Case Document 94 Filed 11/07/17 Page 1 of 3 PagelD 778 MYLES S. BREINER 4364-0 mvles @breinerlaw.net 841 Bishop Street, Suite 2115 Honolulu, HI 96813 Tel: 808?526-3426 Attorney for defendant KATHERINE P. KEALOHA (1) GARY A. MODAFFERI modafferilaw Email . com 815 South Casino Center Boulevard Las Vegas, Nevada 89101 Tel: 702-327?3033 Attorney for defendant LOUIS M. KEALOHA (2) Of Counsel: SUMIDA AU WONG, KEVIN P.H. SUMIDA 2544-0 ksumida @hawaiilaw41 1.00m 735 Bishop Street, Suite 411 Honolulu, Hawai?i 96813 Telephone No. 808-356?2600 Facsimile No. 808-587-6197 Attorneys for Defendants KATHERINE P. KEALOHA (1) and LOUIS M. KEALOHA (2) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII UNITED STATES OF AMERICA, Case No. CR MS plaintiff, JOINT MOTION To WITHDRAW AS COUNSEL AND FOR APPOINTMENT VS, OF PRO HAC VICE CJA DECLARATION OF KEVIN P.H. KATHERINE P. KEALOHA (1) MEMORANDUM IN aka Katherine E. Kealoha, SUPPORT OF MOTION Case Document 94 Filed 11/07/17 Page 2 of 3 PagelD 779 aka Kathy Kealoha, aka Kat, aka Alison Lee Wong, LOUIS M. KEALOHA (2), DEREK WAYNE HAHN (3), NGUYEN (4), . aka Bobby Nguyen, GORDON SHIRAISHI (5), and DANIEL SELLERS (6), Defendants. JOINT MOTION TO WITHDRAW AS COUNSEL AND FOR APPOINTMENT OF PRO HAC VICE CJ A COUNSEL COMES NOW MYLES S. BREINER, attorney for defendant Katherine P. Kealoha, GARY A. MODAFFERI, attorney for Louis M. Kealoha, and KEVIN P.H. SUMIDA, attorney for Katherine P. Kealoha and Louis M. Kealoha, and hereby respectfully and jointly move this Honorable Court for leave to withdraw as counsel from this case. Attorneys also request that this Court appoint pro hac vice A counsel to represent the defendants. This motion is supported by the attached memorandum. DATED: HONOLULU, HAWAII, November 7, 2017. ken}? ?Et? 91mm KEVIN P. H. SUMIDA Attorneys for Defendant KATHERINE P. KEALOHA (1) and LOUIS M. KEALOHA (2) Case Document 94 Filed 11/07/17 Page 3 of 3 PagelD 780 DATED: HONOLULU, HAWAII, DATED: HONOLULU, HAWAII, November 7, 2017. ls/ Brecher MYLES S. BREINER Attorneys for Defendant KATHERINE P. KEALOHA (1) November 7, 2017. Gary A GARY A. MODAFFERI Attorneys for Defendant LOUIS M. KEALOHA (2) Case Document 94-1 Filed 11/07/17 Page 1 of 2 PageID 781 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII UNITED STATES OF AMERICA, Case NO- CR 17-00582-JMS Plaintiff, DECLARATION OF KEVIN RH. SUMIDA VS. KATHERINE P. KEALOHA (1) aka Katherine E. Kealoha, aka Kathy Kealoha, aka Kat, aka Alison Lee Wong, LOUIS M. KEALOHA (2), DEREK WAYNE HAHN (3), NGUYEN (4), aka Bobby Nguyen, GORDON SHIRAISHI (5), and DANIEL SELLERS (6), Defendants. DECLARATION OF KEVIN P.H. SUMIDA STATE OF HAWAII SS. CITY AND COUNTY OF HONOLULU KEVIN P.H. SUMIDA, declares under penalty of perjury and says that: 1. He is an attorney duly licensed to practice in all courts in the State of Hawaii. 2. He is one of the attorneys for defendants LOUIS M. KEALOHA and KATHERINE P. KEALOHA in the above?entitled case. Case Document 94-1 Filed 11/07/17 Page 2 of 2 PageID 782 3. The defendants have discussed this matter collectively and individually with their respective attorneys. In the case of Louis M. Kealoha, attorney Gary Modafferi and defendant Louis Kealoha have confirmed that the separate discussions were held between them without the presence of Kevin Sumida or Myles Breiner. 4. After such individual and joint consultation, it has been mutually determined by counsel and defendants that the defendants are unable, and will be unable, to raise the funds necessary to fund a defense for the instant case. The parties have been informed by the government that this case will involve a quarter of a million pages of evidence, and some 500 witnesses, and that this trial is likely to consume at least four months. 5. Because the defendants? assets have been effectively frozen by the federal government, and the terms of their bond prohibit them from even applying for a loan, the defendants informed counsel that they are left with insufficient resources to retain private counsel to defend them. Further declarant sayeth naught. I declare under penalty of law that the foregoing is true and correct. Executed in Honolulu, Hawaii, on November 7, 2017. KEVIN P. H. SUMTDA Case Document 94-2 Filed 11/07/17 Page 1 of 2 PageID 783 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII UNITED STATES OF AMERICA, Plaintiff, vs. KATHERINE P. KEALOHA (1) aka Katherine E. Kealoha, aka Kathy Kealoha, aka Kat, aka Alison Lee Wong, LOUIS M. KEALOHA (2), DEREK WAYNE HAHN (3), NGUYEN (4), aka Bobby Nguyen, GORDON SHIRAISHI (5), and DANIEL SELLERS (6), Defendants. Case NO. CR 17-00582-JMS MEMORANDUM IN SUPPORT OF MOTION MEMORANDUM IN SUPPORT OF MOTION Defendants can no longer fund a defense. Their assets have been effectively frozen by the federal government, and the terms of their bond prohibit them from even applying for a loan. On November 7, 2017, after much consideration, it has been determined by counsel and defendants that the defendants are unable, and Will be unable, to raise the funds necessary to fund a defense for the instant case, which Case Document 94-2 Filed 11/07/17 Page 2 of 2 PageID 784 Will involve, as the government claims, a quarter of a million pages of evidence, some 500 witnesses, and a trial consuming four months. Counsel also requests, and recommends, that pro hac vice CJ A counsel be appointed to represent the defendants, pursuant to 210.3030 of the Criminal Justice Act Guidelines. These guidelines provide that, if it is in the interests of justice or other compelling circumstance warrant, pro hac vice A defense counsel may be appointed. The instant case is of such magnitude and complexity that there are no other attorneys locally available who are both qualified and not suffering from potential con?icts of interests. DATED: HONOLULU, HAWAII, November 7, 2017. key/in 73.1% .Cwmida KEVIN P. H. SUMIDA Attorneys for Defendant KATHERINE P. KEALOHA and LOUIS M. KEALOHA (2) DATED: HONOLULU, HAWAII, November 7, 2017. ls/ Mlle/5.9 Brasher MYLES S. BREINER Attorneys for Defendant KATHERINE P. KEALOHA (1) DATED: HONOLULU, HAWAII, November 7, 2017. Gang A Mda??m' GARY A. MODAFFERI Attorneys for Defendant LOUIS M. KEALOHA (2)