The forced-labor case involving Aloun Farms on Oahu continues to unravel weeks after a judge tossed it out.
Now federal prosecutors are seeking the suspension of $48,000 in ordered restitution by a man who pleaded guilty in the case.
Matee Chowsanitphon was the middleman between Thai recruiters and Aloun Farms owners Alec and Mike Sou.
Chowsanitphon, who helped the Sous bring in 44 Thai nationals to work at the farm, pleaded guilty two years ago to a felony related to visa fraud and agreed to pay $2,000 each to 24 of the workers.
But federal prosecutors here and with the Justice Department’s Civil Rights Division in Washington, D.C., have asked that the payments be held in "abeyance."
They said they are reviewing whether there are any "potential effects" from what they called "unanticipated developments" in the Sous’ case on Chowsanitphon’s requirement to pay restitution.
They asked for the suspension "in the interest of justice."
Chowsanitphon was ordered to pay at least 10 percent of his gross monthly income and had paid $4,966 that is held by the federal court clerk, according to the request to suspend payments.
The prosecution’s request asks that the clerk hold on to the money.
Susan Cushman, the assistant U S. attorney here who filed the request, declined to elaborate on the motion.
A hearing date on the request has not yet been set, according to the court file.
The request isfallout from the remarkable dismissal request by prosecutors Aug. 4, which was even more startling because it occurred after the start of the trial. That means the charges cannot be resurrected because of constitutional double-jeopardy protections.
The Sous were charged with victimizing Thai laborers who paid as much as $20,000 in recruitment fees to work at the Kapolei-based farm in 2004 and 2005. But federal prosecutors asked for a dismissal, also saying it was "in the interest of justice."
The request is another setback for the 24 Thai nationals who were considered by the Justice Department to be victims of human trafficking.
Other Thai laborers who worked on the farm could not be located or were not interviewed by authorities.
Clare Hanusz, a civil lawyer for the Thai nationals, said they weren’t notified of the latest prosecution request.
"I think it’s just going to reflect disappointment in the U.S. justice system, which they had high hopes in," she said.
The 24 were on the brink of receiving $8,000 each from the Sous as part of a plea agreement, but the deal was rejected last year by U.S. District Judge Susan Oki Mollway, who ruled that the brothers’ statements did not support their guilty plea.
With the dismissal of all charges against the Sous, the two brothers are no longer obligated to pay the workers.
Hanusz said the case now calls into question whether there will be justice for other victims in human trafficking cases, including the trial for Global Horizon Manpower on forced-labor charges next year.
"I still have to have hope, but we’re all disappointed," she said.
Rustam Barbee, Chowsanitphon’s attorney, said he understands that there will be further court proceedings for his client because of the dismissal.
He said his goal is to have the conviction set aside.
Chowsanitphon, 57, a U.S. citizen for about 16 years and a California resident who works at his wife’s 7-Eleven store, pleaded guilty in 2009 to not reporting visa fraud in connection with the Thai workers.
He was sentenced to six months’ house arrest and ordered to pay restitution.
Chowsanitphon was the witness during the federal grand jury proceedings last year who was erroneously told by Justice Department attorney Susan French that recruitment fees were illegal.
The grand jury later indicted the Sous on the 12-count forced-labor charges.
On the morning of the second day of trial, before Chowsanitphon was to take the witness stand, Mike Sou’s attorney, Thomas Otake, told Mollway that French’s remark was "an absolute misstatement of the law."
Otake said it was clear to the defense that the prosecution case was based on a "mistaken belief" of the law.
Under grilling by the judge, French said she agreed recruitment fees were not prohibited as is the case now, but said she wasn’t trying to mislead the grand jury.
At the start of that day’s afternoon session, French was excused from the case after she complained of chest pains and said she felt like she was going to pass out.
Cushman and Kevonne Small, another Justice Department prosecutor, said with the departure of the lead prosecutor, senior Justice Department lawyers would be arriving here to review and assist in the case.
Mollway turned down their request to recess the trial for a couple of days.
Chowsanitphon took the stand and testified that Alec Sou thought the required wage for the Thai laborers at the farm was too high and agreed to accept $2,500 for each worker as an incentive to hiring them.
Chowsanitphon, who escorted the workers from Thailand to Hawaii, said he never heard the Sous threaten the workers or the workers complain about any threats from the brothers.
He testified he did not think he was doing anything wrong until French told him the recruitment fees were illegal.
The next day, Cushman asked for the dismissal.
Barbee said his client had "mixed emotions."
"He was, of course, happy for the defendants, Mike and Alec, but he’s also drained from the experience," Barbee said.
Barbee said his client’s role was the first and only time he was involved in bringing laborers to the country.
"After this was over, he was asked to do it again," Barbee said.
His client responded, "‘No, thank you,’" Barbee said. "He wanted out."
Cushman signed the request on Chowsanitphon’s restitution on behalf of the U.S. Attorney’s Office here and Justice Department civil rights lawyers.
French is not listed as one of the prosecutors.
A Justice Department spokeswoman declined to comment on French’s status.