THE NATIONAL JUDICIAL COLLEGE

Transcription

1 THE NATIONAL JUDICIAL COLLEGE E DUCATION I NNOVATION A DVANCING J USTICE SPONSORED BY THE STATE JUSTICE INSTITUTE HUMAN TRAFFICKING: WHAT IDAHO JUDGES NEED TO KNOW Professor Terry Coonan OBJECTIVES: As part of a collaboration with the Center for Public Policy Studies and the Center for Court Innovation, this program is presented by The National Judicial College and sponsored by the State Justice Institute. After this session, you will be able to: 1. Describe how the Trafficking Victim Protection Act of 2000 and Idaho law have changed previous definitions of slavery; 2. Define how force, fraud, and coercion are employed against victims in modern labor trafficking cases; 3. Identify how labor trafficking is typically manifested in the U.S. economy and in Idaho; and 4. Summarize how federal and Idaho law address the issue of labor trafficking. REQUIRED READING: Terry Coonan and William Brunson, Human Trafficking: What Idaho Judges Need to Know (Sept. 214) [NJC PowerPoint]...1 S&I: HUMAN TRAFFICKING: WHAT IDAHO JUDGES NEED TO KNOW WB/CAT SEPTEMBER 22, 2014 BOISE, ID

2

3 Program Sponsor This program, as part of a collaboration with the Center for Public Policy Studies and the Center for Court Innovation, is presented by The National Judicial College and sponsored by the State Justice Institute. Human Trafficking: What Idaho Judges Need to Know Presented By: Professor Terry Coonan Florida State University What Is Human Trafficking? Forms of modern-day slavery that involve the exploitation of persons for commercial sex or forced labor Often involves crossing an international border but does not require movement Traffickers use force, fraud, or coercion to control their victims 1

4 A Human Rights Crisis Approximately 27 million people held in slavery worldwide Estimated 500,000 to 2 million people trafficked worldwide annually Estimated 15,000 to 18,000 trafficked annually into the United States A Global Phenomenon International trends since late 1980s led to the rapid growth of trafficking: Increased ability by people to cross borders Increased poverty worldwide Result: desperately poor people immigrate to seek work The Natasha Trade Emerges in Eastern Europe 2

5 Trafficking of Asian Migrants by Snakeheads Becomes Lucrative International Business Children Are Routinely Enslaved in West African Cocoa Farms Children are Also Exploited in Conflict Zones Around the World as Child Soldiers 3

6 Women Continue to Make Up 70% of the Victims Worldwide Migrant Farmworkers Are Exploited Routinely A Lucrative Business Yields an estimated $32 billion in profits each year world wide An estimated $9 $12 billion earned in the United States 4

7 Organized Crime After drug trafficking, human trafficking is the most lucrative business for organized crime Unlike drugs, humans can be resold again and again It s Here in the United States FBI Arrest 150 in 3-Day Sex Trafficking Sweep (July 29, 2013) 5

8 It s Here in Idaho Cases reported of: Idaho Cases Sex trafficking of U.S. citizens and minors Labor trafficking of foreign nationals U.S. and Idaho Trafficking Trends and Cases 6

9 U.S. Sex Trafficking Trends 1. Agricultural brothels 2. Massage parlors 3. Internet based prostitution 4. Domestic minor sex trafficking 5. Sex trafficking by gangs 6. Major sporting events (1) Agricultural Brothels (1) Agricultural Brothels Cater to migrant male customers (farmworkers, construction workers, etc.) Bulk prostitution operations Victims often paying off smuggling debts Victims are moved frequently 7

10 The Waiting Room The Work Station Tools of the Trade 8

11 Cash Intensive Operations Victim Belongings (2) Massage Parlors 9

12 (2) Massage Parlors (2) Massage Parlors Typically involve women from China, Korea, Thailand, Viet Nam, Japan Often arrive on B-2 tourist visas Typically owe immigration debts of $30,000 to $100,000 Highly mobile business Korean taxi service 2012 Campbell Case (Chicago) 10

13 Campbell Case (Chicago) Chicago native Alex Campbell convicted on January 30, 2012 on sex trafficking and labor trafficking charges Had operated four massage parlors in the suburbs of Chicago Businessman Alex Campbell The Branding of His Victims 11

14 Campbell Case Case began when one victim went to local police after being beaten Victims had been told it would cost them $25,000 to leave The Family One victim threatened that her family in Belarus would be sent a sex tape Campbell Case Campbell given life sentence in 2013 Judge cites the brutality of the exploitation and lifelong scars victims will bear Defense Attorney Douglas Rathe Identified in court by Ukrainian victim Insisted he had only received massages One of the Clients 12

15 (3) Internet-based Prostitution Prostitution 20 Years Ago: Streetwalking Prostitution 10 Years Ago: Throwaway Newspapers 13

16 2014: Internet s Virtual Streetcorner 2014: Internet s Virtual Streetcorner Prostitution and sex trafficking have proliferated through websites Backpage allows 3 rd party users to post ads for $5-$10... Makes over $22 million annually 70% of Backpage profits from adult services ads 2014: Internet s Virtual Streetcorner 14

17 2014 Ford Sex Trafficking Case 34 year old Taquarius Ford 2014 Ford Sex Trafficking Case Pimp Taquarius Ford held without bail in Portland, Oregon on sex trafficking charges Had approached 18- year-old girl in Boise, Idaho mall and convinced her he was with a modeling agency Flew her to Los Angeles where he took her to expensive restaurants and a party at the Playboy Mansion 2014 Ford Sex Trafficking Case 15

18 2014 Ford Sex Trafficking Case Then informed young woman she must prostitute for him before being given a modeling job When she refused, he allegedly raped her and threatened to kill her family in Boise Then took her to Portland where he reportedly exploited her in internet-based prostitution for several months 2014 Ford Sex Trafficking Case Criminal investigation of Ford s computer leads to discovery of a memoir he was authoring on his exploits as a pimp Book notes that small towns are great places for finding new girls Book further celebrates Ford s Hollywood friendships 2014 Ford Sex Trafficking Case 16

19 2014 Ford Sex Trafficking Case Ford had even launched his own website 2014 Ford Sex Trafficking Case Ford charged with sex trafficking of multiple young women from Idaho, California, Oregon, Arizona, & Georgia Denied bond after memoir entered into evidence (4) Domestic Minor Sex Trafficking 17

20 Domestic Minor Sex Trafficking Average U.S. age of entry into prostitution is now 13 years old Children are being groomed into prostitution Runaway and Throwaway Children: America s Newest Homeless Class Largest Number of Sex Trafficking Victims in the U.S. An estimated 100,000+ victims annually Many resort to survival sex 90% of female minor runaways come in contact with a pimp within 48 hours of leaving home 18

21 Domestic Recruiting Locations Schools Juvenile courts Malls Bus stations Group homes Online Glorification of the Pimp Lifestyle DMST Victims The Reality 19

22 DMST Victims Before and After Tattoo Branding by Pimps Tattoo Branding by Pimps 20

23 (5) Sex Trafficking & Gangs Sex Trafficking & Gangs Street gangs increasingly involved in sex trafficking of U.S. citizen girls & women Diversified portfolio beyond traditional gang drug trafficking Sex Trafficking & Gangs Emerging Trends (1) Girls being sexed in to the gang 21

24 Sex Trafficking & Gangs Emerging Trends (2) Interstate trafficking of girls & women by gangs (Route 90) Sex Trafficking & Gangs Street gangs increasing in Idaho Idaho Gangs Idaho: Severely Violent Criminals From Chicago: Black Gangster Disciples From California: Bloods Crips Nortenos Surenos Public Enemy No. 1 22

25 Gangs & Interstate Sex Trafficking The Idaho Connection (6) Sporting Events and Sex Trafficking (5) Sporting Events and Sex Trafficking Two Mississippi boys ages 10 and 11 taken by family friend to 2013 New Orleans Super Bowl and sold to three men for repeated sex acts 16 minors (as young as 13) rescued after FBI sting operation at the 2014 NYC Super Bowl 45 pimps arrested as a result of NYC sting 23

26 U.S. Labor Trafficking Cases U.S. Venues for Labor Trafficking Private Homes Farm worker camps Sweatshops Industry Nail salons Strip clubs Hotels/Resorts Restaurants U.S. Labor Trafficking Cases The largest number of trafficking cases nationwide The largest number of victims Often occur in plain sight Often involve legitimate U.S. businesses 24

27 Forced Agricultural Labor Evans Case (Florida) Homeless men and women recruited from public shelters for exploitation on potato and cabbage farms in North Florida Evans Case (Florida) Were held on isolated farms and plied daily with crack cocaine... Drug costs became the source of debt servitude 25

28 Evans Case (Florida) Investigation begins when EPA detects high level of human feces in St. John River Trafficker Johnny Evans Labor Trafficking in U.S. Hotels 26

29 San Destin Hilton Case (Florida) The Victims: Eastern European college students admitted on J-1 student visas Arrived with plane tickets that would cost $2000+ to change San Destin Hilton Case The Traffickers Eastern European Organized Crime Groups: Eurohouse (2 companies) Southern Amenity et al Sigor, Inc. ISS Inc., et al High Quality Services MVA Right Services EBS DarPol & AmPol Maint Florida Panhandle Locations 27

30 Southeast Locations Ongoing Idaho Labor Trafficking Case Pure Forest EEOC Lawsuit Oakley Idaho forestry company sued on human trafficking charges (April 2014) Ongoing Idaho Labor Trafficking Case Pure Forest EEOC Lawsuit Suit filed in California District Court Alleges that Mexican workers brought in on H-2B visas had been brutally labor trafficked in remote parts of Sierra Nevada Mountains in northern California 28

31 Ongoing Idaho Labor Trafficking Case Pure Forest EEOC Lawsuit Suit claims that Pure Forest owners Jeff and Owen Wadsworth isolated the workers, confiscated their ID documents, worked them 13 hours a day, 7 days a week, and defrauded them of wages Ongoing Idaho Labor Trafficking Case Pure Forest EEOC Lawsuit Suit includes allegations that Pure Forest supervisors were always armed and threatened to kill workers if they refused to work or tried to escape Suit further alleges that the Wadsworths threatened harm to the workers families in Mexico Suit on hold for criminal investigation Trafficking Victims Protection Act (TVPA) 29

32 Trafficking Victims Protection Act (TVPA) TVPA enacted in 2000 in order to: Prevent HT overseas and within US Protect & help victims to rebuild their lives Prosecute traffickers with enhanced criminal penalties TVPA Background Meant to counter emerging trends in human trafficking nationwide Meant to legislatively respond to 1988 Kozminski Supreme Court decision (holding that slavery cases required showing of force or threat of force). TVPA = Victim-Centered Law Trafficking victims, even if in U.S. illegally, viewed as crime victims Programs created to assist victims including immigration remedies Benefits afforded refugees given to HT victims willing to assist in prosecution 30

33 Human Trafficking Defined In U.S. law, human trafficking is now defined as criminal acts of involuntary labor or commercial sexual exploitation that are induced through force, fraud, or coercion Similar to the definition under international law (U.N. Protocol) Physical Force Not Required Physical force is no longer required Showing of fraud or psychological coercion now suffices Prosecutors now have new tools to prove up slavery in U.S. courts TVPA Force Force: physical violence that may take the form of beatings, rape, shootings, starvation, or physical confinement 31

34 TVPA Fraud Fraud: can include false or deceptive offers of employment, marriage, or a better life TVPA Coercion ( Invisible Chains ) Threats of serious harm against the victim Threats against the victim s family Threats of deportation TVPA Victim Protections Provide victims with medical care, witness protection, housing assistance, & social services Obtain restitution for financial losses Sue traffickers for punitive damages 32

35 New Immigration Remedy T visa created by Congress to give trafficking victims temporary legal status Victims must be willing to participate in law enforcement investigation The Collaborative Approach The anti-trafficking movement in the United States is made up of a unique partnership: 1. Law Enforcement & prosecutors 2. Non-governmental service providers DOJ-Funded HT Task Forces 33

36 State Anti-Trafficking Statutes State Anti-trafficking Statutes The past decade has witnessed the enactment of state anti-trafficking laws throughout the country In spring 2013 Wyoming became the 50 th state to enact human trafficking laws Polaris Project Ratings

37 Idaho Statute Legislative Intent Intent of the Legislature is to address the growing problem of human trafficking It may be appropriate for members of the law enforcement community to receive training.... Idaho Statute Human Trafficking Defined 1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion Or in which the person so induced is under the age of 18 or Idaho Statute Human Trafficking Defined 2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion... for involuntary servitude, peonage, debt bondage, or slavery 35

38 Idaho Statute Human Trafficking Penalties Imprisonment of not more than 25 years For human trafficking offenses committed on or after July 1, 2006 Idaho Statute Restitution Rehabilitation Courts shall order restitution: (1a) The gross income or value to the defendant of HT labor; or (1b) The value measured per the minimum & overtime provisions of the Fair Labor Standards Act (2) And all costs of mental / physical rehabilitation due the victim Idaho Statute Interstate Trafficking in Prostitution Anyone who imports a person into the state or exports a person from the state for the purpose of prostitution... shall be guilty of a felony punishable by 2-20 years and a fine of $1,000 to $50,000 36

39 Idaho Statute Procurement Anyone who induces, compels, entices, or procures another to engage in prostitution... shall be guilty of a felony punishable by 2-20 years and a fine of $1,000 to $50,000 Idaho Statute Inducing a Minor into Prostitution Anyone who induces or attempts to induce someone under 18 to engage in prostitution... shall be guilty of a felony punishable by 2 years to life and/or a fine of up to $50,000 Idaho Statute Criminal Gang Enforcement Act Patterns of criminal gang activity (committed on separate occasions by two or more gang members) now include human trafficking as a predicate offense 37

40 Idaho Statute Asset Forfeiture Anyone found guilty of section (Procurement) or (Inducing Person Under 18 into Prostitution) shall forfeit: (a) Proceeds derived from offense (b) Property used in the offense Gaps Remaining in Idaho Law Safe Harbor Provisions Required LE Training Civil Remedies & Punitive Damages for Victims Vacating Convictions of Victims National Hotline Number /7 hotline service that alerts local law enforcement and service providers about potential cases 38

41 Questions? Thank You! Professor Terry Coonan Resource for Judges and Courts Information Cards Fact Sheets Educational Materials HT Guide 39