Court filing

Stipulation Continuing Trial Date and Excluding Time — United States v. Kao, No. 1:21-cr-00061 (D. Haw.), Dkt. 45

Summary

The United States and defendant Martin Kao stipulate to continue the trial from July 6, 2021 to April 18, 2022 and to exclude time under the Speedy Trial Act. The stated reason is that defense counsel needs time to review the extensive discovery, investigate potential defenses and file any appropriate motions. The attached order adopts the stipulation and sets jury selection and trial for April 18, 2022 at 9:00 a.m. before United States District Judge Jill A. Otake. It sets a final pretrial conference for March 21, 2022, with motions due March 7, 2022 and responses due March 21, 2022.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“Stipulation Continuing Trial Date and Excluding Time — United States v. Kao, No. 1:21-cr-00061 (D. Haw.), Dkt. 45.” Original at ecf.hid.uscourts.gov, No. 1:21-cr-00061-LEK, Doc. 45. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/ppp-attempt-conspiracy-legal-filings/undated-gov-uscourts-hid-154417-45-0-gov-uscourts-hid-154417-45-0/, SHA-256 b33c08ca1346972c86b72303500bcccdc74197bdeda001768a0c1ccdbbd076bb.

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Full text

Case 1:21-cr-00061-LEK Document 45 Filed 05/24/21 Page 1 of 6 PageID.178

JUDITH A. PHILIPS DANIEL S. KAHN
Acting United States Attorney Acting Chief, Fraud Section
District of Hawaii Criminal Division, U.S. Dept. of Justice

CRAIG S. NOLAN THOMAS J. TYNAN
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) 768-1136
E-mail: Craig.Nolan@usdoj.gov E-mail: Thomas.Tynan@usdoj.gov

Attorneys for Plaintiff
UNITED STATES OF AMERICA

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

UNITED STATES OF ) CR. NO. 21-00061 JAO
AMERICA, )
) STIPULATION CONTINUING TRIAL
Plaintiff, ) DATE AND EXCLUDING TIME
) UNDER THE SPEEDY TRIAL ACT
vs. )
) OLD TRIAL DATE: July 6, 2021
MARTIN KAO, ) NEW TRIAL DATE: April 18, 2022
)
Defendant.

STIPULATION CONTINUING TRIAL DATE
AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

A. The United States of America and the defendant, MARTIN KAO,

through their respective attorneys, hereby agree and stipulate to continue the trial

in this case and to exclude the time period from the date this Order is signed to and
Case 1:21-cr-00061-LEK Document 45 Filed 05/24/21 Page 2 of 6 PageID.179

including the new trial date from computation under the Speedy Trial Act. The

reason for the continuance is that defense counsel needs adequate time to review

the extensive discovery produced by the government, thoroughly investigate

potential factual and legal defenses, and file any appropriate motions.

B. The parties further agree that the ends of justice served by the

continuance outweigh the best interests of the defendant and the public in a speedy

trial, and:

1. The failure to grant such a continuance would be likely

☐ To make a continuation of such proceeding impossible

☒ To result in a miscarriage of justice.

2. The case is so

☐ Unusual

☐ Complex

due to the

☐ Number of defendants

☐ Nature of the prosecution

☐ Existence of novel questions of fact or law

2
Case 1:21-cr-00061-LEK Document 45 Filed 05/24/21 Page 3 of 6 PageID.180

that it is unreasonable to expect adequate preparation for pretrial

proceedings or for the trial itself within the time limits established

by the Speedy Trial Act.

3. The failure to grant the continuance would

☐ Deny the defendant reasonable time to obtain counsel

☐ Unreasonably deny the defendant continuity of counsel

☐ Unreasonably deny the government continuity of counsel

☒ Deny counsel for the defendant the reasonable time necessary

for effective preparation, taking into account the exercise of due

diligence

☐ Deny counsel for the government the reasonable time necessary

for effective preparation, taking into account the exercise of due

diligence.

C. The parties further agree that the period of time from the date this

Order is signed to and including April 18, 2022 constitutes a period of delay which

shall be excluded in computing the time within which the trial in this case

3
Case 1:21-cr-00061-LEK Document 45 Filed 05/24/21 Page 4 of 6 PageID.181

must commence pursuant to the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A),

(h)(7)(B), and (h)(6).

DATED: May 24, 2021, at Honolulu, Hawaii.

JUDITH A. PHILIPS
Acting United States Attorney
District of Hawaii

By Isl Craig S. Nolan
CRAIG S. NOLAN
Assistant U.S. Attorney

DANIEL S. KAHN
Acting Chief, Fraud Section
Criminal Division
U.S. Department of Justice

By Isl Thomas J. Tynan
THOMAS J. TYNAN
Trial Attorney

JAY GREEN, ESQ.
.-,,V.1.Js'-'-Y''9-G'~

Attorney for Defendant
MARTIN KAO

4
Case 1:21-cr-00061-LEK Document 45 Filed 05/24/21 Page 5 of 6 PageID.182

ORDER CONTINUING TRIAL DATE
AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

The above Stipulation Continuing Trial Date and Excluding Time under the

Speedy Trial Act is hereby approved, and the agreements set forth in paragraphs A,

B, and C of the Stipulation are adopted as findings by the Court. For the reasons

stated, IT IS HEREBY ORDERED:

(1) the jury selection and trial are set for April 18, 2022 at 9:00 a.m.

before United States District Judge Jill A. Otake;

(2) the final pretrial conference is set for March 21, 2022 at 1:45 p.m.

before United States Magistrate Judge Wes Reber Porter; and

(3) motions are due on March 7, 2022, and responses are due on March

21, 2022.

IT IS FURTHER ORDERED that the period of time from the date this Order

is signed to and including April 18, 2022, constitutes a period of delay which

5
Case 1:21-cr-00061-LEK Document 45 Filed 05/24/21 Page 6 of 6 PageID.183

shall be excluded in computing the time within which the trial in this case must

commence pursuant to the Speedy Trial Act, 18 U.S.C. '' 3161(h)(7)(A),

(h)(7)(B), and (h)(6).

DATED: Honolulu, Hawaiʻi, May 24, 2021.

UNITED STATES v. MARTIN KAO
Cr. No. 21-00066 JAO
“Stipulation and Order Continuing Trial Date and Excluding Time under the
Speedy Trial Act”
6

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