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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,
Plaintiff,
vs.
MARTIN KAO,
Defendant.
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Crim. No. 21-00061 LEK
FINAL ORDER OF
FORFEITURE
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
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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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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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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.
DATED: HONOLULU, HAWAII, December 14, 2023.
USA v. Martin Kao; Criminal No. 21-00061 LEK; “Final Order of Forfeiture”
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