Stipulated MOTION Seeking Protective Order Pursuant to Fed.R.Crim.P.… — PPP Attempt Conspiracy Legal Filings (Dkt. 40)

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Case 1:21-cr-00061-JAO Document 40 Filed 05/17/21 Page1of9 PagelD#: 164

JUDITH A. PHILIPS

Acting United States Attorney
District of Hawaii

Justice

CRAIG S. NOLAN

Assistant U.S. Attorney

Room 6100, PJKK Federal Building
300 Ala Moana Blvd.

Honolulu, Hawaii 96850
Telephone: (808) 541-2850
Facsimile: (808) 541-2958

E-mail: Craig. Nolan@usdoj.gov

Attorneys for Plaintiff
UNITED STATES OF AMERICA

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

THOMAS J. TYNAN

Trial Attorney

U.S. Dept. of Justice

Criminal Division, Fraud Section
1400 New York Avenue, N.W.
Washington, D.C. 20005
Telephone: (202) 768-1136
E-mail: Thomas.Tynan@usdoj.gov

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWATIL

UNITED STATES OF AMERICA,
Plaintiff,

VS.

MARTIN KAO,

Defendant.

CR. NO. 21-00061 JAO

STIPULATED MOTION SEEKING
PROTECTIVE ORDER PURSUANT
TO FED.R.CRIMP. 16(d);
PROPOSED ORDER;
CERTIFICATE OF SERVICE

STIPULATED MOTION SEEKING PROTECTIVE ORDER
PURSUANT TO FED.R.CRIM.P. 16(d)

Case 1:21-cr-00061-JAO Document 40 Filed 05/17/21 Page2of9 PagelD #: 165

The United States of America, through its counsel, hereby moves this
Honorable Court for a protective order pursuant to Rule 16(d) of the Federal Rules
of Criminal Procedure.

1. This matter involves charges of wire fraud and money laundering
arising out of applications by defendant for Small Business Administration
Paycheck Protection Program loans. The applications were made in the names of
companies owned and controlled by defendant. Although defendant remains the
owner of those companies, defendant has been replaced as CEO. Defendant and
his companies have separate legal counsel in connection with this matter.

2. The government anticipates that discovery in this matter will include
financial and other sensitive documents relating to defendant’s companies and
other third parties. The unrestricted dissemination of such materials could
adversely affect the privacy interests of third parties, necessitating a protective
order.

3. The government has conferred with counsel for defendant. By
signature of defense counsel below, defendant stipulates to this Motion and

consents to entry of the proposed protective order.
Case 1:21-cr-00061-JAO Document 40 Filed 05/17/21 Page3of9 PagelD #: 166

For the above stated reasons, the government respectfully moves this Court
to enter the proposed protective order relating to discovery produced by the
government in this matter.

DATED: May 17, 2021, at Honolulu, Hawaii.

Respectfully Submitted,
JUDITH A. PHILIPS
Acting United States Attorney
District of Hawaii
By /s/ Craig S. Nolan
CRAIG 8. NOLAN
Assistant U.S. Attorney

On behalf of Defendant Martin Kao, I stipulate to this Motion and consent to

entry of the proposed protective order.

22

MICHAEL JAYGREEDF sq.
Attorney for Defendant MARTIN KAO

Case 1:21-cr-00061-JAO Document 40 Filed 05/17/21 Page4of9 PagelD #: 167

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, on the date noted below, the true and correct

copy of the foregoing was served electronically through CM/ECF:

Michael Jay Green, Esq.
Attorney for Defendant Martin Kao

DATED: May 1/7, 2021, at Honolulu, Hawaii.

/s/ Craig S. Nolan
Craig S. Nolan
Assistant U.S. Attorney
U.S. Attorney’s Office
District of Hawaii

Case 1:21-cr-00061-JAO Document 40 Filed 05/17/21 Page5of9 PagelD #: 168

JUDITH A. PHILIPS

Acting United States Attorney
District of Hawaii

Justice

CRAIG S. NOLAN

Assistant U.S. Attorney

Room 6100, PJKK Federal Building
300 Ala Moana Blvd.

Honolulu, Hawaii 96850
Telephone: (808) 541-2850
Facsimile: (808) 541-2958

E-mail: Craig. Nolan@usdo}j.gov

Attorneys for Plaintiff
UNITED STATES OF AMERICA

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

THOMAS J. TYNAN

Trial Attorney

U.S. Dept. of Justice

Criminal Division, Fraud Section
1400 New York Avenue, N.W.
Washington, D.C. 20005
Telephone: (202) 768-1136
E-mail: Thomas. Tynan@usdoj.gov

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

UNITED STATES OF AMERICA, _ ) CR. NO. 21-00061 JAO
Plaintiff,
) PROTECTIVE ORDER
VS. )
)
MARTIN KAO, )
)
)
Defendant. )
)
PROTECTIVE ORDER

This matter is before the Court on the Motion of the United States seeking a

protective order pursuant to Federal Rule of Criminal Procedure 16(d). Defendant

5
Case 1:21-cr-00061-JAO Document 40 Filed 05/17/21 Page6of9 PagelD #: 169

stipulates to the Motion and consents to entry of the proposed protective order.
The Court, having considered the Motion and being otherwise sufficiently advised,
hereby GRANTS the Motion.

IT IS HEREBY ORDERED:

1. All of the materials provided by the United States in preparation for,
or in connection with, any stage of the proceedings in this case (collectively, “the
materials”) are subject to this protective order and may be used by defendant and
defendant’s counsel (defined as counsel of record in this case) solely in connection
with the defense of this case, and for no other purpose, and in connection with no
other proceeding, without further order of this Court.

2. Defendant and defendant’s counsel shall not disclose the materials or
their contents directly or indirectly to any person or entity other than persons
employed to assist in the defense, persons who are interviewed as potential
witnesses, counsel for potential witnesses, and other persons to whom the Court
may authorize disclosure (collectively, “authorized persons”). Potential witnesses
and their counsel may be shown copies of the materials as necessary to prepare the
defense, but may not retain copies without prior permission of the Court. The

materials and their contents shall not be disclosed either directly or indirectly to
Case 1:21-cr-00061-JAO Document 40 Filed 05/17/21 Page 7of9 PagelD #:170

any person or entity outside of the United States without prior authorization from
the Court.

3, Defendant, defendant’s counsel, and other authorized persons shall
not copy or reproduce the materials except in order to provide copies of the
materials for use in connection with this case by the defendant, defendant’s
counsel, and other authorized persons. Such copies and reproductions shall be
treated in the same manner as the original materials.

4, Defendant, defendant’s counsel, and other authorized persons shall
not disclose any notes or records of any kind that they make in relation to the
contents of the materials, other than to authorized persons, and all such notes or
records are to be treated in the same manner as the original materials.

5. Before providing materials to an authorized person, defense counsel
must provide the authorized person with a copy of this Order and require the
authorized person to sign a statement acknowledging that the authorized person has
received a copy of and reviewed this Order, and has agreed to be bound by its
terms and conditions subject to sanctioning by the Court for any violations of this
Order. Defense counsel shall maintain a copy of the signed statement of each

authorized person for a period of twelve months after the conclusion of all stages
Case 1:21-cr-00061-JAO Document 40 Filed 05/17/21 Page 8of9 PagelD#:171

of this case, and shall provide copies of the signed statement of each authorized
person to the government upon request.

6. Upon conclusion of all stages of this case, all of the materials and all
copies made thereof shall be disposed of in one of three ways, unless otherwise
ordered by the Court. The materials may be (a) destroyed; (b) returned to the
United States; or (c) retained in defense counsel’s case file. The Court may require
a certification as to the disposition of any such materials. In the event that the
materials are retained by defense counsel, the restrictions of this Order continue in
effect for as long as the materials are so maintained, and the materials may not be
disseminated or used in connection with any other matter without further order of
the Court.

7. The restrictions set forth in this Order do not apply to documents that
are or become part of the public court record, including documents that have been
received in evidence at other trials, nor do the restrictions in this Order limit
defense counsel in the use of discovery materials in judicial proceedings in this
case, except that any document filed by any party that attaches or otherwise
discloses specially identified sensitive information by the United States shall be
filed under seal to the extent necessary to protect such information, absent prior

permission from this Court.
Case 1:21-cr-00061-JAO Document 40 Filed 05/17/21 Page9of9 PagelD#: 172

8. Nothing contained in this Order shall preclude any party from
applying to this Court for further relief or for modification of any provision hereof.

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

UNITED STATES v. MARTIN KAO
Cr. No. 21-00061 JAO
“Protective Order”

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