Final Order of Forfeiture — United States v. Martin Kao, Crim. No. 21-00061 LEK (District of Hawaii)

Summary

A Final Order of Forfeiture in United States of America v. Martin Kao, Crim. No. 21-00061 LEK, in the U.S. District Court for the District of Hawaii, filed December 14, 2023 as Document 123. It recites that an August 31, 2023 order of forfeiture covered property seized on or about September 30, 2020, and that notice was published on www.forfeiture.gov for at least 30 consecutive days beginning September 2, 2023, with no timely claim filed. The order forfeits to the United States $693,986.72 from Kao's business operating account, $8,000,000.00 from a business investment account, $2,000,000.00 from a personal investment account and $20,200.00 from a personal checking account, under 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461. It is dated in Honolulu, Hawaii on December 14, 2023.

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 Case 1:21-cr-00061-LEK Document 123 Filed 12/14/23 Page 1 of 4 PageID.997



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 123 Filed 12/14/23 Page 2 of 4 PageID.998



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


                                         2
 Case 1:21-cr-00061-LEK Document 123 Filed 12/14/23 Page 3 of 4 PageID.999



      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;


                                            3
 Case 1:21-cr-00061-LEK Document 123 Filed 12/14/23 Page 4 of 4 PageID.1000



      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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