THE NATIONAL JUDICIAL COLLEGE

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1 THE NATIONAL JUDICIAL COLLEGE E DUCATION I NNOVATION A DVANCING J USTICE SPONSORED BY THE STATE JUSTICE INSTITUTE LABOR TRAFFICKING: WHAT NEW YORK 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 New York 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 New York; and 4. Summarize how federal and New York law address the issue of labor trafficking. REQUIRED READING: PAGE Terry Coonan and William Brunson, Labor Trafficking: What New York Judges Need to Know (July 2014) [NJC PowerPoint]...1 S&I: LABOR TRAFFICKING: WHAT NEW YORK JUDGES NEED TO KNOW WB/KZ JUNE 13, 2014 SYRACUSE, NEW YORK

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3 Labor Trafficking: What New York 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 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 1

4 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 Origin & Destination Countries The U.S. is one of the most popular destinations for human trafficking. 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 National Trafficking Hotline 5

8 It s Here in New York Top 5 Source Countries for Labor Trafficking in N.Y. State Mexico India Indonesia Philippines Nigeria * Source: Immigrant Women & Children s Project (IWC) U.S. and New York Labor Trafficking Trends and Cases 6

9 U.S. Labor Trafficking Cases U.S. Venues for Labor Trafficking Agriculture Hotels & Resorts Sweatshops and Industry Domestic Servitude Diplomatic Staff Peddling Rings Service Sector Nails / Massage Strip Clubs 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 (willful blindness) 7

10 1. Labor Trafficking in Agriculture Exploits both foreign nationals and U.S. citizens Typically the trafficker is the farm labor contractor But demand for trafficking comes from large agribusiness & from consumers Forced Agricultural Labor Garcia-Botello Case (2002) Forced Agricultural Labor Garcia-Botello Case (2002) First involuntary servitude case in U.S. prosecuted under the 2000 Trafficking Victim Protection Act Involved farm labor exploitation of 40+ Mexican adults and children in Orleans and Genesee Counties in western N.Y. (dairy, fruit, vegetable farms) 8

11 Forced Agricultural Labor Garcia-Botello Case (2002) Maria Garcia-Botello, an American of Mexican heritage, settled in N.Y. as a registered farm labor contractor Lured undocumented Mexicans to Albion, N.Y. from the Arizona border Then confiscated their documents and garnered their wages to pay off $1,800 travel debts Forced Agricultural Labor Garcia-Botello Case (2002) Forced Agricultural Labor Garcia-Botello Case (2002) Workers held in squalid trailers and guarded by enforcers Those who complained were beaten with brass knuckles and threatened with deportation A family business: Garcia s sons and husband part of scheme 9

12 Forced Agricultural Labor Garcia-Botello Case (2002) Workers escape and contact Farm Worker Legal Services of New York Garcia pleads guilty & given 46 month sentence Workers go on to win 2013 class action suit against Botello-Garcia & 36 other farm contractors Forced Agricultural Labor Evans Case (Florida) Homeless men and women recruited from public shelters for exploitation on potato and cabbage farms in North Florida Forced Agricultural Labor Evans Case (Florida) 10

13 Evans Case (Florida) Were held on isolated farms and plied daily with alcohol and crack cocaine... Drug and alcohol costs became the source of debt servitude Evans Case (Florida) Investigation begins when EPA detects high level of human feces in St. John River Trafficker Johnny Evans 11

14 Global Horizons Case Global Horizons an L.A. based company run by Israeli immigrant Mordechai Orian Orian marketed his services promising that Thai laborers were compliant, hardworking, and could be secured through recruiting debts (of $15,000 - $25,000) Global Horizons Case Between 2005 and 2007, Global Horizons brought over 700 Thai workers into the U.S. to perform agricultural labor The workers were sent to California, Washington, Florida, Hawaii, and Utah and subcontracted out to local farms Workers travel documents were confiscated by Global Horizons Global Horizons Case Thai workers housed in storage containers, kept in isolated locations, and threatened with deportation if they objected Company instructed the workers that Americans hated Asians Workers wages were garnished by Global Horizons and supposedly sent to Thailand 12

15 Global Horizons Case Groups of Thai workers brought to farms on mainland & Hawaii on H-2A agriculture visas Utah Farms Hawaii Farms Global Horizons Case U.S. Justice Department moves to prosecute Global Horizons and Orian Comprised largest human trafficking case prosecuted to date in the United States USDOJ abruptly drops all charges in July 2012 with vague explanation that it could not prove case beyond a reasonable doubt 2. Labor Trafficking in U.S. Hotels & Resorts 13

16 San Destin Hilton Case (Florida) The Victims: Eastern European college students admitted on J-1 student visas Arrived with plane tickets that would cost $2,000+ 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 14

17 Southeast Locations 2010 Manuel Case (Boca Raton) Husband & wife Filipino subcontractors lure Filipino cruise ship employees to Boca Raton promising high paying land jobs 50+ Filipinos are held in a gated neighborhood and contracted out to the Boca Woods Country Club 2010 Manuel Case (Boca Raton) 15

18 2010 Manuel Case (Boca Raton) Upon arrival in Florida, victims have their passports and ID documents confiscated Victims told that perpetrators have special relationship with local ICE officer 2010 Manuel Case (Boca Raton) Victims rescued when found begging for food outside a Catholic Church Florida Attorney General opens case as wage and hour violation Federal case follows 3. Labor Trafficking in Industry & Sweatshops 16

19 May 21, 2013 Lawsuits Announced Several of the most prestigious U.S. law firms announce they will pursue multiple human trafficking lawsuits on a pro bono basis against Signal International on behalf of 500+ guest workers from India. Largest Labor Trafficking Lawsuit in U.S. History Lawsuit Alleges Massive Fraud & Abuses by U.S. Company Suit claims Signal defrauded workers of tens of thousands of dollars with recruitment fees Further alleges workers confined to overcrowded & unsanitary shipyard camps in Texas, Mississippi, and Alabama 17

20 Workers allege visitors not allowed in camps and that company officials regularly searched their belongings Workers who complained were threatened with deportation Sweatshop Trafficking El Monte Case (California) 72 Thai women rescued in 1995 in East Los Angeles Had been held in residential neighborhood and exploited in a sweatshop ringed with barbed wire Debt servitude enhanced by company store coercion 18

21 The Victim Rescue The Suburban Sweatshop The front view The back view 4. Domestic Servitude 19

22 Domestic Servitude Forms of house slavery Perpetrator often from the same country as the victim Victims most often female Cultural misunderstanding the typical defense of the trafficker Domestic Servitude Sabhnani Case Long Island Dunkin Donut employees encounter partially clad Indonesian woman in May 2007 with signs of extreme physical abuse Domestic Servitude Sabhnani Case Victim had escaped from home of millionaire couple Mahender and Varsha Sabhnani, owners of multinational perfume business 20

23 Domestic Servitude Sabhnani Case 51 year old victim had been held since 2002 as virtual house slave in the family s $2 million Muttontown mansion Domestic Servitude Sabhnani Case Woman testifies about routine abuses that had risen to the level of torture: Repeated beatings with brooms & umbrellas Being cut with a knife and burned with scalding water Being forced to swallow chili peppers & then eat her own vomit Sabhnani Case Victim When Rescued 21

24 Domestic Servitude Sabhnani Case Varsha Sabhnani identified as prime perpetrator and given 11 year sentence for forced labor Husband Mahender Sabhnani also deemed culpable even though he never inflicted physical abuse Given 3 year sentence 5. Abuses by Diplomats Alleged Human Trafficking 2013 Khobragade Case 22

25 Alleged Human Trafficking Khobragade Case (Dec. 2013) Manhattan federal prosecutor accuses India Deputy Consul in N.Y. Devyani Khobragade of underpaying a maid from India and then lying about her wages in order to obtain a U.S. visa for the woman Khobragade Case Political Firestorm Ensues Alleged Human Trafficking 2013 Khobragade Case Criminal charge is for visa fraud (not human trafficking) Khobragade allegedly strip-searched Khobragade successfully claims diplomatic immunity and is recalled to India 23

26 Alleged Human Trafficking March 2014 Islam Case Alleged Human Trafficking March 2014 Islam Case Male domestic worker sues Consul General Monirul Islam from Bangladesh alleging inhumane conditions & low pay Worker claims Islam confiscated his passport & kept him in slave-like conditions in Consul s W. 57 th Street apartment 6. Peddling & Begging Rings Exploit both foreign nationals and U.S. citizens Individuals may appear to beg on their own behalf or for a charitable organization Often offer token items in exchange for a donation 24

27 1997 N.Y.C. Paoletti Case 1997 N.Y.C. Paoletti Case Beginning in early 1990s, Mexican Paoletti family begins to lure deaf and mute Mexicans to the U.S. with promises of better jobs and social treatment Once arrived, victims forced to hawk trinkets in New York and other cities 1997 Paoletti Case Victims all had a daily sales quota If they failed to meet the quota they were beaten or shocked with stun guns by ringleader Adriana Lemus Were held in overcrowded apartments in Queens and the Bronx 25

28 1997 N.Y.C. Paoletti Case Victims rescued after encounter with U.S. Good Samaritan 1997 N.Y.C. Paoletti Case Specialized victim care required-- N.Y.C. rents hotel to house victims Paoletti family believed to have trafficked as many as 1,000 hearing impaired Mexicans and earned $8 million in profits Adriana Lemus Paoletti given 14 year sentence 7. Forced Labor in the Service Industry Often involves Mom and Pop family retail or ethnic businesses Victims typically exploited by a trafficker from their own home country 26

29 2010 Afolabi Case (New Jersey) Akouavi Afolabi recruits girls from Togo & Ghana and exploits them in N.J. hair braiding salons 2010 Afolabi Case Victims as young as 10 live and work as slaves in Newark and East Orange Victims not allowed to attend school or make friends Afolabi threatens the girls with voodoo curses as part of the coercion Eleven Plantation Case 27

30 Eleven Plantation Case In June 2013 federal law enforcement agents execute search warrants nationwide on Eleven Stores Ten owners & managers of stores on Long Island charged with decadelong trafficking scheme Eleven Plantation Case Suspects alleged to have exploited numerous males from Pakistan for labor trafficking in 7-Eleven stores Traffickers provided workers with identities stolen from U.S. citizens in seven states Eleven Plantation Case Victims held in homes adjacent to or near 7-Eleven stores Prosecutors term the case a nationwide 7-Eleven Plantation Five Long Island homes seized 28

31 8. Massage & Nail Establishments Massage & Nail Establishments Can be fronts for sex trafficking But also for labor trafficking of women from China, Korea, S. Asia Victims can owe smuggling debts as high as $100, Are among the least cooperative victim witnesses for U.S. law enforcement 9. Labor Trafficking in Strip Clubs Foreign-born dancers often forced to pay off immigration & recruiting debts 29

32 2005 Trakhtenberg Case Russian entertainment promoter exploits immigrant women in N.J. strip clubs 2005 Trakhtenberg Case Lev Trakhtenberg brings women from Russia to Brooklyn with visa fraud scheme Women driven nightly to N.J. and forced to work in strip clubs and to prostitute to pay off travel costs Trakhtenberg threatens women with harm to families in Russia Trafficking Victims Protection Act (TVPA) 30

33 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. 31

34 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 32

35 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 Enable trafficking victims to: Obtain medical care, witness protection, housing assistance, other social services Obtain civil remedies for financial losses Sue traffickers for punitive damages 33

36 New Immigration Remedy T trafficking visa created by Congress to give victims temporary legal status Victims must be willing to participate in law enforcement investigation Trafficking Victim Protection Reauthorization Act of 2008 Creates new offense of Fraud in Foreign Labor Contracting Criminalizes recruitment of foreign laborers using materially false or fraudulent representations Meant to address prevalent abuses by U.S. workforce recruiters overseas 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 34

37 DOJ-Funded HT Task Forces New York Labor Trafficking Statutes New York Labor Trafficking Statutes New York revamped its labor trafficking statutes in 2007 to cover nuances of modern trafficking cases N.Y. now has among the most comprehensive trafficking laws in the country 35

38 N.Y. Penal Law Creates crime of Labor Trafficking Class D Felony with maximum sentence of 7 years Court may also impose a fine of $5,000 or double the defendant s gain N.Y. Penal Law To compel a person to engage in labor (or to recruit, entice, harbor, or transport a person for labor) by means of intentionally: 1) Providing the victim with a controlled substance in order to impair a person s judgment N.Y. Penal Law ) Requiring servicing of a real or purported debt... intended to defraud another person 3) Withholding or destroying actual or purported government identification documents 36

39 N.Y. Penal Law ) Using force or engaging in any scheme, plan, or pattern meant to instill fear of: (a) Physical injury or death (b) Damage to Property (c) Unlawful imprisonment N.Y. Penal Law (d) Threat of criminal charges or deportation (e) Exposing a secret or fact that could lead to contempt or ridicule (f) Testifying or withholding testimony regarding a legal claim (g) Abuse of a position of public duty or authority N.Y. Codes, Rules, Regulations 9 N.Y.C.R.R When a claimant applies as a victim of labor trafficking or sex trafficking for victim services, there shall be a rebuttable presumption that such a victim has suffered physical injury for purposes of eligibility 37

40 Remaining Gaps in N.Y. Labor Trafficking Laws No private right of action Explicit victim restitution provision needed Sentencing disproportionate with sex trafficking offenses Resource for Judges and Courts Questions? Thank You! Professor Terry Coonan 38