Federal Human Trafficking Statutes

Transcription

1 Federal Human Trafficking Statutes Alessandra P. Serano Assistant United States Attorney Project Safe Childhood Coordinator Southern District of California

2 What is Human Trafficking?

3 TRAFFICKING VICTIM S PROTECTION ACT OF 2000 (TVPA) Sex trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act in which a commercial sex act is induced by force, fraud, or coercion, or in which the person forced to perform such an act is under the age of 18 years. Labor trafficking is the recruitment, harboring, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage or slavery. 103(8)

4 Federal Labor Trafficking Laws Forced Labor (18 U.S.C. 1589) Up to 20 years in prison Up to life if death, kidnapping, aggravated sexual abuse or attempt to kill, kidnap or engage in sexual assault Trafficking in Forced Labor (18 U.S.C. 1590) Up to 20 years in prison Up to life if death, kidnapping, aggravated sexual abuse or attempt to kill, kidnap or engage in sexual assault

5 International Trafficking

6 International Trafficking

7 FORCED LABOR STATISTICS** 71% percent of labor trafficking victims entered the United States on lawful visas. 69% percent of labor trafficking victims were unauthorized by the time they escaped. Labor trafficking victims paid an average of $6,150 in recruitment fees for jobs in the United States. **From a research paper Understanding the Organization, Operation, and Victimization Process of Labor Trafficking in the United States authored by Colleen Owens, Meredith Dank, Amy Farrell, Justin Breaux, Isela Banuelos, Rebecca Pfeffer, Ryan Heitsmith, Katie Bright, Jack McDevitt; published in October 21, 2014 ; taken from the Urban Institute (

8 Forced Labor Sweatshops Domestic Situations Construction sites Agricultural Situations Restaurants Custodial Work

9 Perceptions of Sex Trafficking. she wants to do it forced to do it

10 Pervasiveness Of The Problem March 12, 2014 Urban Institute Study Top U.S. Cities for Sex Trafficking Earnings (2007) Atlanta ($290M), Miami ($235M), Seattle ($112M), Washington D.C. ($103M), Dallas ($98.8M), San Diego ($96.6M), Denver ($39.9M Pimps make between $5,000- $32,000/week Commercial sex proceeds surpasses sale of drugs or guns Criminal street gangs are more involved than ever in commercial sexual exploitation

11 Commercial Sex Trafficking An Overview SEX IS THE NEW CRACK Renewable Funding Source Low Risk High Yield Incredibly Lucrative Endless Pool of Potential Victims Intensive Recruiting Hollywood & Music Industry Glorify the Life Established Nationwide and International Circuits

12 Federal Sex Trafficking Laws 18 U.S.C U.S.C U.S.C. 2422(b) 18 U.S.C. 2423(a-e) 18 U.S.C. 1962

13 Federal Sex Trafficking Laws Title 18, United States Code, Section 1591 Sex Trafficking of Children or by Force, Fraud or Coercion (FF&C)

14 Federal Sex Trafficking Laws Title 18, United States Code, Section 1591 Sex Trafficking of Children or by Force, Fraud or Coercion (FF&C) Whoever knowingly recruits, entices, harbors, transports, provides, obtains or maintains a person OR benefits financially or by receiving anything of value.

15 Federal Sex Trafficking Laws Title 18, United States Code, Section 1591 Sex Trafficking of Children or by Force, Fraud or Coercion (FF&C) Whoever knowingly (1) recruits, entices, harbors, transports, provides, obtains or maintains a person OR (2) benefits financially or by receiving anything of value. Knowing, or in reckless disregard that (1) force, threats of force, fraud or coercion (or any combination of such means) will be used OR (2) the person is under 18 years of age And the person will be caused to engage in a commercial sex act

16 Federal Sex Trafficking Laws Title 18, United States Code, Section 1591 Sex Trafficking of Children or by Force, Fraud or Coercion (FF&C) 10 years to life imprisonment if minor is 14 and over but under 18 years 15 years to life if FF&C is used toward anyone (regardless of age) or if minor is under 14 years of age

17 Suspect s Reaction to Federal Penalties

18 Use of Force/Tattoos Pimps name tattooed on girl. Branding is done to show ownership of victim. Injuries. Not usually in a noticeable place.

19 Tattoos= Branding

20 Victim Tattoos - Branding

21 U.S. v. Garcia, 12cr2999-BEN

22 Facebook Evidence

23 Prosecuting the Demand: Going After the Johns, Tricks, and Dates under 1591 Operation Vice Grip I multiple victims identify Vince as repeat customer November 2009 federal search warrant executed in Wildomar, CA Located dozens of videos of sex tapes with minor female victims Indictment in December 2009 Pled Guilty to Sexual Exploitation of Children Sentenced to 180 months custody (09cr4389-MMA)

24 Federal Sex Trafficking Laws Title 18, United States Code, Section 2422(b) Enticement of a Minor Whoever using the mail or facility of interstate commerce (phone, internet, text message) Knowingly persuades, induces, entices or coerces someone under 18 years of age to engage in (1) any sexual activity for which any person can be charged with a criminal offense or (2) prostitution Penalty: 10 years to life Think To Catch a Predator

25 Federal Sex Trafficking Laws Title 18, United States Code, Sections 2423(a-e) Travel to Engage in Illicit Sexual Activity (a) transportation of a minor across state/foreign lines [10 years to life] (b) interstate travel to engage in sex with minor [0-30 years] (c) sex tourism U.S. citizen travel outside the U.S. for sex with minor [up to 30 years] (d) facilitate others to travel for illicit sex [up to 30 years] (e) attempt/conspiracy [same as above]

26 United States v. Tran, 10cr3668-W

27 United States v. Tran, 10cr3668-W

28 United States v. Tran, 10cr3668-W

29 RICO The New Frontier Title 18, U.S. Code, Sections 1962 Racketeer Influenced and Corrupt Organizations Traditionally used to target the Mafia (La Cosa Nostra and La EME) Why we use it:» Able to present full spectrum of criminal behavior» Carries severe penalties - up to 20 years (higher if predicate offense exceeds 20 years)

30 Using RICO to Combat Organized Sex Trafficking The Enterprise Gang OTHER GANG CRIMES Gang PIMPING Gang MATERIAL SUPPORT OTHER CO-CONSPIRATORS

31 National Reach of Local Trafficking SEX TRAFFICKING 46 CITIES ACROSS 23 STATES

32 National Reach of Local Trafficking

33 Forfeitures of Real Property Oceanside Travelodge

34 QUESTIONS?