Federal prosecutors have charged Aloun Farms’ owners Mike and Alec Sou with 12 new counts for their role in an alleged human trafficking scheme involving 44 Thai farm workers.

The new grand jury indictment, which includes six human trafficking counts, is the latest twist in the case involving one of Hawaii’s most well-known fruit and vegetable farms.

The brothers pleaded guilty in January to keeping 44 Thai immigrants as indentured laborers. But at their sentencing in July, the brothers appeared unsure of their pleas. Chief U.S. District Judge Susan Oki Mollway then threw out their plea deal and the Sous withdrew their guilty pleas.

The new indictment, filed late Wednesday, spells out in detail 12 new charges including one count of conspiracy to commit forced labor, five counts of forced labor, two counts of document servitude (withholding immigration documents in order to maintain labor or services), one count of visa fraud conspiracy, two counts of harboring for financial gain and one count of obstructing or impeding official proceedings.

The last count on the indictment stems from a 10-minute video the defense introduced into evidence at the brothers’ sentencing hearing. The video contained roughly-shot testimonials featuring farm workers and a Buddhist monk describing the Thai immigrants’ living conditions as comfortable. Prosecutors allege in the indictment that the video contained “false and misleading representations.”

“We knew the superseding indictment was coming down,” said attorney Howard Luke, who represents Alec Sou. “That was made quite clear awhile ago. On the actual substance of the charges…we have agreed not to discuss this case.” Luke said his client will enter a plea of not guilty in court tomorrow.

Attorney Eric Seitz, who represents Mike Sou, said simply: “We’re preparing to go to trial.”

Both the prosecution and the defense appear to be raising the stakes. The original indictment filed in August 2009 contained just three counts instead of the current 12. The Sous, meanwhile, have brought in a third defense lawyer from Los Angeles named Tom Bienert.

Attorney Clare Hanusz, who represents a group of 30 former Aloun Farm workers, said she was disappointed both sides couldn’t agree on a plea.

“Those of us representing the victims were hoping there would be another plea agreement, first and foremost, just to bring closure because this has gone on for a long time,” she said.

The Sous head to trial as the federal government in Hawaii prosecutes the largest human trafficking case in U.S. history. A federal grand jury last month indicted six people connected with Global Horizons for conspiring to keep 400 Thai immigrants as indentured laborers in Hawaii and Seattle.

Aloun Farms is one of the dozen or so Hawaii farms that hired the Los Angeles-based firm to recruit agricultural workers from foreign countries. None of the farms, however, face criminal charges in that case, said FBI Special Agent Tom Simon.

Hawaii remains one of six states in the U.S. that does not have a law criminalizing human trafficking.

Gov. Linda Lingle this summer vetoed what would have been Hawaii’s first human trafficking law. Its sponsors have vowed to reintroduce the bill in the next legislative session.

Honolulu’s new city prosecutor, Keith Kaneshiro, unlike his predecessor-turned-Honolulu-Mayor Peter Carlisle, stated that existing laws are inadequate to address human trafficking on Oahu.

Both Hawaii governor candidates say human trafficking is on their radar.

Republican Lt. Gov. James “Duke” Aiona told Civil Beat, “I don’t think it’s a matter of the laws at this point and time.” Democrat Neil Abercrombie said he has a personal interest in human trafficking because of his wife’s work in the field.

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