Court filing

Second Stipulation Continuing Trial Date and Excluding Time — United States v. Kao, No. 1:21-cr-00061 (D. Haw.), Dkt. 72

Summary

Second stipulation and order continuing the trial date and excluding time under the Speedy Trial Act in United States v. Martin Kao, No. 1:21-cr-00061-LEK, in the United States District Court for the District of Hawaii, filed March 30, 2022 as Document 72. The parties stipulate to move the trial from April 18, 2022 to January 17, 2023, stating that defense counsel needs time to review discovery, investigate potential defenses, file motions and assess the impact of an indictment returned February 2, 2022, in the District of Columbia, Criminal No. 22-00048-CJN. The order that follows approves the stipulation, sets jury selection and trial for January 17, 2023 and the final pretrial conference for December 12, 2022, and sets defense motions due December 5, 2022. It bears the signature /s/ Leslie E. Kobayashi.

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

Cite this document

“Second Stipulation Continuing Trial Date and Excluding Time — United States v. Kao, No. 1:21-cr-00061 (D. Haw.), Dkt. 72.” Original at ecf.hid.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/ppp-attempt-conspiracy-legal-filings/undated-gov-uscourts-hid-154417-72-0-gov-uscourts-hid-154417-72-0/, SHA-256 6bba0682f099f4c3c0ab42b01aa91bf73cb9bfb3f74d01810b3d226fa2457bf5.

Full text

Case 1:21-cr-00061-LEK Document 72 Filed 03/30/22 Page 1 of 6 PageID.231

CLARE E. CONNORS #7936 JOSEPH BEEMSTERBOER
United States Attorney Acting Chief, Fraud Section
District of Hawaii Criminal Division, U.S. Dept. of Justice

CRAIG S. NOLAN 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
E-mail: Craig.Nolan@usdoj.gov E-mail: Jennifer.Bilinkas@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 LEK
AMERICA, )
) SECOND STIPULATION
Plaintiff, ) CONTINUING TRIAL DATE AND
) EXCLUDING TIME UNDER THE
vs. ) SPEEDY TRIAL ACT
)
MARTIN KAO, ) OLD TRIAL DATE: April 18, 2022
) NEW TRIAL DATE: January 17, 2023
Defendant.

SECOND 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 April 18, 2022 to and including the
Case 1:21-cr-00061-LEK Document 72 Filed 03/30/22 Page 2 of 6 PageID.232

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, and to assess the impact of

the indictment returned on February 2, 2022 in United States District Court for the

District of Columbia Criminal No. 22-00048-CJN, charging defendant and two

others with violations of 18 U.S.C. §§ 2, 371, and 1001, and 52 U.S.C. §§ 30109,

30119, and 30122.

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

2
Case 1:21-cr-00061-LEK Document 72 Filed 03/30/22 Page 3 of 6 PageID.233

‫ ܆‬Nature of the prosecution

‫ ܆‬Existence of novel questions of fact or law

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.

3
Case 1:21-cr-00061-LEK Document 72 Filed 03/30/22 Page 4 of 6 PageID.234

C. The parties further agree that the period of time from April 18, 2022

to and including January 17, 2023 constitutes a period of delay which 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: March 29, 2022, at Honolulu, Hawaii.

CLARE E. CONNORS
United States Attorney
District of Hawaii

By /s/ Craig S. Nolan____________
CRAIG S. NOLAN
Assistant U.S. Attorney

JOSEPH BEEMSTERBOER
Acting Chief, Fraud Section
Criminal Division
U.S. Department of Justice

By /s/ Jennifer Bilinkas
JENNIFER BILINKAS
Trial Attorney

/s/ Victor J. Bakke
__________________________
VICTOR J. BAKKE, ESQ.
Attorney for Defendant
MARTIN KAO

4
Case 1:21-cr-00061-LEK Document 72 Filed 03/30/22 Page 5 of 6 PageID.235

ORDER CONTINUING TRIAL
AND EXCLUDING SPEEDY TRIAL ACT TIME

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 January 17, 2023, at 9:00 a.m.,

before Leslie E. Kobayashi, United States District Judge;

(2) the final pretrial conference is set for December 12, 2022 at 1:30 p.m.,

before Wes Reber Porter, United States Magistrate Judge; and

(3) defense motions are due on December 5, 2022, and the government’s

responses are due on December 19, 2022.

IT IS FURTHER ORDERED that the period of time from April 18, 2022 to

and including January 17, 2023 constitutes a period of delay which shall be

5
Case 1:21-cr-00061-LEK Document 72 Filed 03/30/22 Page 6of6 PagelD.236

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: March 29 , 2022, at Honolulu, Hawaii.

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/s/ Leslie E. Kobayashi
Leslie E. Kobayashi
United States District Judge

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UNITED STATES v. MARTIN KAO
Cr. No. 21-00066 LEK

“Second Stipulation and Order Continuing Trial Date and Excluding Time Under
the Speedy Trial Act”

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