Federal prosecutors will not oppose a request to set aside the conviction of a California man who pleaded guilty to a felony charge related to the forced-labor prosecution against Alec and Mike Sou of Aloun Farms.
Matee Chowsanitphon made the request in view of the federal prosecutors dropping charges against the Sou brothers Aug. 4 during the fourth day of their trial.
The setting aside of Chowsanitphon’s conviction would mean he would not have to pay $48,000 in restitution to 24 of the Thai laborers brought here to work at the Sous’ farm.
Chowsanitphon, the middleman between the Sous and Thai recruiters, pleaded guilty in 2009 to a charge of not reporting visa fraud in connection with the farm bringing in 44 Thai workers.
In his request to erase the conviction, Chowsanitphon’s lawyer, Rustam Barbee, said evidence the defense gave to prosecutors that led to their decision to dismiss the Sous’ charges also shows that his client did not have the intent to commit a crime.
Among the evidence was a letter showing Aloun Farms trying to get extensions of the Thai workers’ visas to remain at the farm, which showed the Sous had no intent to commit visa fraud, Barbee said.
Chowsanitphon’s conviction and sentence were “fundamentally flawed and resulted in a miscarriage of justice where insufficient evidence of criminal intent was recently exposed at the Sou trial,” Barbee said.
The same evidence that resulted in the prosecutors dropping the case should also apply to Chowsanitphon, he said.
U.S. Justice Department civil rights attorneys said the government “is not opposed” to the defense request to set aside the conviction.
Chowsanitphon, 57, was ordered to pay restitution and was sentenced to six months’ house arrest and five years’ probation, which he is serving, Barbee said.
