Response in Opposition by USA as to Martin Kao re 111 Motion to Modify Conditions of Release — United States v. Kao (Dkt. 118, D. Haw. No. 1:21-cr-00061)

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U.S. District Court for the District of Hawaii · No. 1:21-cr-00061-LEK · Doc. 118 · 2023-09-05 · Docket on CourtListener

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CLARE E. CONNORS #7936 
United States Attorney 
District of Hawaii 
 
CRAIG S. NOLAN 
Assistant U.S. Attorney 
Room 6-100, PJKK Federal Building 
300 Ala Moana Boulevard 
Honolulu, Hawaii  96850 
Telephone: (808) 541-2850 
Facsimile: (808) 541-2958 
Email:  Craig.Nolan@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 
GOVERNMENT’S RESPONSE TO 
MOTION TO MODIFY 
CONDITION OF RELEASE; 
CERTIFICATE OF SERVICE 
 
GOVERNMENT’S OPPOSITION TO 
MOTION TO MODIFY CONDITION OF RELEASE 
 
The United States hereby opposes defendant’s Motion to Modify Condition 
of Release (ECF No. 111).  Defendant continues to represent a serious risk of 
Case 1:21-cr-00061-LEK     Document 118     Filed 09/05/23     Page 1 of 4  PageID.976

 
 
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flight, which is best mitigated by the current requirement in Condition 7p5 that he 
wear a GPS unit for 24-hour monitoring. 
As articulated to the Court at the detention hearing in October 2020, the 
government’s primary concern is that defendant has the means and motive to flee 
the United States.  According to a February 18, 2022 Pretrial Services report (at 
page 5), defendant reported that he owns farmland in his birth country of Taiwan—
he is a naturalized Untied States citizen—and sold a portion of that land in April 
2021, resulting in proceeds of $800,000 that await him in Taiwan.  He valued the 
remainder of the land in Taiwan at $200,000 to $300,000.  Although the 
government is aware that defendant has expended significant sums on legal fees in 
this matter and in state civil litigation and arbitration proceedings related to his 
former business, Martin Defense Group, the government remains concerned that 
defendant has not fully disclosed the assets available to him, including assets in the 
United States and abroad in the names of his spouse, parents, and several 
foundations he or his spouse formed.  That suspicion is heightened by defendant’s 
refusal to provide, in response to a request by the United States Probation Office, a 
standard Net Worth Statement and Monthly Cash Flow Statement, and copies of 
his federal income tax returns for the last three calendar years, which suggests that 
defendant is concealing his assets from the Court and the government. 
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In addition to apparently having the means to flee and approximately 
$800,000 waiting for him in Taiwan, defendant has a strong motive to flee given 
that he pled guilty to all wire fraud and money laundering counts in the Indictment 
and is facing a guideline sentence of 87 to 108 months according to the PSR filed 
in this matter on July 10, 2023.  Further, defendant is pending sentencing in the 
District of Columbia for criminal campaign contribution violations, and defendant 
is pending trial in this District on a bank fraud charge arising out of a $3 million 
loan defendant used to purchase a $4.5 million house in Kahala in 2020.  Trial in 
that matter is scheduled for March 25, 2024.  
Defendant’s proposed modification of his conditions of release would make 
flight easier at a time when defendant’s motive to flee has increased.  
Consequently, defendant’s motion should be denied.  
 
DATED:  September 5, 2023, at Honolulu, Hawaii. 
 
 
 
 
 
 
 
Respectfully submitted,  
 
 
 
 
 
 
 
CLARE E. CONNORS 
 
 
 
 
 
 
 
United States Attorney 
District of Hawaii 
 
By /s/ Craig S. Nolan  
 
 
   CRAIG S. NOLAN 
   Assistant U.S. Attorney
Case 1:21-cr-00061-LEK     Document 118     Filed 09/05/23     Page 3 of 4  PageID.978

CERTIFICATE OF SERVICE 
 
I hereby certify that a true and correct copy of the attached was duly served 
upon the following person as set forth below:  
Served Electronically by CM/ECF and Email:  
VICTOR J. BAKKE (vbakke@bakkelawfirm.com) 
Attorney for Defendant MARTIN KAO 
 
DATED: 
September 5, 2023, at Honolulu, Hawaii.   
 
 
 
 
 
 
 
 
 
 
 
 
 
/s/ Craig S. Nolan  
 
CRAIG S. NOLAN 
Assistant U.S. Attorney 
Case 1:21-cr-00061-LEK     Document 118     Filed 09/05/23     Page 4 of 4  PageID.979

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