hawaii. 
UNITED STATES v. MARTIN KAO 
Cr. No. 21-00066 LEK 
“Second Stipulation and Order Continuing Trial Date and Excluding Time Under 
the Speedy Trial Act” 

 /s/ Leslie E. Kobayashi
Leslie E. Kobayashi 
United States District Judge
Case 1:21-cr-00061-LEK     Document 72     Filed 03/30/22     Page 6 of 6  PageID.236

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