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 MISSISSIPPI JUDGES NEED TO KNOW Professor Terry Coonan OBJECTIVES: After this session, you will be able to: 1. Describe how the Trafficking Victim Protection Act of 2000 and Mississippi law have changed previous definitions of slavery; 2. Define how force, fraud, and coercion are employed against victims in modern human trafficking cases; and 3. Apply Mississippi s human trafficking statutory provisions to one or more case studies. REQUIRED READING: PAGE Terry Coonan, Human Trafficking: What Mississippi Judges Need to Know (Apr. 2014) [NJC PowerPoint]...1 S&I: HUMAN TRAFFICKING: WHAT MISSISSIPPI JUDGES NEED TO KNOW WB/KZ APRIL 23, 2014 BILOXI, MS

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3 Human Trafficking: What Mississippi 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 The Natasha Trade Emerges in Eastern Europe Trafficking of Asian Migrants by Snakeheads Becomes Lucrative International Business 2

5 Children Are Routinely Enslaved in West African Cocoa Farms Children Are Also Exploited in Conflict Zones Around the World as Child Soldiers Women Continue to Make Up 70% of the Victims Worldwide 3

6 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 Organized Crime After drug trafficking, human trafficking is the most lucrative business for organized crime Unlike drugs, humans can be resold again and again 4

7 It s Here in the United States FBI Arrest 150 in 3 Day Sex Trafficking Sweep (July 29, 2013) It s Here in Mississippi 5

8 Mississippi Cases Cases reported of: Sex trafficking of foreign nationals Sex trafficking of U.S. citizens and minors Labor trafficking of foreign nationals U.S. and Mississippi Trafficking Trends and Cases U.S. Sex Trafficking Trends 1. Agricultural brothels 2. Massage parlors 3. Internet based prostitution 4. Domestic minor sex trafficking 5. Major sporting events 6

9 (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 The Waiting Room 7

10 The Work Station Tools of the Trade Cash Intensive Operations 8

11 Victim Belongings Flores/Feliciano-Francisco Hattiesburg Sex Trafficking Case (2014) Florida woman who had been a witness in a Tennessee / Kentucky sex trafficking trial kidnapped and sexually assaulted by members of Mexican criminal syndicate Woman taken from her front yard in Panama City, Florida home to Hattiesburg, MS where she escaped Flores/Feliciano-Francisco Hattiesburg Sex Trafficking Case (2014) Ruperto Flores pleads guilty to Mann Act violation as driver Jacobo Feliciano-Francisco still facing federal kidnapping charge 9

12 (2) Massage Parlors 2012 Campbell Case (Chicago) 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 10

13 Businessman Alex Campbell The Branding of His Victims 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 her family in Belarus would be sent a sex tape 11

14 Campbell given life sentence in 2013 Judge cites the brutality of the exploitation and lifelong scars victims will bear Campbell Case Defense Attorney Douglas Rathe One of the Clients Identified in court by Ukrainian victim Insisted he had only received massages (3) Internet-based Prostitution 12

15 Prostitution 20 Yrs Ago: Streetwalking 10 Yrs Ago: Throwaway Newspapers 2014: Internet s Virtual Streetcorner 13

16 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 profits from adult services ads Gulfport MS Sex Trafficking Case Korean national Moonseop Kim convicted in 2013 for sex trafficking of Korean women (Internet ad for super hot and sexy Korean girl ) (4) Domestic Minor Sex Trafficking 14

17 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 15

18 Domestic Recruiting Locations Schools Juvenile courts Shopping malls Bus stations Glorification of the Pimp Lifestyle DMST Victims The Reality 16

19 DMST Victims Before and After Tattoo Branding by Pimps Tattoo Branding by Pimps 17

20 (5) 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 U.S. Labor Trafficking Cases 18

21 U.S. Venues for Labor Trafficking Private homes Nail salons Farm worker camps Sweatshops Industry 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 Forced Agricultural Labor 19

22 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 Evans Case (Florida) Investigation begins when EPA detects high level of human feces in St. John River 20

23 Trafficker Johnny Evans Labor Trafficking in U.S. Hotels 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 21

24 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 Southeast Locations 22

25 Mississippi Labor Trafficking Cases Subcontracted labor Agriculture & forestry work Hotels & resorts Shipbuilding Lombardi Case (Gulfport MS, 2012) West Palm Beach businessman Michael Lombardi given 51 month federal prison sentence for labor trafficking US OPPORTUNITIES LLC Had fraudulently obtained H-2B work visas for foreign laborers and exploited them in multiple states, including Mississippi Mississippi Businesses Implicated in Lombardi Case 5 Star Forestry Ridgeland, Mississippi 23

26 Mississippi Businesses Implicated in Lombardi Case Southern Mississippi Pine Straw Mendenhall, Mississippi Mississippi Businesses Implicated in Lombardi Case Beau Rivage Resort & Casino Biloxi, Mississippi Weitzel Case (Gulfport MS, 2011) Federal subcontractor Randall Weitzell pleads guilty to labor trafficking of illegal aliens 8 year conspiracy in which Weitzell falsified documents, transported and harbored aliens, and exploited them throughout southern Mississippi 24

27 Weitzel Case (Gulfport MS, 2011) Jobsites where foreign nationals trafficked included Keesler Air Force Base and U.S. Courthouse in Gulfport Labor Trafficking in Mississippi Shipyards 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 25

28 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 Workers allege visitors not allowed in camps and that company officials regularly searched their belongings 26

29 Workers who complained were threatened with deportation Trafficking Victims Protection Act (TVPA) 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 27

30 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. 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) 28

31 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 TVPA Fraud Fraud: can include false or deceptive offers of employment, marriage, or a better life 29

32 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 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 30

33 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 State Anti-Trafficking Statutes 31

34 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 Mississippi Human Trafficking Act of 2013 Mississippi greatly strengthened its original 2006 anti-trafficking statutes in 2013 HB 673 took effect July 1, 2013 Comprehensive reworking of Human Trafficking Defined A person who recruits, entices,... provides or obtains... another for forced labor or services is guilty of human trafficking.... or Who benefits from an enterprise he knows or reasonably should have known involves forced labor or services 32

35 Procuring Sexual Servitude of Minors When one knowingly recruits, entices... provides or obtains... a minor, knowing the minor will engage in: commercial sexual activity sexually explicit performance or production of sexually oriented materials Mississippi Criminal Penalties 5-30 years for procuring sexual servitude of a minor 2-20 years for trafficking an adult 5-20 years for labor trafficking of a minor Criminal Penalties for Enterprises Can be prosecuted if an agent of the enterprise knowingly commits human trafficking while acting within the scope or employment or The offense was part of a pattern or illegal activity for the benefit of the business 33

36 Criminal Penalties for Enterprises The court may consider the severity of the enterprise s offense and order: Fines up to $1 million Disgorgement of profit Debarment from government contracts Affirmative Defense for Enterprises It is an affirmative defense if the enterprise had in place adequate procedures... designed to prevent persons associated with the enterprise from engaging in unlawful conduct and to promptly correct violations Conspiracy Liability A person who knowingly aids, abets, or conspires to violate the Mississippi Human Trafficking Act shall be considered a principal in the offense 34

37 Affirmative Defense for Victims It is an affirmative defense in a HT prosecution if the defendant is a victim and committed the offense under a reasonable apprehension... of serious harm against the defendant, a member of the defendant s family, or a close associate Undercover Operations Use of undercover law enforcement operatives in HT investigations shall not constitute a defense to a prosecution Injunctive Relief for Victims Circuit Court may order any defendant to divest himself of any interest in an enterprise May impose reasonable restrictions on all future activities or investments May order the revocation of any state license or the forfeiture of a corporate charter 35

38 Injunctive Relief for Victims Victim restitution is mandatory Court shall direct the defendant to pay the victim the full amount of the victim s pecuniary damages Injunctive Relief for Victims Cause of action established for punitive damages A victim s criminal conviction may be vacated if court later finds defendant s participation in an offense was the result of being a HT victim Asset Forfeiture Any property used in violation of the Mississippi Human Trafficking Act shall be forfeited: Telecommunication equipment & computers Money or weapons Any real or personal property acquired in the offense 36

39 Asset Forfeiture Law enforcement agency investigating the HT offense entitled to 50% of the liquidated assets seized Remaining 50% to be deposited in the newly-established Mississippi Relief for Victims of Human Trafficking Fund Statewide Human Trafficking Coordinator New position to be established within the Attorney General s office Duties: Evaluate statewide anti-trafficking efforts Collect data on trends and cases Coordinate implementation of Act Assist local task forces Prostitution Laws Revised If person suspected or charged with prostitution committed the offense as a direct result of being a trafficked person, they shall be immune from prosecution 37

40 Prostitution Laws Revised Procuring the services of a prostitute commit a misdemeanor A second or subsequent violation is a felony Prostitution Laws Revised Promoting Prostitution (enticing, compelling, persuading, or using threats or violence to induce another to commit prostitution is a felony offense Prostitution Laws Revised Penalties for Promoting Prostitution 1 st Offense: $5 K fine, up to 10 yrs imprisonment 2 nd Offense: $10K fine, up to 20 yrs imprisonment Minor Victim: $50K to $500K fine, and 5-30 yrs imprisonment 38

41 Prostitution Laws Revised Penalties for Promoting Prostitution If person charged with promoting prostitution is found to be a trafficked person, this shall be a mitigating factor Prostitution Laws Revised Penalties for Promoting Prostitution Any entity or corporation found guilty of promoting prostitution shall be fined up to $50K If case involves a minor, fine of up to $1 million Prostitution Laws Revised Penalties for Promoting Prostitution In cases involving entities or corporations, consent of the minor or ignorance by the business of the minor s age is not a defense 39

42 Mississippi RICO Statutes Human trafficking is now a RICO predicate offense Computer Luring Felony offense to use a computer communication system to induce a minor to engage in sexual intercourse, sexual contact, or sexual performance for one s benefit Statute of Limitations No SOL to bar human trafficking prosecutions or prosecution of cases involving promotion of prostitution with minor victims 40

43 National Hotline Number / 7 hotline service that alerts local law enforcement and service providers about potential cases Questions? Thank You! Professor Terry Coonan 41