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EO: COURT ORDER REGARDING THE PROPOSED FINAL ORDER OF FORFEITURE TO… — PPP Attempt Conspiracy Legal Filings (Dkt. 122)

No. 1:21-cr-00061-LEK · Doc. 122 · Docket on CourtListener

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Case 1:21-cr-00061-LEK Document 122 Filed 11/28/23 Page 1 of 5 PageID.992

MINUTE ORDER

CASE NUMBER: CIVIL NO. 22-00283 LEK-WRP
CRIMINAL NO. 21-00061 LEK

CASE NAME: Pacmar Technologies LLC vs. Martin Kao et al.,

JUDGE: Leslie E. Kobayashi DATE: 11/28/2023

COURT ACTION: EO: COURT ORDER REGARDING THE PROPOSED FINAL
ORDER OF FORFEITURE TO BE FILED IN UNITED
STATES V. KAO, CR 21-00061 LEK

On August 31, 2023, this Court entered an Order of Forfeiture (Money Judgment)
and Preliminary Order of Forfeiture (Specific Property) in United States v. Kao, CR 21-
00061 LEK ("CR 21-061"), in which this Court ordered the forfeiture of all of Defendant
Martin Kao’s ("Kao") right, title, and interest in certain property. [CR 21-061, dkt. no.
116.] Attached to this entering order is the United States of America’s proposed Final
Order of Forfeiture.

Because the forfeiture in CR 21-061 may affect the claims in the instant case, the
parties should advise whether there are any objections to the proposed Final Order of
Forfeiture and to do so by December 12, 2023.

IT IS SO ORDERED.

Submitted by: Agalelei Elkington, Courtroom Manager
Case 1:21-cr-00061-LEK Document 122 Filed 11/28/23 Page 2 of 5 PageID.993

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

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

UNITED STATES OF AMERICA, ) Crim. No. 21-00061 LEK
)
Plaintiff, ) FINAL ORDER OF
) FORFEITURE
vs. )
)
MARTIN KAO, )
)
Defendant. )
)

FINAL ORDER OF FORFEITURE

WHEREAS, on August 31, 2023, this Court entered an Order of Forfeiture

(Money Judgment) and Preliminary Order of Forfeiture in which the Court ordered

the forfeiture of all of defendant Martin Kao’s right, title, and interest in the
Case 1:21-cr-00061-LEK Document 122 Filed 11/28/23 Page 3 of 5 PageID.994

following property (the “Forfeitable Property”), which was seized on or about

September 30, 2020:

i. $693,986.72 seized from defendant’s business operating
account: Central Pacific Bank Account No. xxxxxx9145;
ii. $8,000,000.00 seized from defendant’s business investment
account: Merrill Lynch Account No. xxx-x3506;
iii. $2,000,000.00 seized from defendant’s personal investment
account: Merrill Lynch Account No. xxx-x2641; and

iv. $20,200.00 from defendant’s personal checking account: First
Hawaiian Bank Account No. xx-xx1787 ; and
WHEREAS the United States caused notice of this forfeiture to be published

on an official government website (www.forfeiture.gov) for at least 30 consecutive

days, beginning on September 2, 2023, as directed by the United States Attorney

General in accordance with 21 U.S.C. § 853(n)(1), and as evidenced by the Notice

of Filing Declaration of Internet Publication, filed on October 3, 2023 (ECF No.

121); and

WHEREAS the United States has, to the extent practicable, provided written

notice to those persons known to have an alleged interest in the Forfeitable

Property; and

WHEREAS no timely claim to the Forfeitable Property has been filed or

received; and

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Case 1:21-cr-00061-LEK Document 122 Filed 11/28/23 Page 4 of 5 PageID.995

WHEREAS the Court finds that the defendant, or any combination of

defendants convicted in the case, had an interest in the Forfeitable Property, which

is subject to forfeiture pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461

and/or 18 U.S.C. § 982(a)(1); and

WHEREAS, pursuant to 21 U.S.C. § 853(n)(7), as incorporated by 28

U.S.C. § 2461 and 18 U.S.C. § 982(b)(1), the United States is therefore entitled to

have clear title to the Forfeitable Property and to warrant good title to any

subsequent purchaser or transferee; and

WHEREAS good and sufficient cause has been shown,

It is hereby ORDERED, ADJUDGED, AND DECREED:

THAT a Final Order of Forfeiture is entered against the Forfeitable Property,

which was seized on or about September 30, 2020, specifically:

i. $693,986.72 seized from defendant’s business operating
account: Central Pacific Bank Account No. xxxxxx9145;

ii. $8,000,000.00 seized from defendant’s business investment
account: Merrill Lynch Account No. xxx-x3506;

iii. $2,000,000.00 seized from defendant’s personal investment
account: Merrill Lynch Account No. xxx-x2641; and
iv. $20,200.00 from defendant’s personal checking account: First
Hawaiian Bank Account No. xx-xx1787 ; and

no right, title, or interest in the Forfeitable Property shall exist in any other party;

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Case 1:21-cr-00061-LEK Document 122 Filed 11/28/23 Page 5 of 5 PageID.996

THAT the Forfeitable Property is hereby forfeited to the United States of

America pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461; and

THAT all right, title, and interest in the Forfeitable Property, as well as any

income derived as a result of the management of the property by any United States

agency that has had custody of the Forfeitable Property, are hereby condemned,

forfeited, and vested in the United States of America and shall be disposed of

according to law.

ORDERED this , 2023.

___________________________________
HONORABLE LESLIE E. KOBAYASHI
United States District Judge

USA v. Martin Kao; Criminal No. 21-00061 LEK; “Final Order of Forfeiture”

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