Court filing
Notice of Filing Declaration of Internet Publication; Declaration — United States v. Kao (Dkt. 121, D. Haw. No. 1:21-cr-00061)
Filed October 3, 2023 in United States v. Kao; one of 50 filings from this case.
Record facts
| Court | U.S. District Court for the District of Hawaii |
|---|---|
| Filed | 2023-10-03 |
U.S. District Court for the District of Hawaii · No. 1:21-cr-00061-LEK · Doc. 121 · 2023-10-03 · Docket on CourtListener
Full text
1
CLARE E. CONNORS #7936
GLENN S. LEON
United States Attorney
Chief, Fraud Section
District of Hawaii
Criminal Div., U.S. Dept. of Justice
CRAIG S. NOLAN
SYDNEY SPECTOR #11232
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
Email: Craig.Nolan@usdoj.gov
Email: 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.
CR. NO. 21-00061 LEK
NOTICE OF FILING
DECLARATION OF INTERNET
PUBLICATION; DECLARATION
OF INTERNET PUBLICATION;
EXHIBIT “A”
NOTICE OF FILING DECLARATION OF INTERNET PUBLICATION
The United States of America, by and through its undersigned attorneys,
Case 1:21-cr-00061-LEK Document 121 Filed 10/03/23 Page 1 of 8 PageID.984
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attaches for filing the Declaration of Internet Publication as it pertains to the
above-captioned defendant in the above-entitled case.
Dated: October 3, 2023, at Honolulu, Hawaii.
Respectfully submitted,
CLARE E. CONNORS
United States Attorney
District of Hawaii
By: /s/ Sydney Spector
SYDNEY SPECTOR
Assistant U. S. Attorney
Case 1:21-cr-00061-LEK Document 121 Filed 10/03/23 Page 2 of 8 PageID.985
3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
UNITED STATES OF AMERICA,
Plaintiff,
vs.
MARTIN KAO,
Defendant.
CR. NO. 21-00061 LEK
DECLARATION OF INTERNET
PUBLICATION
DECLARATION OF INTERNET PUBLICATION
In accordance with 21 U.S.C. § 853(n)(1) and Rule 32.2(b)(6)(C) of the
Federal Rules of Criminal Procedure, Notice of Forfeiture, as it pertains to the
above-captioned defendant, was duly posted on an official government internet
website (www.forfeiture.gov). The publication ran for at least 30 consecutive
days, beginning on September 2, 2023, as evidenced by the Advertisement
Certification Report and the published Notice of Forfeiture Action, copies of which
are collectively attached hereto as Exhibit “A.”
//
//
//
Case 1:21-cr-00061-LEK Document 121 Filed 10/03/23 Page 3 of 8 PageID.986
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I am authorized to make this declaration and do so based on my personal
knowledge and information obtained through official government sources.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 3, 2023 at Honolulu, Hawaii.
/s/ Jane Pascual
JANE PASCUAL
FSA Asset Forfeiture Paralegal
Case 1:21-cr-00061-LEK Document 121 Filed 10/03/23 Page 4 of 8 PageID.987
EXHIBIT A
Case 1:21-cr-00061-LEK Document 121 Filed 10/03/23 Page 5 of 8 PageID.988
Advertisement Certification Report
The Notice of Publication was available on the www.forfeiture.gov web site for at least 18 hours per day
between September 2, 2023 and October 01, 2023. Below is a summary report that identifies the uptime
for each day within the publication period and reports the results of the web monitoring system’s daily
check that verifies that the advertisement was available each day.
Court Case No:
21-00061 LEK
For Asset ID(s):
U.S. v. Martin Kao
See Attached Advertisement Copy
Consecutive
Calendar Day
Count
Date Advertisement
Appeared on the
Web Site
Total Hours Web Site
was Available during
Calendar Day
Verification that
Advertisement
existed on Web Site
1
24.0
Verified
09/02/2023
2
24.0
Verified
09/03/2023
3
24.0
Verified
09/04/2023
4
23.9
Verified
09/05/2023
5
23.9
Verified
09/06/2023
6
23.9
Verified
09/07/2023
7
23.9
Verified
09/08/2023
8
23.9
Verified
09/09/2023
9
23.9
Verified
09/10/2023
10
23.9
Verified
09/11/2023
11
23.9
Verified
09/12/2023
12
23.9
Verified
09/13/2023
13
23.9
Verified
09/14/2023
14
24.0
Verified
09/15/2023
15
23.9
Verified
09/16/2023
16
24.0
Verified
09/17/2023
17
23.9
Verified
09/18/2023
18
23.9
Verified
09/19/2023
19
23.9
Verified
09/20/2023
20
24.0
Verified
09/21/2023
21
24.0
Verified
09/22/2023
22
24.0
Verified
09/23/2023
23
23.9
Verified
09/24/2023
24
23.9
Verified
09/25/2023
25
23.9
Verified
09/26/2023
26
23.9
Verified
09/27/2023
27
23.9
Verified
09/28/2023
28
23.9
Verified
09/29/2023
29
23.9
Verified
09/30/2023
30
24.0
Verified
10/01/2023
Additional log information is available and kept in the archives for 15 years after the asset has been disposed.
Case 1:21-cr-00061-LEK Document 121 Filed 10/03/23 Page 6 of 8 PageID.989
Attachment 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII, FORFEITURE DIVISION
COURT CASE NUMBER: 21-00061 LEK; NOTICE OF FORFEITURE
Notice is hereby given that on August 31, 2023, in the case of U.S. v. Martin Kao,
Court Case Number 21-00061 LEK, the United States District Court for the District of
Hawaii entered an Order condemning and forfeiting the following property to the United
States of America:
$693,986.72 seized from defendant's business operating account: CPB
#xxxxxx9145 in Honolulu, HI on or about September 30, 2020(20-IRS-000609)
$8,000,000.00 seized from defendant's business investment account: Merrill Lynch
#xxx-x3506 on or about September 30, 2020 in Honolulu, HI (20-IRS-000610)
$2,000,000.00 seized from defendant's personal investment account: Merrill Lynch
#xxx-x2641 on or about September 30, 2020 in Honolulu, HI (20-IRS-000611)
$20,200.00 seized from defendant's personal checking account with First Hawaiian
Bank: Acct#xx-xx1787 on or about September 30, 2020 in Honolulu, HI
(20-IRS-000612)
The United States hereby gives notice of its intent to dispose of the forfeited
property in such manner as the United States Attorney General may direct. Any person,
other than the defendant(s) in this case, claiming interest in the forfeited property must file
an ancillary petition within 60 days of the first date of publication (September 02, 2023) of
this Notice on this official government internet web site, pursuant to Rule 32.2 of the
Federal Rules of Criminal Procedure and 21 U.S.C. § 853(n)(1). The ancillary petition
must be filed with the Clerk of the Court, 300 Ala Moana Boulevard, Room C-338,
Honolulu, HI 96850, and a copy served upon Assistant United States Attorney Sydney
Spector, PJKK Federal Building, 300 Ala Moana Boulevard, Room 6-100, Honolulu, HI
96850. The ancillary petition shall be signed by the petitioner under penalty of perjury and
shall set forth the nature and extent of the petitioner's right, title or interest in the forfeited
property, the time and circumstances of the petitioner's acquisition of the right, title and
interest in the forfeited property and any additional facts supporting the petitioner's claim
and the relief sought, pursuant to 21 U.S.C. § 853(n).
Following the Court’s disposition of all ancillary petitions filed, or if no such petitions
are filed, following the expiration of the period specified above for the filing of such
ancillary petitions, the United States shall have clear title to the property and may warrant
good title to any subsequent purchaser or transferee.
The government may also consider granting petitions for remission or mitigation,
which pardon all or part of the property from the forfeiture. A petition must include a
description of your interest in the property supported by documentation; include any facts
Case 1:21-cr-00061-LEK Document 121 Filed 10/03/23 Page 7 of 8 PageID.990
you believe justify the return of the property; and be signed under oath, subject to the
penalty of perjury, or meet the requirements of an unsworn statement under penalty of
perjury. See 28 U.S.C. Section 1746. For the regulations pertaining to remission or
mitigation of the forfeiture, see 28 C.F.R. Sections 9.1 - 9.9. The criteria for remission of
the forfeiture are found at 28 C.F.R. Section 9.5(a). The criteria for mitigation of the
forfeiture are found at 28 C.F.R. Section 9.5(b). The petition for remission need not be
made in any particular form and may be filed online or in writing. You should file a petition
for remission not later than 11:59 PM EST 30 days after the date of final publication of this
notice. See 28 C.F.R. Section 9.3(a). The https://www.forfeiture.gov/FilingPetition.htm
website provides access to a standard petition for remission form that may be mailed and
the link to file a petition for remission online. If you cannot find the desired assets online,
you must file your petition for remission in writing by sending it to Assistant United States
Attorney Sydney Spector, PJKK Federal Building, 300 Ala Moana Boulevard, Room 6-100,
Honolulu, HI 96850. This website provides answers to frequently asked questions (FAQs)
about filing a petition for remission. You may file both an ancillary petition with the court
and a petition for remission or mitigation.
Case 1:21-cr-00061-LEK Document 121 Filed 10/03/23 Page 8 of 8 PageID.991File and source
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