Justice for Trafficking Victims: Criminal Restitution and Civil Litigation

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1 Justice for Trafficking Victims: Criminal Restitution and Civil Litigation South Bay Coalition to End Human Trafficking September 18, 2015 THE HUMAN TRAFFICKING PRO BONO LEGAL CENTER Martina E. Vandenberg

2 U.S. Government Prosecutions Total Federal Trafficking Cases Prosecuted 2012: 128 Cases 2013: 161 Cases 2014: 208 Cases Source: The Department of State Trafficking in Persons Reports June 2013, June 2014, July 2015 U.S. Chapter Reports

3 U.S. v. Akouavi Kpade Afolabi Case No. 2:07-cr (D. N.J.) More than 20 girls from West Africa forced to work in hair braiding salons in Newark and East Orange, New Jersey; Girls ranged in age from 10 to 19; The girls were forced to turn over all of their earnings and tips to the traffickers; Afolabi sentenced to 27 years in prison and ordered to pay victims over $3.9 million in missed wages.

4 When the U.S. Government brings a trafficking prosecution under the TVPRA, Criminal Restitution is mandatory under 18 U.S.C. 1593

5 MANDATORY RESTITUTION Definition of full amount of the victim s losses under TVPRA, 18 U.S.C the term full amount of the victim s losses shall in addition include the greater of the gross income or value to the defendant of the victim s services or labor or the value of the victim s labor as guaranteed under the minimum wage and overtime guarantees of the Fair Labor Standards Act.

6 Definition of full amount of the victim s losses under TVPRA, 18 U.S.C. 1593: Definition. For purposes of this subsection, the term full amount of the victim s losses includes any costs incurred by the victim for (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorneys fees, as well as other costs incurred; and (F) any other losses suffered by the victim as a proximate result of the offense.

7 U.S. v. Kizzy Kalu Case No. 1:12-cr (D. Colo.) Trafficked nurses into the United States using a fake university to obtain H- 1B visas; Demanded that nurses pay $800 - $1200 per month or face deportation; Threatened nurses with a $25,000 fine for absconding; Sentenced to 10 years and 8 months in prison; Ordered to pay $3.7 million in restitution.

8 Mandatory Restitution Orders? An analysis of all federal trafficking cases in which the defendant pled or was found guilty between 2009 and 2012, the court ordered restitution just 36% of the time. The Human Trafficking Pro Bono Legal Center 2015

9 California Federal Criminal Statistics Indictments Filed Between January 1, 2009 and August 15, Trafficking Cases Indicted Under Chapter 77 of Title 18 (TVPA) 72 Sex Trafficking Indictments 3 Labor Trafficking Indictments Restitution Ordered in Just 8 Cases 12 Cases Ongoing

10 Trafficking victims have a private right of action to sue their traffickers for damages in U.S. federal courts.

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12 Federal jury in SPLC case awards $14 million to Indian guest workers victimized in labor trafficking scheme by Signal International and its agents.

13 Private Right of Action:18 U.S.C (a) An individual who is a victim of a violation of this chapter may bring a civil action against the perpetrator (or whoever knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter) in an appropriate district court of the United States and may recover damages and reasonable attorneys fees. (b) (1) Any civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim. (2) In this subsection, a criminal action includes investigation and prosecution and is pending until final adjudication in the trial court. (c) No action may be maintained under this section unless it is commenced not later than 10 years after the cause of action arose. ***Original statute passed in 2003, as amended by ****New amendments extend SOL for child victims to 10 years after 18 th birthday.

14 149 federal civil cases have been filed under 18 U.S.C since the 2003 TVPRA amendments.

15 T-Visa Issuance: FY 2009: 313 T-visas FY 2010: 447 T-visas FY 2011: 557 T-visas FY 2012: 674 T-visas FY 2013: 848 T-visas FY 2014: 613 T-visas Continued Presence (CP) FY 2009: 299 CP approvals FY 2010: 186 CP approvals FY 2011: 283 CP approvals FY 2012: 199 CP approvals FY 2013: 171 CP approvals FY 2014: 130 CP approvals

16 Trafficking Civil Cases Sex Trafficking (10 cases) 7% Forced Labor (139 cases) 93% Source: The Human Trafficking Pro Bono Legal Center

17 13 Federal Civil Trafficking Cases Filed in California All are forced labor cases

18 Martina E. Vandenberg President The Human Trafficking Pro Bono Legal Center Tel: