DECLARATION of Martin Kao by Tiffany Jennifer Lam as to Martin Kao (Dkt. 155)

Summary

A declaration of Martin Kao, filed February 27, 2025 as Document 155 in United States v. Martin Kao, No. 1:21-cr-00061-LEK, in the U.S. District Court for the District of Hawaii. The caption lists Philip W. Miyoshi's firm as attorneys for Third-Party In Interest Tiffany Jennifer Lam. Kao declares that Kao and Tiffany Jennifer Lam have been married since February 7, 2007 and agreed that their financial assets were joint marital assets under a Marital Agreement. The declaration states that bail was set at $2,000,000.00 and that Tiffany withdrew $2,000,000.00 from a Merrill Lynch account by cashier's check to pay it. It also states that on or about October 15, 2020, Kao promised Tiffany that the $2,000,000 cash bail would be returned to her.

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Case 1:21-cr-00061-LEK Document155-~ Filed 02/27/25 Pagei1of6 PagelD.1346

MIYOSHI & HIRONAKA LLLC

PHILIP W. MIYOSHI #7459

201 Merchant Street, Suite 2240

Honolulu, Hawaii 96813

Telephone: (808) 888-5042
randy@808-law.com

Attorneys for Thid-Party In Interest
TIFFANY JENNIFER LAM

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

UNITED STATES OF AMERICA, Case No: 1:21-cr-00061-LEK
Plaintiff,
DECLARATION OF MARTIN
VS. KAO
MARTIN KAO, HEARING:

Date: February 13, 2025

Time: 3:00 PM

Judge: Hon. Kenneth J. Mansfield

Defendant.

eli alle all eli nati ni al a ed

Case 1:21-cr-00061-LEK Document155_ Filed 02/27/25 Page 2of6 PagelD.1347

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

UNITED STATES OF AMERICA, Case No: 1:21-cr-00061-LEK
Plaintiff,
DECLARATION OF MARTIN
vs. KAO
MARTIN KAO,
Defendant.

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DECLARATION OF MARTIN KAO

I, MARTIN KAO, hereby declare that:

l. All statements in this declaration are within my personal knowledge,
unless stated upon information and belief.

2. lam married to Tiffany Jennifer Lam (“Tiffany”).

3. Tiffany and I have been married since February 7, 2007.

4, Tiffany and I have two children aged 10 and 11.

5. At the time of our marriage, I was 34 years of age and Tiffany was 31

years of age.
Case 1:21-cr-00061-LEK Document155-~ Filed 02/27/25 Page 3of6 PagelD.1348

6. Neither Tiffany nor I had any substantial liquid assets at the time we
were married in 2007.

7. Our primary asset was real property located in Manoa (“Manoa
Property”) that Tiffany inherited from her grandfather after we were married; the
Manoa property had no mortgage or other attached liability.

8. The Manoa Property is a marital asset which Tiffany and I now jointly
own.

9. After Tiffany and I married, she gave up her career as a certified
public accountant and did not work. Her role in our marriage was to be the
primary homemaker, wife, and mother. I was the principal income earner.

10. At the time we married, Tiffany and I agreed that all our financial
assets, including the Manoa Property and all our joint and individual bank and
financial accounts (collectively “Accounts”), were joint marital assets to be
considered part of our marital estate (“Marital Agreement”).

11. All the funds in any of our Accounts that were accumulated during our
marriage I considered to be joint marital property.

12. Over the course of our marriage, I deposited income and other monies
into our Accounts which were used to pay family living expenses and accumulate

marital savings.
Case 1:21-cr-00061-LEK Document155- Filed 02/27/25 Page 4of6 PagelD.1349

13. Since we have been married, Tiffany and I have always filed joint
Federal and State tax returns.

14. J was arrested in this matter on September 30, 2020

15.  Atthe time of my arrest, one of the Accounts was with Merrill Lynch,
Account No. **-*2641 (“Merrill Lynch Account”), which had a balance of
approximately $5,000,000.00.

16. On or about October 1, 2020, the United States seized $2,000,000.00
(“Seized Funds”) from the Merrill Lynch Account in connection with this case.

17. After my arrest, my bail in this case was set in the amount of
$2,000,000.00 (“Martin’s Bail”).

18. Tiffany withdrew funds from the Merrill Lynch Account in the amount
of $2,000,000.00 in the form of a cashier’s check to pay for my Bail.

19. As ofthe date that Merrill Lynch issued the cashier’s check for my
Bail, at the instruction and request of Tiffany, and after removal of the Seized
Funds, the Merrill Lynch Account had an approximate balance of $3,000,000.00.

20. The monies in the Merrill Lynch Account were joint marital assets
subject to the Marital Agreement.

21. On the morning of October 7, 2020, Tiffany went to the offices of
Merrill Lynch, signed for and picked up the $2,000,000.00 cashier’s check for my

Bail.
Case 1:21-cr-00061-LEK Document155- Filed 02/27/25 Page5of6 PagelD.1350

22. After issuance of the cashier’s check, the approximate balance in the
Merrill Lynch Account was $1,000,000.00.

23. Only after Tiffany posted my Bail, was I released from custody at the
Federal Detention Center (“FDC”).

24. On the morning of October 8, 2020, I was released from FDC.

25. Later that afternoon, I met with my attorney Michael Green, who
prepared a document titled “Affidavit of Cash Bail”.

26. I signed the Affidavit of Cash Bail with the understanding that it was a
receipt for the monies that Tiffany withdrew from our Accounts to fund my Bail.
At no time was it my intent, nor did I have the legal right to exert exclusive
ownership of the Bail, which under the Marital Agreement is a joint marital asset.

27. Onor about October 15, 2020, the Merrill Lynch Account was closed,
and the remaining funds were transferred to another Account and were
subsequently used to pay for my various legal expenses and costs (“Martin’s Legal
Fees”) expended in this and other criminal and civil matters.

28. On or about October 15, 2020, I agreed and promised Tiffany that the
$2,000,000 cash bail which she posted would be returned to her. In exchange,
Tiffany agreed to allow me to use all our remaining liquid assets and liquidated
assets I would later sell (e.g., cars and real property and property interests) to fund

my legal defense and costs.
Case 1:21-cr-00061-LEK Document155_ Filed 02/27/25 Page6of6 PagelD.1351

29. Pursuant to the Marital Agreement, Tiffany had a joint marital interest
in the Merrill Lynch Account, which included the $2,000,000.00 used for my Bail
and the $1,000,000.00 expended on my Legal Fees.

30. Pursuant to the Marital Agreement, Tiffany had a joint marital interest
in other nonliquid assets, including a condo in Beverly Hills, automobiles, and
property interests in Honolulu, which were all liquid to fund my personal legal
expenses, in exchange for and under my agreement and promise that the
$2,000,000 Bail be returned to her.

I DECLARE UNDER PENALTY OF LAW THAT THE FOREGOING IS
TRUE AND CORRECT.

DATED: Honolulu, Hawaii, February 27, 2025.

FZ

MARTIN KAO

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