Court filing
NOTICE of Filing Declaration of Internet Publication;… — PPP Attempt Conspiracy Legal Filings (Dkt. 121)
No. 1:21-cr-00061-LEK · Doc. 121 · Docket on CourtListener
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Case 1:21-cr-00061-LEK Document 121 Filed 10/03/23 Page 1 of 8 PageID.984
CLARE E. CONNORS #7936 GLENN S. LEON
United States Attorney Chief, Fraud Section
District of Hawaii Criminal Div., U.S. Dept. of Justice
CRAIG S. NOLAN
SYDNEY SPECTOR #11232 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
Email: Craig.Nolan@usdoj.gov Email: 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 AMERICA, CR. NO. 21-00061 LEK
Plaintiff, NOTICE OF FILING
DECLARATION OF INTERNET
vs. PUBLICATION; DECLARATION
OF INTERNET PUBLICATION;
MARTIN KAO, EXHIBIT “A”
Defendant.
NOTICE OF FILING DECLARATION OF INTERNET PUBLICATION
The United States of America, by and through its undersigned attorneys,
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Case 1:21-cr-00061-LEK Document 121 Filed 10/03/23 Page 2 of 8 PageID.985
attaches for filing the Declaration of Internet Publication as it pertains to the
above-captioned defendant in the above-entitled case.
Dated: October 3, 2023, at Honolulu, Hawaii.
Respectfully submitted,
CLARE E. CONNORS
United States Attorney
District of Hawaii
By: /s/ Sydney Spector
SYDNEY SPECTOR
Assistant U. S. Attorney
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Case 1:21-cr-00061-LEK Document 121 Filed 10/03/23 Page 3 of 8 PageID.986
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
UNITED STATES OF AMERICA, CR. NO. 21-00061 LEK
Plaintiff, DECLARATION OF INTERNET
PUBLICATION
vs.
MARTIN KAO,
Defendant.
DECLARATION OF INTERNET PUBLICATION
In accordance with 21 U.S.C. § 853(n)(1) and Rule 32.2(b)(6)(C) of the
Federal Rules of Criminal Procedure, Notice of Forfeiture, as it pertains to the
above-captioned defendant, was duly posted on an official government internet
website (www.forfeiture.gov). The publication ran for at least 30 consecutive
days, beginning on September 2, 2023, as evidenced by the Advertisement
Certification Report and the published Notice of Forfeiture Action, copies of which
are collectively attached hereto as Exhibit “A.”
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I am authorized to make this declaration and do so based on my personal
knowledge and information obtained through official government sources.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 3, 2023 at Honolulu, Hawaii.
/s/ Jane Pascual
JANE PASCUAL
FSA Asset Forfeiture Paralegal
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EXHIBIT A
Case 1:21-cr-00061-LEK Document 121 Filed 10/03/23 Page 6 of 8 PageID.989
Advertisement Certification Report
The Notice of Publication was available on the www.forfeiture.gov web site for at least 18 hours per day
between September 2, 2023 and October 01, 2023. Below is a summary report that identifies the uptime
for each day within the publication period and reports the results of the web monitoring system’s daily
check that verifies that the advertisement was available each day.
U.S. v. Martin Kao
Court Case No: 21-00061 LEK
For Asset ID(s): See Attached Advertisement Copy
Consecutive Date Advertisement Total Hours Web Site Verification that
Calendar Day Appeared on the was Available during Advertisement
Count Web Site Calendar Day existed on Web Site
1 09/02/2023 24.0 Verified
2 09/03/2023 24.0 Verified
3 09/04/2023 24.0 Verified
4 09/05/2023 23.9 Verified
5 09/06/2023 23.9 Verified
6 09/07/2023 23.9 Verified
7 09/08/2023 23.9 Verified
8 09/09/2023 23.9 Verified
9 09/10/2023 23.9 Verified
10 09/11/2023 23.9 Verified
11 09/12/2023 23.9 Verified
12 09/13/2023 23.9 Verified
13 09/14/2023 23.9 Verified
14 09/15/2023 24.0 Verified
15 09/16/2023 23.9 Verified
16 09/17/2023 24.0 Verified
17 09/18/2023 23.9 Verified
18 09/19/2023 23.9 Verified
19 09/20/2023 23.9 Verified
20 09/21/2023 24.0 Verified
21 09/22/2023 24.0 Verified
22 09/23/2023 24.0 Verified
23 09/24/2023 23.9 Verified
24 09/25/2023 23.9 Verified
25 09/26/2023 23.9 Verified
26 09/27/2023 23.9 Verified
27 09/28/2023 23.9 Verified
28 09/29/2023 23.9 Verified
29 09/30/2023 23.9 Verified
30 10/01/2023 24.0 Verified
Additional log information is available and kept in the archives for 15 years after the asset has been disposed.
Case 1:21-cr-00061-LEK Document 121 Filed 10/03/23 Page 7 of 8 PageID.990
Attachment 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII, FORFEITURE DIVISION
COURT CASE NUMBER: 21-00061 LEK; NOTICE OF FORFEITURE
Notice is hereby given that on August 31, 2023, in the case of U.S. v. Martin Kao,
Court Case Number 21-00061 LEK, the United States District Court for the District of
Hawaii entered an Order condemning and forfeiting the following property to the United
States of America:
$693,986.72 seized from defendant's business operating account: CPB
#xxxxxx9145 in Honolulu, HI on or about September 30, 2020(20-IRS-000609)
$8,000,000.00 seized from defendant's business investment account: Merrill Lynch
#xxx-x3506 on or about September 30, 2020 in Honolulu, HI (20-IRS-000610)
$2,000,000.00 seized from defendant's personal investment account: Merrill Lynch
#xxx-x2641 on or about September 30, 2020 in Honolulu, HI (20-IRS-000611)
$20,200.00 seized from defendant's personal checking account with First Hawaiian
Bank: Acct#xx-xx1787 on or about September 30, 2020 in Honolulu, HI
(20-IRS-000612)
The United States hereby gives notice of its intent to dispose of the forfeited
property in such manner as the United States Attorney General may direct. Any person,
other than the defendant(s) in this case, claiming interest in the forfeited property must file
an ancillary petition within 60 days of the first date of publication (September 02, 2023) of
this Notice on this official government internet web site, pursuant to Rule 32.2 of the
Federal Rules of Criminal Procedure and 21 U.S.C. § 853(n)(1). The ancillary petition
must be filed with the Clerk of the Court, 300 Ala Moana Boulevard, Room C-338,
Honolulu, HI 96850, and a copy served upon Assistant United States Attorney Sydney
Spector, PJKK Federal Building, 300 Ala Moana Boulevard, Room 6-100, Honolulu, HI
96850. The ancillary petition shall be signed by the petitioner under penalty of perjury and
shall set forth the nature and extent of the petitioner's right, title or interest in the forfeited
property, the time and circumstances of the petitioner's acquisition of the right, title and
interest in the forfeited property and any additional facts supporting the petitioner's claim
and the relief sought, pursuant to 21 U.S.C. § 853(n).
Following the Court’s disposition of all ancillary petitions filed, or if no such petitions
are filed, following the expiration of the period specified above for the filing of such
ancillary petitions, the United States shall have clear title to the property and may warrant
good title to any subsequent purchaser or transferee.
The government may also consider granting petitions for remission or mitigation,
which pardon all or part of the property from the forfeiture. A petition must include a
description of your interest in the property supported by documentation; include any facts
Case 1:21-cr-00061-LEK Document 121 Filed 10/03/23 Page 8 of 8 PageID.991
you believe justify the return of the property; and be signed under oath, subject to the
penalty of perjury, or meet the requirements of an unsworn statement under penalty of
perjury. See 28 U.S.C. Section 1746. For the regulations pertaining to remission or
mitigation of the forfeiture, see 28 C.F.R. Sections 9.1 - 9.9. The criteria for remission of
the forfeiture are found at 28 C.F.R. Section 9.5(a). The criteria for mitigation of the
forfeiture are found at 28 C.F.R. Section 9.5(b). The petition for remission need not be
made in any particular form and may be filed online or in writing. You should file a petition
for remission not later than 11:59 PM EST 30 days after the date of final publication of this
notice. See 28 C.F.R. Section 9.3(a). The https://www.forfeiture.gov/FilingPetition.htm
website provides access to a standard petition for remission form that may be mailed and
the link to file a petition for remission online. If you cannot find the desired assets online,
you must file your petition for remission in writing by sending it to Assistant United States
Attorney Sydney Spector, PJKK Federal Building, 300 Ala Moana Boulevard, Room 6-100,
Honolulu, HI 96850. This website provides answers to frequently asked questions (FAQs)
about filing a petition for remission. You may file both an ancillary petition with the court
and a petition for remission or mitigation.
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