AMENDED JUDGMENT as to Martin Kao (1), Count(s) 1-3, 4-8 SENTENCE: Imprisonment:… (Dkt. 153)

Record facts

U.S. District Court for the District of Hawaii · No. 1:21-cr-00061-LEK · Doc. 153 · 2025-02-24 · Docket on CourtListener

Summary

The amended judgment in a criminal case for Martin Kao, No. 1:21-cr-00061-LEK, in the U.S. District Court for the District of Hawaii, filed February 24, 2025 as Document 153; it amends the judgment of February 13, 2025 by reason of an order of forfeiture. It records guilty pleas to Counts 1-3, wire fraud under 18 USC §§ 1343 and 2, and Counts 4-8, money laundering. The sentence is 87 months' imprisonment, concurrent with Count 1 under CR 23-03, followed by five years of supervised release, with surrender set for March 25, 2025. Special conditions include restitution of $12,841,490 to the Small Business Administration and 12,000 hours of community service. The judgment incorporates the forfeiture orders at ECF No. 116 and ECF No. 123 and names United States District Judge Leslie E. Kobayashi as the judicial officer.

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Case 1:21-cr-00061-LEK rocumbelt Rss c LN A loans Page 1 of 8 PagelD.1303

AO 245B (Rev. 2/18) Judgment in a Criminal Case
Break | FILED IN THE

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; ; ; DISTRICT OF HAWAII
United States District Court FEB 24 2005

District of Hawaii (1 (ga A
at___ o'clock and min.__ M
Lucy H. Carrillo, Clerk
UNITED STATES OF AMERICA Amended JUDGMENT IN A CRIMINAL CASE
Vv.
MARTIN KAO Case Number: 1:21CR00061-001
USM Number: 12281-122
VICTOR J. BAKKE, ESQ.
Defendant's Attorney
Date of Original Judgment (or date of last amended Judgment): February 13, 2025

Reason for Amendment: Order of Forfeiture |THE DEFENDANT:

[v] pleaded guilty to count(s): 1, 2, 3, 4, 5, 6, 7 and 8 of the Indictment .

[ ] pleaded nolo contendere to counts(s) ___ which was accepted by the court.
[ ] was found guilty on count(s) ____ after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section Nature of Offense Offense Ended Count
See next page.

The defendant is sentenced as provided in pages 2 through _8_ of this judgment. The sentence is imposed
pursuant to the Sentencing Reform Act of 1984.

[] The defendant has been found not guilty on counts(s) ___ and is discharged as to such count(s).
[ ] Count(s) ____ (is)(are) dismissed on the motion of the United States.

It is further ordered that the defendant must notify the United States Attorney for this district within 30
days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments
imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and
United States Attorney of material changes in economic circumstances.

February 13, 2025
Date of Imposition of Judgment

Signature of Judicial Pfficer

LESLIE E. KOBAYASHI, United States District Judge
Name & Title of Judicial Officer

Case 1:21-cr-00061-LEK Document153_ Filed 02/24/25 Page2of8 PagelD.1304
AO 245B (Rev. 6/05) Judgment in a Criminal Case

— Sheet 1A
CASE NUMBER: 1:21CRO0061-001 Judgment - Page 2 of 8
DEFENDANT: MARTIN KAO
ADDITIONAL COUNTS OF CONVICTION
Title & Section Nature of Offense Offense Ended Count
18 USC §§ 1343 and 2 Wire Fraud Scheme in Relation 07/2020 1-3
to a Presidentially Declared
Emergency

18 USC 88 1957 and 2 Money Laundering 05/2020 4-8
Case 1:21-cr-00061-LEK Document153 _ Filed 02/24/25 Page 3of8 PagelD.1305

AO 245B (Rev. 6/05) Judgment in a Criminal Case
Sheet 2 - Imprisonment
DEFENDANT: MARTIN KAO Judgment - Page 3 of 8

CASE NUMBER: 1:21CRO0061-001
IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned
for a total term of: EIGHTY-SEVEN (87) MONTHS

This term consists of 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.

[/] The court makes the following recommendations to the Bureau of Prisons:
1) FCi Sheridan
2) RDAP (500 Hour Residential Drug Treatment)

[] The defendant is remanded to the custody of the United States Marshal.
[] The defendant shall surrender to the United States Marshal for this district.
{] at__ on __.

[ ] as notified by the United States Marshal.

[/] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
[/] before 12 p.m. on_3/25/2025 .
[ ] as notified by the United States Marshal.
[ ] as notified by the Probation or Pretrial Services Officer.

RETURN
| have executed this judgment as follows:
Defendant delivered on to
at , with a certified copy of this judgment.

UNITED STATES MARSHAL

By

Deputy U.S. Marshal
Case 1:21-cr-00061-LEK Document153_ Filed 02/24/25 Page 4of8 PagelD.1306

AO 245B (Rev. 2/18) Judgment in a Criminal Case

Sheet 3 - Supervised Release
DEFENDANT: MARTIN KAO Judgment - Page 4 of 8
CASE NUMBER: 1:217CROO061-001

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of: FIVE (5) YEARS

This term consist of 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.

MANDATORY CONDITIONS

1. You must not commit another federal, state, or local crime.
You must not unlawfully possess a controlled substance.

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 periodic drug tests thereafter but no more than 8 valid drug tests per
month during the term of supervision.

[] The above drug testing condition is suspended, based on the court's determination that you poses a low risk of
future substance abuse. (Check if applicable.)

4, [¥] You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing
a sentence of restitution. (Check if applicable.)

[/] You must cooperate in the collection of DNA as directed by the probation officer. (Check if applicable)

[] You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. §
20901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender
registration agency in the location you reside, work, are a , or were convicted of a qualifying offense. (Check if
applicable)

7. [] You must participate in an approved program for domestic violence. (Check if applicable?

You must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on
the attached page.
Case 1:21-cr-00061-LEK Document153_ Filed 02/24/25 Page5of8 PagelD.1307
AO 245B (Rev. 2/18) Judgment in a Criminal Case
Sheet 3A - Supervised Release
DEFENDANT: MARTIN KAO Judgment - Page 5 of 8
CASE NUMBER: 1:21CRO0061-001

STANDARD CONDITIONS OF SUPERVISION

1. You must report to the probation office in the federal judicial district where you 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.

2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and when to
report to the probation officer, and you must report to the probation officer as instructed.

3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the court
or the probation officer.

4. You must answer truthfully the questions asked by the probation officer. Your legitimate invocation of the Fifth Amendment privilege
against self-incrimination in response to a probation officer's question shall not be considered a violation of this condition.

5. You must live at a place approved by the probation officer. If you plan to change where you live or who lives with you, you must notify
the probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not possible due
to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected
change.

6. You must allow the probation officer to visit you at any time reasonable under the circumstances at your home or elsewhere, and you
must permit, to the extent you are able or authorized to do so, the probation officer to take any items prohibited by the conditions of your
supervision that the officer observes in plain view.

7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from doing
so. If you do not have full-time employment, you must try to find full-time employment, unless the probation officer excuses you from
doing so. If you plan to change where you work or if there are substantial changes to your job responsibilities, you must notify the
probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not possible due to
unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change.

8. Unless you have received advance permission from the probation officer or the association is required by supervision conditions, you must
not voluntarily and intentionally associate with any person you know is engaged in committing a federal, state, or local crime, not
including traffic offenses, whether the crime is being committed in or outside of your presence. If you know someone has been convicted
of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation officer.

9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.

10. You must not own, possess, or have access to a firearm, ammunition, destructive device, as defined in 18 U.S.C. § 921(a}(4), or
dangerous weapon (that is, anything that was designed or was modified for the specific purpose of causing bodily injury or death to
another person, such as nunchakus or tasers).

11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without first
getting the permission of the court.

12. If the probation officer determines that you pose a risk to an organization or a person relating to your criminal record or personal history or
characteristics, the probation officer may require, with the court's approval, that you notify that organization or person (or that person’s
parent, guardian, caretaker, or other individual responsible for the person’s welfare} about the risk, and you must comply with that
instruction. The probation officer may contact the organization or person that you were directed to notify and confirm that you notified
that organization or person about the risk.

13. You must follow the instructions of the probation officer related to the conditions of supervision.

U.S. Probation Office Use Only

A U.S. probation Officer has instructed me on the conditions specified by the court and has provided me with a written copy of
this judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and
Supervised Release Conditions, available at : www.uscourts.gov.

Defendants Signature

Date

Case 1:21-cr-00061-LEK Document153_ Filed 02/24/25 Page6of8 PagelD.1308
AO 245B (Rev. 2/18) Judgment in a Criminal Case
eet 3D - Supervised Release
DEFENDANT: MARTIN KAO Judgment - Page 6 of 8
CASE NUMBER: 1:21CRO0061-001

SPECIAL CONDITIONS OF SUPERVISED RELEASE

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.

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.
Case 1:21-cr-00061-LEK Document153_ Filed 02/24/25 Page7 of 8 PagelD.1309
AO 245 B (Rev. 02/18) Judgment in a Criminal Case
Sheet 5 - Criminal Monetary Penalties
DEFENDANT: MARTIN KAO Judgment - Page 7 of 8
CASE NUMBER: 1:21CRO0061-001

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment JVTA Assessment* Fine Restitution
Totals: $ 800 § $ $ 12,841,490
{] The determination of restitution is deferred until , An Amended Judgment in a Criminal Case (AO245C) will be entered

after such a determination.
[Vv] The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless

specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. §3664(i),
all non-federal victims must be paid before the United States is paid.

Name of Payee Total Loss** Restitution Ordered Priority or Percentage
U.S. Small Business Administration $12,841,490

Attn: Court Ordered Restitution

SBA/DFC

721 19th Street
3rd Floor, Room 301
Denver, Colorado 80202

TOTALS $ $ 12,841,490

{] Restitution amount ordered pursuant to plea agreement $ _

[] The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full
before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C, §3612(f). All of the payment options on
Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. §3612(g).

0 The court determined that the defendant does not have the ability to pay interest and it is ordered that:
[V] the interest requirement is waived for the [] fine [/] restitution
0 the interest requirement for the _ [] fine [] restitution is modified as follows:

* Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22
**Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses
committed on or after September 13,1994, but before April 23,1996.
Case 1:21-cr-00061-LEK Document153_ Filed 02/24/25 Page 8of8 PagelD.1310
AO 245B (Rev. 02/18) Judgment in a Criminal Case
Sheet 6 - Schedule of Payments
DEFENDANT: MARTIN KAO Judgment - Page 8 of 8
CASE NUMBER: 1:21CROQ061-001

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows:

A 0 Lump sum payment of $ _ due immediately, balance due
¢] not later than __ , or
8] in accordance [J] C, [1] D, {) E, or [] F below, or
B [/] Payment to begin immediately (may be combined with {] C, {] D, or [0] F below); or
Cc 0) Payment in equal _ (e.g., weekly, monthly, quarterly) installments of § _ over a period of _ fe.g., months or

years}, to commence _ (e.g., 30 or 60 days) after the date of this judgment ; or

D 0) Payment in equal _ fe.g., weekly, monthly, quarterly) installments of $ _ over a period of _ fe.g., months or
years}, to commence _ (e.g., 30 or 60 days) after the release from imprisonment to a term of supervision; or

E (] Payment during the term of supervised release will commence within _ fe.g., 30 or 60 days) after release from
imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at
that time; or

F [/] Special instructions regarding the payment of criminal monetary penalties:

Restitution of $12,841,490 is due, less any amounts paid, to the Small Business Administration, 721 19th 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.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary
penalties is due during the period of imprisonment. All criminal monetary penalties, except those payments made through the
Federal Bureau of Prisons’ Inmate Financial Responsibility Program, are made to the Clerk of the Court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

() Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number, Total Amount, Joint and Several
Amount, and corresponding pay, if appropriate.

( The defendant shall pay the cost of prosecution.
{] The defendant shall pay the following court cost(s):
[v] The defendant shall forfeit the defendant's interest in the following property to the United States: See ECF No. 116

Order of Forfeiture (Money Judgment) and Preliminary Order of Forfeiture (Specific Property), filed on August 31, 2023
and ECF No. 123 Final Order of Forfeiture, filed on December 14, 2023 which is incorporated herein by reference.
[SEE ATTACHED]

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine
interest, (6) community restitution, (7) JVTA assessment, (8) penalties, and (9) costs, including cost of prosecution and court costs.

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