Eo: Court Order Regarding the Proposed Final Order of Forfeiture — United States v. Kao (Dkt. 122, D. Haw. No. 1:21-cr-00061)

Record facts

U.S. District Court for the District of Hawaii · No. 1:21-cr-00061-LEK · Doc. 122 · 2023-11-28 · Docket on CourtListener

Full text

MINUTE ORDER
CASE NUMBER:
CIVIL NO. 22-00283 LEK-WRP
CRIMINAL NO. 21-00061 LEK
CASE NAME:
Pacmar Technologies LLC vs.  Martin Kao et al.,
 
JUDGE:
Leslie E. Kobayashi
DATE:
11/28/2023
         On August 31, 2023, this Court entered an Order of Forfeiture (Money Judgment)
and Preliminary Order of Forfeiture (Specific Property) in United States v. Kao, CR 21-
00061 LEK ("CR 21-061"), in which this Court ordered the forfeiture of all of Defendant
Martin Kao’s ("Kao") right, title, and interest in certain property.  [CR 21-061, dkt. no.
116.]  Attached to this entering order is the United States of America’s proposed Final
Order of Forfeiture.
         Because the forfeiture in CR 21-061 may affect the claims in the instant case, the
parties should advise whether there are any objections to the proposed Final Order of
Forfeiture and to do so by December 12, 2023.
         IT IS SO ORDERED.
Submitted by: Agalelei Elkington, Courtroom Manager
COURT ACTION: EO:
COURT ORDER REGARDING THE PROPOSED FINAL
ORDER OF FORFEITURE TO BE FILED IN UNITED
STATES V. KAO, CR 21-00061 LEK
Case 1:21-cr-00061-LEK     Document 122     Filed 11/28/23     Page 1 of 5  PageID.992

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 
 
 
UNITED STATES DISTRICT COURT 
 
 
FOR THE DISTRICT OF HAWAII 
 
UNITED STATES OF AMERICA, 
 
 
 
 
Plaintiff, 
 
 
 
vs. 
 
MARTIN KAO, 
 
 
 
 
Defendant.   
                                           
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Crim. No. 21-00061 LEK 
 
FINAL ORDER OF 
FORFEITURE   
 
 
FINAL ORDER OF FORFEITURE 
 
 
WHEREAS, on August 31, 2023, this Court entered an Order of Forfeiture 
(Money Judgment) and Preliminary Order of Forfeiture in which the Court ordered 
the forfeiture of all of defendant Martin Kao’s right, title, and interest in the 
Case 1:21-cr-00061-LEK     Document 122     Filed 11/28/23     Page 2 of 5  PageID.993

 
 
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following property (the “Forfeitable Property”), which was seized on or about 
September 30, 2020:   
i. 
$693,986.72 seized from defendant’s business operating 
account: Central Pacific Bank Account No. xxxxxx9145; 
ii. 
$8,000,000.00 seized from defendant’s business investment 
account: Merrill Lynch Account No. xxx-x3506; 
iii. 
$2,000,000.00 seized from defendant’s personal investment 
account: Merrill Lynch Account No. xxx-x2641; and 
iv. 
$20,200.00 from defendant’s personal checking account: First 
Hawaiian Bank Account No. xx-xx1787 ; and 
  
WHEREAS the United States caused notice of this forfeiture to be published 
on an official government website (www.forfeiture.gov) for at least 30 consecutive 
days, beginning on September 2, 2023, as directed by the United States Attorney 
General in accordance with 21 U.S.C. § 853(n)(1), and as evidenced by the Notice 
of Filing Declaration of Internet Publication, filed on October 3, 2023 (ECF No. 
121); and 
  
WHEREAS the United States has, to the extent practicable, provided written 
notice to those persons known to have an alleged interest in the Forfeitable 
Property; and 
  
WHEREAS no timely claim to the Forfeitable Property has been filed or 
received; and 
Case 1:21-cr-00061-LEK     Document 122     Filed 11/28/23     Page 3 of 5  PageID.994

 
 
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WHEREAS the Court finds that the defendant, or any combination of 
defendants convicted in the case, had an interest in the Forfeitable Property, which 
is subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461 
and/or 18 U.S.C. § 982(a)(1); and 
 
WHEREAS, pursuant to 21 U.S.C. § 853(n)(7), as incorporated by 28 
U.S.C. § 2461 and 18 U.S.C. § 982(b)(1), the United States is therefore entitled to 
have clear title to the Forfeitable Property and to warrant good title to any 
subsequent purchaser or transferee; and 
 
WHEREAS good and sufficient cause has been shown, 
 
It is hereby ORDERED, ADJUDGED, AND DECREED: 
 
THAT a Final Order of Forfeiture is entered against the Forfeitable Property, 
which was seized on or about September 30, 2020, specifically: 
i. 
$693,986.72 seized from defendant’s business operating 
account: Central Pacific Bank Account No. xxxxxx9145; 
ii. 
$8,000,000.00 seized from defendant’s business investment 
account: Merrill Lynch Account No. xxx-x3506; 
iii. 
$2,000,000.00 seized from defendant’s personal investment 
account: Merrill Lynch Account No. xxx-x2641; and 
iv. 
$20,200.00 from defendant’s personal checking account: First 
Hawaiian Bank Account No. xx-xx1787 ; and 
no right, title, or interest in the Forfeitable Property shall exist in any other party;  
Case 1:21-cr-00061-LEK     Document 122     Filed 11/28/23     Page 4 of 5  PageID.995

 
 
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THAT the Forfeitable Property is hereby forfeited to the United States of 
America pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461; and 
 
THAT all right, title, and interest in the Forfeitable Property, as well as any 
income derived as a result of the management of the property by any United States 
agency that has had custody of the Forfeitable Property, are hereby condemned, 
forfeited, and vested in the United States of America and shall be disposed of 
according to law. 
ORDERED this                           , 2023. 
 
 
 
 
 
 
 
 
 
 
 
 
___________________________________ 
 
 
 
 
 
 
HONORABLE LESLIE E. KOBAYASHI 
 
 
 
 
 
 
United States District Judge 
 
USA v. Martin Kao; Criminal No. 21-00061 LEK; “Final Order of Forfeiture”  
Case 1:21-cr-00061-LEK     Document 122     Filed 11/28/23     Page 5 of 5  PageID.996

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