ORDER GRANTING MOTION FOR RETURN OF PROPERTY PURSUANT TO RULE 41(g) OF… — PPP Attempt Conspiracy Legal Filings (Dkt. 92)

Summary

An Order Granting Motion for Return of Property Pursuant to Rule 41(g) of the Federal Rules of Criminal Procedure in United States v. Martin Kao, No. 1:21-cr-00061-LEK, in the U.S. District Court for the District of Hawaii, dated and filed February 15, 2023 as Doc. 92. The motion was brought by PacMar Technologies LLC, formerly Martin Defense Group, LLC, and heard on February 14, 2023. The order finds that a company cellphone PacMar issued to Mr. Kao and the data stored on it are PacMar's property under policies he acknowledged, and that he has no reasonable expectation of privacy in the data. It orders that the government retain the phone and return a copy of the data to PacMar within thirty (30) days, with execution stayed if he files a timely objection. The three-page order carries the signature block of Magistrate Judge Rom A. Trader.

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

Full text

Case 1:21-cr-00061-LEK     Document 92       Filed 02/15/23   Page 1 of 3 PageID.532



KOBAYASHI SUGITA & GODA, LLP
DAVID M. LOUIE                2162
JESSE W. SCHIEL               7995
First Hawaiian Center
999 Bishop Street, Suite 2600
Honolulu, Hawaii 96813
Telephone: (808) 535-5700
Facsimile: (808) 535-5799
E-mail:     dml@ksglaw.com;
            jws@ksglaw.com

Attorneys for Movant
PACMAR TECHNOLOGIES LLC f/k/a
MARTIN DEFENSE GROUP, LLC f/k/a
NAVATEK LLC


                IN THE UNITED STATES DISTRICT COURT

                         FOR THE DISTRICT OF HAWAII

UNITED STATES OF AMERICA,                    CR. NO. 21-00061 LEK

            Plaintiff,                       ORDER GRANTING MOTION FOR
                                             RETURN OF PROPERTY
      vs.                                    PURSUANT TO RULE 41(g) OF THE
                                             FEDERAL RULES OF CRIMINAL
MARTIN KAO,                                  PROCEDURE

            Defendant.

 ORDER GRANTING MOTION FOR RETURN OF PROPERTY PURSUANT TO
    RULE 41(g) OF THE FEDERAL RULES OF CRIMINAL PROCEDURE

     PACMAR TECHNOLOGIES LLC f/k/a MARTIN DEFENSE GROUP, LLC

f/k/a NAVATEK LLC’S (“PacMar” or the “Company”) MOTION FOR RETURN

OF PROPERTY PURSUANT TO RULE 41(g) OF THE FEDERAL RULES OF


                                         1
Case 1:21-cr-00061-LEK         Document 92       Filed 02/15/23   Page 2 of 3 PageID.533



CRIMINAL PROCEDURE (the “Motion”) came on for hearing on February 14,

2023 at 9:30 a.m. before the Honorable Rom Trader. Jesse W. Schiel appeared for

Movant PacMar, Craig S. Nolan appeared for Plaintiff UNITED STATES (the

“Government”), and Victor J. Bakke and Michael Okazaki appeared for Defendant

MARTIN KAO (“Defendant Kao”).

      Having considered the Motion, the Memorandum in Opposition filed by

Defendant Kao [Dkt. No. 89], the Government’s Response to the Motion [Dkt. No.

84, hereinafter the “Government’s Response”], PacMar’s Reply in Support of the

Motion [Dkt. No. 90], the arguments of counsel at the hearing on this matter, the

records and files herein, and for the reasons set forth on the record during the hearing,

the COURT hereby FINDS AND ORDERS as follows:

      1.         The Motion is GRANTED;

      2.         The Court adopts the arguments and authorities relied upon by PacMar

and finds that the cellular phone previously issued by PacMar to Defendant Kao

during     his    employment     with   Pacmar,      Apple    iPhone    11   Pro   (IMEI

353247100759018) (the “Company Cellphone”), and all of the business and

personal data stored therein (hereinafter the “Cellphone Data”), are the property of

PacMar pursuant to PacMar’s policies which were acknowledged by Defendant Kao

and that Defendant Kao has no reasonable expectation of privacy with respect to the

Cellphone Data.


                                             2
Case 1:21-cr-00061-LEK      Document 92       Filed 02/15/23   Page 3 of 3 PageID.534



      3.      Having found that PacMar is the owner of the Company Cellphone and

Cellphone Data, the Court further finds that PacMar has met the requirements under

Rule 41(g) of the Federal Rules of Criminal Procedure for the return of its property

and is therefore entitled to the Government’s return of the Cellphone Data under

Rule 41(g);

      4.      Pursuant to the representations made in the Government’s Response,

the Government shall retain the Company Cellphone, and a copy of the entirety of

the Cellphone Data shall be returned to PacMar within thirty (30) days; and

      5.      Should Defendant Kao file a timely objection to this order, the Court

will stay the execution of this order pending the District Court’s disposition of the

objection.

      DATED: Honolulu, Hawai‘i, February 15, 2023.




                                      Rom A. Trader
                                      United States Magistrate Judge




CR. NO. 21-00061 LEK; United States of America vs. Martin Kao; ORDER
GRANTING MOTION FOR RETURN OF PROPERTY PURSUANT TO RULE
41(g) OF THE FEDERAL RULES OF CRIMINAL PROCEDURE


                                          3


File and source

File

gov.uscourts.hid.154417.92.0.pdf

Size

317,076 bytes

SHA-256

27d6f33f9b59dc207dd9a41ae8edfb1742db1ea6965193a6ccf3a3d07b35b489

Our copy

gov.uscourts.hid.154417.92.0.pdf

Original

PACER (login required)