THE NATIONAL JUDICIAL COLLEGE

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1 THE NATIONAL JUDICIAL COLLEGE E DUCATION I NNOVATION A DVANCING J USTICE HUMAN TRAFFICKING FOR NORTH DAKOTA JUDGES Professor Terry Coonan OBJECTIVES: After this session you will be able to: 1. Describe the international scope of human trafficking; 2. Define the scope of the crime in the United States; 3. Identify types of human trafficking encountered in North Dakota; 4. Define human trafficking under federal law; 5. Describe how federal anti-trafficking law has been applied in prosecutions; and 6. Identify North Dakota statutes that address human trafficking. REQUIRED READING: PAGE William J. Brunson and Terry Coonan, Human Trafficking for North Dakota Judges (Nov. 2012) [NJC PowerPoint]...1 BJA: HUMAN TRAFFICKING FOR NORTH DAKOTA JUDGES WB/KZ BISMARCK, NORTH DAKOTA

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3 Human Trafficking for North Dakota Judges The National Judicial College Professor Terry Coonan Module 1 Human Trafficking Introduction Learning Objectives After this session, you will be able to: Describe the international scope of human trafficking Define the scope of the crime in the United States Identify types of human trafficking encountered in North Dakota 1

4 A Global Phenomenon Pronounced international trends since late 1980s contributed to the rapid growth of trafficking: Increased ability by people to cross borders Increased poverty worldwide Result: Desperately poor people immigrate to seek work A Human Rights Crisis Estimated 500,000 to 2 million people trafficked worldwide annually Approximately 27 million people held in slavery worldwide Estimated 70% of victims are female Origin & Destination Countries The U.S. is one of the most popular destinations for human trafficking. 2

5 A Lucrative Business Yields an estimated $32 billion in profits each year world wide An estimated $9 $12 billion earned in the United States Organized Crime After drug trafficking, human trafficking is the most lucrative business for organized crime Fast becoming part of a diversified portfolio for criminal syndicates around the world Human Trafficking v. Smuggling Human Trafficking Consent absent or nullified Exploitation of victim benefiting trafficker Movement of victim not necessary Smuggling Consent usually present Breach of nation s borders Movement is transnational 3

6 Types of Human Trafficking Domestic servitude Agriculture Manufacturing Janitorial services Primarily Labor Hotel services Construction Health and elder care Nail salons Strip club dancing Human Trafficking Locations Bars Farm worker camps Sweatshops Restaurants Suburban homes Golf Resorts Karaoke bars Strip clubs Hotels Massage parlors Nightclubs Saunas / Spas Modeling studios Escort services Brothels* U.S. Trafficking Trends TIP Report The U.S. is a source, transit, and destination country for trafficking More sex trafficking than labor trafficking investigations But far more labor trafficking victims 4

7 U.S. Trafficking Trends TIP Report The majority of foreign victims are from Thailand, India, Mexico, Philippines, Haiti, Honduras, El Salvador, and the Dominican Republic A Growing Problem Here at Home Between 14,500 and 17,500 men, women, & children are trafficked into U.S. each year. 100,000+ U.S. children at risk of sex trafficking, according to the National Center for Missing and Exploited Children is the average age of entry into pornography and prostitution in the U.S., according to U.S. Department of Justice U.S. Trafficking Cases Over 500 cases have been prosecuted nationwide in the past decade -- the vast majority in federal courts Trafficking has been reported in every state, including North Dakota 5

8 U.S. Sex Trafficking Trends Sex trafficking of both immigrants and U.S. citizens remains prevalent throughout the United States Where there is a tolerance for prostitution or sexually oriented businesses, sex trafficking often follows Prostitution 20 Yrs Ago: Streetwalking 10 Yrs Ago: Throwaway Newspapers 6

9 2012: Internet s Virtual Streetcorner Current U.S. Sex Trafficking Trends Migrant Brothels The Subculture of Pimping Domestic Minor Sex Trafficking Massage Parlors Migrant Brothels 7

10 The Work Station Tools of the Trade Crime Scene Indicators 8

11 Migrant Brothels Migrant Brothels Migrant Brothels 9

12 Victim Possessions Sex Trafficking of U.S. Citizens The U.S. continues to witness numerous cases of sex trafficking exploiting immigrants But the largest number of sex trafficking victims are U.S. citizens The Sub-Culture of Pimping & Prostitution 10

13 Glorification of the Pimp Lifestyle Pretty Woman phenomenon: a romanticized view of brutality of prostitution Pimps n Hoes culture: Pimp s lifestyle celebrated in films and music Annual Players Balls Books: The Ten Pimp Commandments Tattoo Branding by Pimps Tatoo Branding by Pimps 11

14 Sporting Events & Sex Trafficking 2001 Pipkins Case (Atlanta) 2001 Pipkins Case In November 2001 police arrest Sir Charles Pipkins and 14 other Atlanta pimps Pipkins operated in southwest Atlanta in area around Metropolitan Avenue known as the track... Exploited girls as young as 12 12

15 2001 Pipkins Case Pipkins worked in association with the 14 other Atlanta pimps in this area (recruiting, disciplining, trading girls) All 15 pimps charged under RICO statutes with conspiracy to prostitute juvenile females and other offenses 2001 Pipkins Case Pipkins claims no interstate commerce nexus (Mann Act defense) Is convicted instead under TVPA & RICO Given 30 year sentence (1 st criminal prosecution utilizing the TVPA) Child Sex Trafficking Domestic Minor Sex Trafficking 13

16 Domestic Minor Sex Trafficking DMST U.S. citizen child victims of trafficking are often exploited for commercial sex, including prostitution, pornography, and sexually explicit performances Children Are Easy Prey Increasingly children are targeted for both forced labor and commercial sexual exploitation The highest risk group are children living outside the home (teenage runaways, unaccompanied alien minors) and children outside traditional family structures (i.e., those in foster care) Largest Number of Sex Trafficking Victims in the U.S. Many resort to survival sex 90% of female minor runaways come in contact with a pimp within 48 hours of leaving home Are recruited at bus stations, malls, juvenile court, and entertainment parks 14

17 Runaway and Throwaway Children America s Newest Homeless Class DMST The Reality: Before and After DMST Who Are Domestic Minor Sex Traffickers? They can be a pimp, a boyfriend, father, mother, uncle, a coach, a teacher, or peer Anyone who benefits from the commercial sexual exploitation of a minor 15

18 Myths & Stereotypes about DMST Victims They choose to be there They have no morals They do not want out They are drug addicts They benefit from the money they make Facts about DMST Victims 70-90% have a history of prior sexual abuse The exploited minors are not prostitutes; they are prostituted. They are victims Children are typically groomed into sexual exploitation How Children Enter The Life Parents selling children False advertising of modeling, acting, or dancing Peer recruitment Internet enticement through chat rooms Kidnapping ( guerrilla pimping ) 16

19 Massage Parlors & Sex Trafficking Massage establishments throughout the US have been a venue for prostitution and sex trafficking Asian sex trafficking victims may owe smuggling debts of $40, $100,000 to snakeheads Asian Massage Parlors ( AMPs ) 2012 Campbell Case (Chicago) 17

20 Campbell Case Chicago native Alex Campbell convicted on January 30, 2012 on sex trafficking and labor trafficking charges Had operated four massage parlors in Mount Prospect area of suburban Chicago Campbell Case Campbell had lured women from Belarus and the Ukraine with romance and promises of work Upon their arrival, they were tattooed, beaten, forced to give up their travel documents, and required to work 12+ hours daily in massage parlors Campbell Case Case began when one victim went to local police after being beaten Victims told it would cost them $25,000 to leave the Family One victim threatened her family in Belarus would be sent a sex tape 18

21 One of the Clients Defense Attorney Douglas Rathe Identified in court by Ukrainian victim Explained he had only received massages U.S. Labor Trafficking Trends Typically encountered in jobs that required low-skilled or unskilled labor: Agriculture Hotel/Resorts Restaurant work Forced Agricultural Labor 19

22 Evans Case (Florida) Labor Trafficking in U.S. Hotels San Destin Hilton Case (Florida) The victims: Eastern European college students admitted on student visas Arrived with plane tickets that would cost $2000+ to change 20

23 Labor Trafficking in Resorts Boca Raton Golf Resort Case Husband & wife Filipino subcontractors lure Filipino cruise ship employees to Boca Raton promising high paying land jobs 40+ Filipinos are held in a gated neighborhood and contracted out to the Boca Woods Country Club And It s Here in North Dakota 21

24 Potential Venues for Human Trafficking in North Dakota Indian reservations Oil boom towns Internet-based escort services Truck stop prostitution Hotels / restaurants / farms Sex Trafficking in North Dakota Oil camp prostitution Internet-based prostitution Truck stop prostitution Teenage Runaways Oil Camp Prostitution 22

25 Minot Backpage Ad NEW IN WILLISTON *** I Look Great But Feel Even Better!!! - 19 I'm the girl from your wildest dreams. My hot body and tantalizing skills will leave you breathless and begging for more. XOXO Victoria Victoria Truck stops an increasing venue for minor sex trafficking Girls referred to as lot lizards Truck Stops 23

26 Sex Trafficking & Reservations Indigenous populations worldwide at much greater risk of sex trafficking Prior victims of sexual abuse often groomed into forced commercial sex Home environments with substance abuse & domestic violence create additional risks Fort Berthold Reservation Case Fort Berthold Reservation Case 24

27 Fort Berthold Reservation Case Dustin Morsette charged with sex trafficking, drug trafficking, & witness tampering Recruited minors and women from Fort Berthold reservation & trafficked them for commercial sex in Williston and Minot Fort Berthold Reservation Case Fort Berthold Reservation Case Morsette used Black Disciples gang to create climate of fear on the reservation Sexually abused women & girls & required them to sell drugs Given 45 year federal sentence in August

28 Grand Forks Case (Ongoing) Joshua Harry Amanda Stewart Grand Forks Case (Ongoing) Stewart (age 22 and daughter of former police chief) allegedly recruited 17 year old for prostitution in Grand Forks One of the alleged johns a retired high school counselor In Nearby South Dakota... Sex trafficker Brandon Thompson given life sentence in 2011 for operating Internet sex trafficking ring of minors from his home in Tea 3 open sex trafficking cases in SD federal court of men accused of pimping minors over the Internet 26

29 Labor Trafficking in North Dakota Potential Labor Trafficking Venues: Motels Restaurants Farms Low-paying, non-skilled labor sites Potential Labor Trafficking Venues in North Dakota In Neighboring South Dakota... Hotel owners John & Angelita Farrell convicted in 2008 of labor trafficking Forced four Filipino victims to perform cleaning and front desk duties and confiscated their documents Required them to work 18 hour days and second jobs in fast food restaurants 27

30 The Crime Scene Oacoma, SD Potential Labor Trafficking Venues in North Dakota Potential Labor Trafficking Venues in North Dakota 28

31 Module 2 Federal Anti-trafficking Law Trafficking Victims Protection Act (TVPA) Learning Objectives After this session, you will be able to: Define human trafficking under federal law Describe how federal anti-trafficking law has been applied in prosecutions 29

32 Trafficking Victims Protection Act (TVPA) Goals Prevent HT overseas and within US Protect & help victims to rebuild their lives Prosecute traffickers with enhanced federal penalties 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 prosecutions. Sex Trafficking Defined The TVPA defines severe forms of Trafficking as: a. sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; 30

33 Labor Trafficking Defined b. the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. No Movement Required There is no requirement of any kind of movement (transnational, interstate, or otherwise) for an offense to be considered trafficking Trafficking = compelled labor or commercial sex No Physical Force Required Physical force is no longer required to prove that someone has been enslaved Showing of fraud or psychological coercion also suffices 31

34 Human Trafficking Quiz True or False. The fact that a person consented to be smuggled into the U.S. illegally precludes him or her from becoming a trafficking victim. TVPA Force and Fraud Force: physical violence that may take the form of beatings, rape, shootings, starvation, or physical confinement Fraud: can include false or deceptive offers of employment, marriage, or a better life Coercion under TVPA Threats of serious harm or physical restraint against any person; or Causing a person to believe that failure to perform act would result in serious harm or physical restraint against any person; or The abuse or threatened abuse of the legal process (e.g., threat of deportation) 32

35 Debt Bondage under TVPA Status or condition of a debtor arising from the debtor s pledge of personal services as a security for debt if the value of those services (as reasonably assessed) is not applied toward the debt s liquidation or if length & nature of services are not limited & defined Document Servitude Holding an actual or purported identity document of a victim in the course of committing any trafficking crime Document Servitude Documents held by the trafficker need not be genuine, and even holding a victim s fraudulent passport is punishable 33

36 Federal Crimes and Penalties Forced Labor Trafficking into Servitude Sex Trafficking Involuntary Servitude Peonage (Debt Bondage) Document Servitude Up to 20 years Up to 20 years Up to life Up to 20 years Up to 20 years Up to 5 years Conspiracy Against Rights Up to life if kidnapping, sexual abuse or death Minor Sex Trafficking When a minor is trafficked for a commercial sex act, there is no legal requirement under federal law to prove force, fraud, or coercion Federal law uses legal paradigm of statutory rape in addressing prostitution by minors TVPRA 2008 Updates Adds penalties for benefitting financially Expands the sex trafficking mens rea (reckless disregard as well as actual knowledge now punishable) Expands crime of minor sex trafficking (No need now to prove defendant knew victim was a minor) 34

37 T Visas Valid for four years Allows for work authorization and adjustment of status to permanent residence Allows applicant to also immigrate spouse and minor children T Visa Requirements Victim of a severe form of trafficking Physically present in U.S. b/c of trafficking Complied with reasonable requests to assist law enforcement (not required for minors) Will face extreme and unusual hardship if removed Module 3 North Dakota Human Trafficking Statutes 35

38 Learning Objective After this session, you will be able to identify North Dakota statutes that address human trafficking North Dakota Trafficking Statutes Human Trafficking Penalties Human Trafficking Definitions North Dakota Trafficking Penalties Anyone who benefits or receives anything of value from knowing participation in human trafficking is liable Like federal law, criminalizes full spectrum of trafficking activities (recruiting, harboring, transporting, providing, obtaining, etc.) 36

39 North Dakota Trafficking Penalties Class A felony when victim an adult (punishable by imprisonment up to 20 years) Class AA felony if victim less than 18 (carrying a maximum penalty of life imprisonment) North Dakota Trafficking Penalties When victim under 18, no affirmative defense for claim that actor did not know child s age In addition to criminal sentences & fines, offender shall also be ordered by court to pay restitution North Dakota Trafficking Definitions Human trafficking entails both sex trafficking & labor trafficking No force, fraud or coercion required when sex trafficking victim under makes use of minors in sexual performances a Class B felony 37

40 Gaps in North Dakota Trafficking Laws No asset forfeiture No required law enforcement training No Safe Harbor law for minors No vacating convictions of DMST victims 38