Excerpted Remarks by Edward Kim
  • 2019-06-09 21:17

Excerpted Remarks by Edward Kim: 

Now, I’m not going to touch upon everything we highlighted in our sentencing memo. I think the Court understands our perspective about the guidelines. But I would like to spend some time talking about Dr. Ho’s character, which shows why a sentence of time served is the right and the just result here. 

Now, I know I cannot possibly communicate everything about Dr. Ho’s character to you, but I would like to try to give you a sense for who Dr. Ho is as a whole. One thing is clear, prior to his . . . arrest in this case, Dr. Ho’s story was exceptional. After a modest upbringing, he left his home at a young age and came to America and discovered real success. And he faced a decision at that point. He could have stayed in this country and been prosperous, like many others leaving Hong Kong during that time, but he returned home with a sense of mission -- to help improve standards of medical care. 

As Dr. Ho’s successor at the Chinese University of Hong Kong wrote, “Dr. Ho single-handedly established academic ophthalmology in Hong Kong. He brought the practice of ophthalmology in Hong Kong and Mainland China into the modern era, and he did so with a selfless commitment to the greater good.” 

Now, many of the letters detail his efforts to improve the lives of those around him. He trained future generations of doctors, many of whom came from Mainland China to study under Dr. Ho through a fellowship that he personally funded. He brought cutting-edge medical techniques to Hong Kong and China. He led sight-saving missions in China. 

Then he eventually decided to leave his lucrative medical practice and serve in government, and he made extraordinary contributions to Hong Kong through public service. He served on the preparatory committee helping to transition Hong Kong from British to Chinese rule. As Secretary for Home Affairs, he helped manage Hong Kong’s response to SARS and he promoted religious tolerance and diversity. 

And as to Dr. Ho’s work with the NGO, it was obviously a part of his responsibilities to advance the interests of the energy company, and he did that. That, of course, is what brought him before you, and you’re familiar with that part of his story. But even considering that the conduct at issue here was spread out over time, when looked at in the context of Dr. Ho’s full life, [the] short pattern of behavior at issue is unrepresentative of the whole. 

And so it’s important to consider a full picture of what [Dr. Ho] did at the NGO. He worked tirelessly to promote energy development, to strengthen ties between China and other countries. It is also important to consider why he did those things. He saw it as another chapter, consistent with his work beforehand. And to put it simply, over the course of his life, Dr. Ho has thrown himself into service through his medical career, his work with the government, his work with charitable organizations, his work at the NGO[.] [A]nd in the process he has improved the lives literally of thousands or tens of thousands of people. 

I want to pause and emphasize one other thing, your Honor. Sometimes people of prominence, they limit themselves to grand public gestures towards service[.] [B]ut that is not Dr. Ho’s story. His life has also been filled with small, private acts of kindness: Giving his possessions to make sure that a young girl at his clinic in rural China could get medical treatment; anonymously giving money to the elderly man who himself spent everything caring for his sick wife; providing free treatment to poor patients who came to his private medical practice; to the elderly woman whose money Dr. Ho would not accept because he knew she couldn’t afford to pay; to the blind monk whose sight he literally restored. Now, there should be no doubt were it not for this trial, these acts never would have been made public. They are not acts that were done for reward anywhere on this earth, and certainly not for reward here at a criminal sentencing in Manhattan. 

The letters we submitted also tell the story of Dr. Ho’s kindness to people, both prominent and not. His driver of many years talks about Dr. Ho never acting superior, giving unconditionally. His fellow inmates at the MCC, including Christian Perez, write[] about how whether they be Spanish, black, white, even gang members, Dr. Ho treats everyone the same. The most helpful person you could ever meet. 

Adam Raishani writes that he has changed hearts and minds for the better at the MCC. 

This is a man who is, and always has been, compelled to serve by an internal sense of duty.

And based on everything Dr. Ho did in his life before this case -- and I think any objective person would agree, he has lived an exceptional life. 

Now, this is an unusual white-collar criminal case for many reasons, but for starters, it’s unusual for someone of Dr. Ho’s prominence to have been detained before trial. [I]t’s the rare case where the Court gets to see what happens when a white-collar defendant is incarcerated and how he responds. And that sets this case apart -- how Dr. Ho responded, how he reacted to this adversity. And that shines a light on his true character. 

What did he do when he found himself sitting in a jail cell? At that moment, Dr. Ho could have retreated into a shell, he could have given himself over to despair, and no one would have begrudged him that. That is not what he did. Instead, he worked to improve the MCC community. He gave lectures to the staff and inmates about globalization in business. He played the violin at graduation and Christmas celebrations. He spent countless hours on suicide watch looking out for other inmates who have given over to despair. 

He tutored. Five inmates have received or will soon receive their GEDs thanks in large part to Dr. Ho’s mentoring. But he has also given in quieter ways, ways that cannot be anything other than genuine reflections of kindness. Now, of course your Honor has sentenced defendants before who have tried to perform good works right before sentencing in order to gain leniency, but the sincere letters written by Dr. Ho’s fellow inmates tell a very different story. This is genuine kindness and decency. No one else was watching when Dr. Ho reached down into the toilet, plucked another inmate’s glasses out and washed them without so much as a word so as not to embarrass him. 

No one else was watching when Dr. Ho quietly counseled other inmates on how to endure their time in jail; when he encouraged them to see the best parts of themselves; when he told Jonathan Weeks that he saw something different in him, that he saw that Jonathan was bright and had a wonderful heart. 

I reread many of the letters this weekend, your Honor, and there are common themes spread across Dr. Ho’s life. He is repeatedly described as gentle, kind, thoughtful, compassionate, generous, humble. It’s moving to hear about how he counsels his fellow inmates on how to face adversity. One inmate, Irfan Amanat, wrote about how Dr. Ho didn’t even ask him to write this letter, that he was asked by another inmate; how Dr. Ho never asked for anything in return for his help but instead encouraged a return gesture be given to others, and in small but telling ways demonstrated his humility. How Dr. Ho insisted on playing the violin as an accompaniment rather than as lead, despite his obvious musical talent. How he united guitarists, a pianist, a vocalist from different backgrounds, and led other inmates to tears. One inmate wrote that he has done nothing but to spread goodness and peace and calmness in the MCC. 

And some of the most powerful words I read came from Jonathan Weeks, who I know your Honor knows. And he wrote, “I wish I had a father like Dr. Ho.” 

These are the byproducts of genuine character and kindness. And I should add this. No one told Dr. Ho to do these things. I wish we could claim some credit for advising him to do what he did. We did not. And, in fact, we learned about many of them for the first time while preparing for this sentencing. It is consistent with how he has lived his life and constantly looking for ways to benefit those around him, and it’s consistent with how he will live his life after he is released. 

Now, the many letters of support that people have sent illustrate all of this better than we ever could. Your Honor has seen many more sentencings than I have, but I think it’s safe to say that the kinds of letters that were submitted here were exceptional. And I’m not just talking about the sheer volume. I’m talking about the breadth of those letters, people from every chapter of Dr. Ho’s life -- his family, friends, students, medical colleagues, patients, people from his time in public service, others from his time at the NGO, and, of course, letters from his fellow inmates at the MCC. The content of those letters is remarkable. There is consistency there. They speak of a man who has devoted himself to helping others, who has carried himself with humility. 

Judge, I spent a decade working as a prosecutor. I spent literally hundreds of hours in my life with people charged with federal crimes. I have met plenty of defendants who I have respected and liked, and that is not new to me. But I have no reservation in telling you that Dr. Ho’s character truly is exceptional. That is why I am proud to stand up for Patrick Ho. 

And I know I speak for everyone at this table when I say that Patrick is a kind man. He is fundamentally good and decent and honest. I can attest to how kind and thoughtful he has been to us. Even during the darkest and most stressful times for him, he has been solicitous of the most junior members of our team, concerned about how they are feeling during trial. Unfailingly gracious and grateful to us. Even after the jury’s verdict was announced, he went out of his way to thank each and every member of the team. 

We spent countless hours together at the MCC sometimes just sitting quietly, sometimes talking about this case, politics, life, and the man I’ve come to know over the last year and a half is a man who has devoted himself, devoted his life[,] to bettering the lives of people around him, a man who has really done an extraordinary amount of good in this world based on his sheer kindness.

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