EP : Sentencing as to Counts 1, 2, 3, 4, 5, 6, 7 and 8 to the Indictment in CR 21-00061 LEK and Sentencing… (Dkt. 146)

Record facts

U.S. District Court for the District of Hawaii · No. 1:21-cr-00061-LEK · Doc. 146 · 2025-02-13 · Docket on CourtListener

Summary

Minutes of a February 13, 2025 sentencing hearing before Judge Leslie E. Kobayashi in United States of America v. Martin Kao, Nos. 1:21-cr-00061-LEK-1 and 1:23-cr-00003-LEK-1, in the U.S. District Court for the District of Hawaii, filed as Document 146. The minutes record that the defendant pled guilty to Counts 1 through 8 of the indictment in CR 21-61 on September 7, 2022 and to Count 1 in CR 23-03 on April 5, 2024. The court imposed 87 months of imprisonment on all counts to run concurrently, supervised release, restitution of $12,841,490 due to the Small Business Administration and a special assessment of $900.00. Special conditions include 12,000 hours of community service and limits on credit, employment and bank accounts. The defendant is to self-surrender on March 25, 2025.

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MINUTES
CASE NUMBER:
1:21-cr-00061-LEK-1
1:23-cr-00003-LEK-1
CASE NAME:
United States of America v. Martin Kao
ATTY FOR GOV’T:
Craig S. Nolan 
ATTYS FOR DEFT:
Victor J. Bakke (CR 21-61)
Melinda K. Yamaga (CR 23-03 LEK)
U.S. PROBATION:
Sara Nieling
JUDGE:
Leslie E. Kobayashi
REPORTER:
Gloria Bediamol
DATE:
2/13/2025
TIME:
1:30pm-2:23pm
2:32pm-3:30pm
COURT ACTION: EP: SENTENCING as to Counts 1, 2, 3, 4, 5, 6, 7 and 8 to the
Indictment in case no. CR 21-61 and SENTENCING as to Count 1 of the Indictment in
case no. CR 23-03 held. 
Defendant Martin Kao present, not in custody.
Defendant pled guilty to Counts 1, 2, 3, 4, 5, 6, 7 and 8 to the Indictment in case no. CR
21-61 on 09/07/2022 and to Count 1 of the Indictment in case no. CR 23-03 on
04/05/2024 and was adjudged guilty.
The Consent to Rule 11 Plea In a Felony Case Before United States Magistrate Judge has
been accepted by the Court.
Victim, President of Pacmar Technologies LLC Steven Loui addressed the court. 
The Court received and reviewed the letters of support on behalf of and from the
Defendant.
Parties have reviewed the Presentence Investigation Report (“PSR”) and it is placed in the
record under seal.
Court findings made as to the applicable sentencing guidelines. Court adopts the factual
findings of the PSR.
Court notes the aggravating and mitigating factors related to Defendant’s Sentencing.
Case 1:21-cr-00061-LEK     Document 146     Filed 02/13/25     Page 1 of 4  PageID.1266

Recommendations by Counsel as to proposed sentence heard.
Recess [2:23 pm - 2:32 pm]
Further discussion held.
Ms. Yamaga’s request to defer finalizing the order of forfeiture (money judgment) in case
no. CR 23-03 LEK until 2/20/2025, to allow for any legal objections is GRANTED. Mr.
Nolan shall file a response if necessary. 
Allocution by Defendant.
Court’s proposed sentence stated.  No legal objections to the proposed sentence.  Court
imposes sentence.
SENTENCE:
Imprisonment: EIGHTY-SEVEN (87) MONTHS as to Counts 1 through 8 under CR
21-61 and Count 1 under CR 23-03, with all terms to run concurrently
Supervised Release: FIVE (5) YEARS as to Counts 1 through 3 under CR 21-61 and
Count 1 under CR 23-03, and THREE (3) YEARS as to Counts 4 through 8 under CR
21-61, with all terms to run concurrently
Fine: None imposed.
Restitution: $12,841,490 
Special Assessment:  $900.00 ($100 per count)
Court imposes the list of standard conditions recommended by the U.S. Probation and
Pretrial Services Office. Defendant waives the reading of the 13 standard conditions.
Mandatory and Standard Conditions of Supervised Release:
You must abide by the mandatory and standard conditions of supervision, including the
following conditions:
You must refrain from any unlawful use of a controlled substance. You must
submit to one drug test within 15 days of commencement of supervision and at
least two drug tests thereafter but no more than eight valid drug tests per month
during the term of supervision. (mandatory condition)
You must cooperate in the collection of DNA as directed by the probation officer.
(mandatory condition)
You must report to the probation office in the federal judicial district where you
Case 1:21-cr-00061-LEK     Document 146     Filed 02/13/25     Page 2 of 4  PageID.1267

are authorized to reside within 72 hours of the time you are released, unless the
probation officer instructs you to report to a different probation office or within a
different time frame. (standard condition)
You must abide by the following special conditions:
1. 
You must not possess or use alcohol during the term of supervision. You must
warn any other resident and/or guest that you are prohibited from possessing any
alcohol in your residence and on your property. You must submit to alcohol
testing at the direction of the probation office.
2. 
You must participate in an outpatient mental health treatment program and follow
the rules and regulations of that program. The probation officer, in consultation
with the treatment provider, will supervise your participation in the program (such
as provider, location, modality, duration, and intensity)..
3. 
Restitution of $12,841,490 is due, less any amounts paid, to the Small Business
Administration, 721 19 th Street, 3rd Floor, Room 301, Denver, Colorado
80202. Any unpaid balance is to be paid during the period of supervision in
monthly installments of 10% of your gross monthly income, commencing 30 days
after the start of supervision. The court may order that this requirement be
changed from time to time as your circumstances warrant, but no court order
shall be required for your voluntary agreement to pay more than the court-
ordered amount. Interest is waived. Payments must be made by payroll
deduction, when applicable. You must notify the probation officer of any change
in your financial circumstances that affect your ability to pay. Your financial
circumstances must be reviewed by the probation officer on at least an annual
basis.
4. 
You must provide the probation officer access to any requested financial
information and authorize the release of any financial information. The probation
office may share financial information with the US Attorney’s Office.
5. 
You must apply all monies received from income tax refunds, lottery winnings,
inheritance, judgments and any anticipated or unexpected financial gains to the
outstanding court-ordered financial obligation, at the discretion and direction of
the court.
6. 
You must not incur new credit charges, or open additional lines of credit, or apply
for any loans without the prior approval of the probation officer. You must not
borrow money or take personal loans from any individual without the prior
approval of the probation officer.
7. 
You must maintain a single personal bank account, separate and apart from your
spouse, any family members or others, into which all income, financial proceeds,
and gains must be deposited and from which all expenses must be paid.
Case 1:21-cr-00061-LEK     Document 146     Filed 02/13/25     Page 3 of 4  PageID.1268

8. 
You must notify the probation officer of any contemplated employment and
must obtain approval from the probation officer for all employment. Unless you
are self-employed, you may not be employed in any capacity wherein you have
custody, control, or management of your employer’s funds.
9. 
You must complete 12,000 hours of community service.  The probation officer
will supervise your completion of community service hours, including approving
the community service site, the frequency of participation, etc. You must provide
written verification of completed hours to the probation officer.
10.
You must submit your person, property, house, residence, vehicle, papers, or
office to a search conducted by a United States Probation Officer. Failure to
submit to a search may be grounds for revocation of release. You must warn any
other occupants that the premises may be subject to searches pursuant to this
condition. The probation officer may conduct a search under this condition only
when reasonable suspicion exists that you have violated a condition of
supervision and that the areas to be searched contain evidence of this violation.
Any search must be conducted at a reasonable time and in a reasonable
manner.
Defendant advised of his right to appeal within 14 days of entry of judgment.
JUDICIAL RECOMMENDATIONS: 
1) FCI Sheridan
2) RDAP (500 Hour Residential Drug Treatment) 
Mr. Nolan is directed to confirm with Counsel regarding Navatek’s restitution request and
submit a letter, with a copy provided to the court and all parties, by 2/27/2025.
Defendant shall remain on continued previously imposed conditions of pretrial release
until the mittimus date of 3/25/2025. 
Defendant to self-surrender to the facility designated by the Bureau of Prisons on
3/25/2025 by 12:00 p.m. The time is the time of the facility. 
Submitted by: Carla Cortez, Courtroom Manager
Case 1:21-cr-00061-LEK     Document 146     Filed 02/13/25     Page 4 of 4  PageID.1269

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