Human Trafficking: What Indiana Judges Need to Know The National Judicial College Upper Midwestern Policing Institute Indiana Protection of Abused Trafficked Humans Task Force Presenters Professor Terry Coonan, Florida State University Gayle Helart, U.S. Department of Justice Abby Kuzma, Indiana Deputy Attorney General Darlene Bradley, Dept. Homeland Security Module 1 Human Trafficking Introduction
Learning Objectives After this session, you will be able to: Describe the international scope of human trafficking Outline the scope of the crime in the U.S. and the Midwest Identify types of human trafficking encountered in Indiana What Is Human Trafficking? The exploitation of another for forced commercial sex or forced labor Sex Trafficking: commercial sex act induced by force, fraud, or coercion, or person induced to perform such act has not attained 18 years of age; or Labor Trafficking: Recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through use of force, fraud, or coercion for purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Origin & Destination Countries U.S.: One of the most popular destinations for human trafficking. UN Highlights Human Trafficking, ORIGIN & DESTINATION COUNTRIES, BBC NEWS available at http://news.bbc.co.uk/2/hi/in_depth/6497799.stm.
A Lucrative Business Yields estimated $32 billion in profits each year world wide An estimated $9 $12 billion earned in United States After drug trafficking, human trafficking is the most lucrative business for organized crime Becoming a preferred business 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 Types of Human Trafficking Primarily Labor Domestic Hotel services servitude Construction Agriculture Health and elder Manufacturing care Janitorial Nail salons services 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 US is a source, transit, and destination country for trafficking More sex trafficking than labor trafficking investigations But far more labor trafficking victims U.S. Trafficking Trends (TIP Report) Majority of foreign victims are from Thailand, India, Mexico, Philippines, Haiti, Honduras, El Salvador, and Dominican Republic
B.J.S. Sex Trafficking Victims 17 % Non-U.S. Citizens 83% U.S. Citizens B.J.S. Labor Trafficking Victims 28% Qualified Aliens 67% Undocumented Aliens A Growing Problem Here at Home Between 14,500 and 17,500 men, women, and children trafficked into U.S. annually 100,000 to 293,000 U.S. children are in danger of becoming sexual commodities (Nat l Center for Missing & Exploited Children) 12-14 is average age of entry into pornography and prostitution in U.S. (U.S. Dep t Justice Child Exploitation & Obscenity Section) 33% of a sample group of female commercial sex workers in Chicago began in sex trade between ages of 12 and 15 with 56% being 16 or younger.
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 1998 Cadena Case--Florida Cadena Case Family-run Mom & Pop criminal scheme Criminal brainstorm of 72 year old Luisa Cadena in Mexico Exploited 100+ young Mexican girls between the ages of 14-25 Built around a network of trailer brothels stretching from Homestead to West Palm Beach and north into Carolinas Largest sex trafficking case in U.S. history
The Work Station Tools of the Trade Crime Scene Indicators
Victim Possessions 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
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) 2005 Evans Case (Palatka, Florida)
Evans Case 2005 Evans case: forced labor of U.S. citizens Homeless men & women recruited from Florida shelters for exploitation on potato & cabbage farms near Jacksonville Company Store model used to drive up worker debts Workers paid with alcohol & crack cocaine Evans given a 30 year sentence Evans Case 2012 Campbell Case (Chicago)
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 tattoed, 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
One of the Clients Defense Attorney Douglas Rathe Identified in court by Ukrainian a victim Explained he had only received massages Midwest / Indiana Statistics 2,515 trafficking investigations opened by Dep t Justice Anti-Trafficking Task Forces between 2008 and 2010 239 cases were in Midwest 50 opened by Indiana law enforcement and 30 by service providers 651 trafficking investigations opened by U.S. Immigration & Customs Enforcement (ICE) in 2010, which resulted in: 300 arrests 151 indictments 144 convictions Midwest / Indiana Statistics 90 ICE cases were in Midwest resulting in: 43 arrests 25 indictments 22 convictions 69 of those cases involved sex trafficking and 21 involved labor trafficking. 925 trafficking cases were opened by FBI since 2004 61 FBI cases were in the Midwest 37 of those cases involved sex trafficking and 27 involved labor trafficking.
Midwest / Indiana Statistics Trafficking Victim Gender: 70% Female 30% Male Trafficking Victim Age: 40% Adults 20% Minors 40% Unknown Types of Reported Trafficking Cases: 60% Sex 40% Labor Nationalities of Trafficking Victims: 40% Domestic 60% Foreign Most Common Countries of Origin for Foreign Victims: 1. Mexico 2. China 3. India 4. Russia Data: ICE, FBI, HTRS, TIMS, & Polaris Human Trafficking in Indiana Indiana has witnessed sex trafficking cases of both immigrant and U.S. citizen victims Since 2005, 50 child trafficking cases have been investigated statewide (majority of them sex trafficking cases) Why Indiana? Midwestern highway system Toledo a central nexus leading west to Indiana Immigrant brothel networks U.S. citizen pimps and victims
Truck Stop Prostitution U.S. citizen women and minors have been exploited in truck stops in Indiana and elsewhere for forced prostitution Are referred to as lot lizards by truckers Truck Stop Prostitution Truck Stop Prostitution 2006: Pimp Colinna Feemster sentenced to 52 months for prostituting two young women in an Indiana truck stop Feemster had made $30,000 in two months of sexually exploiting the women
Immigrant Brothel Networks May 2011: Coordinated federal raid in Indianapolis uncovers multi-state prostitution ring led by three brothers The Hernandez-Castilla brothers allegedly smuggled women for 10 years from Mexico & Central America to cater to Latino males Immigrant Brothel Networks Women required to pay back smuggling fees through prostitution Brothers were based in Indianapolis Ran brothels in Indianapolis, Chicago, Cincinnati, Grand Rapids, Fort Wayne, and Elkhart Immigrant Brothel Networks Prostitution ring advertised through business cards advertising western wear
Immigrant Brothel Networks Jose Luis Hernandez Castilla held business meetings every Sunday on the westside of Indianapolis Brothel operators met to trade women and exchange money Women were moved on a weekly basis Immigrant Brothel Networks Most of the prostitution houses in Indianapolis were operated from apartment complexes Johns paid $40-$50 $50 for 10-20 minute sex transactions Tip to Crime Stoppers initiated case U.S. Citizen Pimps 2011: Smiley sex trafficking case First human trafficking case to go to trial in Marion County Case involved U.S. citizen woman forcibly prostituted to pay off drug debt of mother s boyfriend
U.S. Citizen Pimps 18 year old victim held for almost a year in Indianapolis motels by Smiley U.S. Citizen Pimps Victim forced to work in a strip club and to prostitute in order to pay off crack cocaine debt owed to pimp Case breaks when 17 year old assigned to set up sex transactions called her own mother to report she had been raped U.S. Citizen Pimps Smiley given 10 year sentence: Human Trafficking Felony Battery Felony Intimidation Felony Strangulation *First jury trial conviction under 2007 Indiana statute
Module 2 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 as been applied in prosecutions Trafficking Victims Protection Act (TVPA) 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 prosecution. 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; or 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.
Human Trafficking Quiz True or False. Trafficking is a crime that must involve some form of travel, transportation, or movement across state or national borders. Physical Force Required? Physical force is no longer required to prove that someone has been enslaved Showing of fraud or psychological coercion now suffices 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 to or physical restraint against any person; Causing a person to believe that failure to perform act would result in serious harm to or physical restraint against any person; or The abuse or threatened abuse of the legal process (e.g., threat of deportation) 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
Federal Crimes and Penalties Forced Labor Trafficking into Servitude Sex Trafficking Involuntary Servitude Peonage (Debt Bondage) Document Servitude Conspiracy Against Rights Up to 20 years Up to 20 years Up to life Up to 20 years Up to 20 years Up to 5 years Up to life if kidnapping, sexual abuse or death Case Study Indonesian Laborer Sireyvudh young Indonesian from poor family. Recruiter offers him job on pineapple plantation in Hawaii. Sireyvudh Agrees that portion of his pay can go to transportation costs. Enters U.S. legally with agriculture visa. Is housed in an unventilated trailer with five other workers Case Study (Cont.) Is given no safety gear when using pesticides and herbicides Does not receive the lessons in English that the recruiter promised Is Sireyvudh an HT victim?
Involuntary Servitude Servitude induced by means of A. any scheme intended to cause person to believe that, if person did not enter into or continue in such condition, that person or another would suffer serious harm or physical restraint; or B. the abuse or threatened abuse of the legal process (threat of deportation) Forced Labor Providing or obtaining the labor or services of a person through: Force or threat of force Serious harm or threats of serious harm to that t person or another Any scheme, plan, or pattern that places the victim in fear of serious harm, or The abuse or threatened abuse of the legal process Document Servitude Holding an actual or purported identity document of a victim in the course of committing any trafficking crime Documents held by the trafficker need not be genuine, and even holding a victim s fraudulent passport is punishable
Case Study Vietnamese Laborer Vietnamese welder with work visa Promised work at $20/hr. Visa for 2 yrs. Transportation debt: $7,000; $750/mo. housing with 5 other workers in rundown apt. $2,500 mo. paycheck. Out of check, he receives only $300 with $200 going to family. He is told he cannot leave until debt paid. Passport seized; not allowed computer access. HT Offenses: 2 Threshold Requirements 1. Was the person held in the service of another, whether for labor or commercial sex acts, or recruited or transported for this purpose? 2. Was the victim s service obtained or maintained through force, threats, fraud, psychological coercion, or confiscation of their legal documents? 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 Indiana law exempts victims under the age of 16 from the requirement of proving force, fraud, or coercion
Case Study Guatemalan Sex Worker Guatemalan citizen worked as prostitute to support herself & 2 yr old son in Guatemala Recruited to continue profession in U.S. Transported from city to city with 4 other girls, servicing primarily Hispanic clients. Turns all earnings over to "Daddy," receiving $5 a day for incidentals. 40 clients a day. Witnesses Daddy beating and raping girls who try to leave. Is Maria an HT victim? Other TVPA Provisions Attempt TVPA Attempt: allows law enforcement to focus on perpetrator s intent rather than proving victim s will was overcome Focus is on what the perpetrator intended burden shifted away from victim Punishable to same extent as completed trafficking crimes TVPRA 2008 Updates Adds new conspiracy statute 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 person engaged in commercial sex was a minor)
Prevention, Protection, Prosecution Prevention: authorization of educational and public awareness programs Protection: issuance of a T/U or other visa to foreign victims under certain circumstances Prosecution: stiff penalties Other TVPA Provisions Protections Enable trafficking victims to: Obtain medical care, witness protection, housing assistance, other social services Obtain temporary legal immigration status if willing to cooperate with law enforcement Obtain civil remedies for financial detriment they have suffered Module 3 Indiana Human Trafficking Statutes
Learning Objectives After this session, you will be able to identify Indiana statutes that address human trafficking Indiana Trafficking Statutes Indiana enacted its first anti-trafficking statutes in 2007 In anticipation of the 2012 Super Bowl, Governor Mitch Daniels and Attorney General Greg Zoeller led efforts to introduce new anti-trafficking statutes, effective immediately Indiana Law IC 35-42-3.5 Human and Sexual Trafficking Definition Restitution Civil Action
Indiana Law: IC 35-42-3.5-1 Human and Sexual Trafficking Section 1. (a): A person who, by force, threat of force, or fraud, knowingly or intentionally recruits, harbors or transports another person: (1) to engage the other person in: (A) forced labor; or (B) involuntary servitude; or (2) to force the other person into: (A) marriage; (B) prostitution; or (C) Participating in sexual conduct commits promotion of human trafficking, a Class B felony. Indiana Law: IC 35-42-3.5-1 SEA 04 amended Indiana law - easier to prosecute persons who engage in trafficking of children by removing requirement of proving force or the threat of force: IC 35-42-3.5-1 (b) A person who knowingly or intentionally recruits, harbors, or transports a child less than sixteen (16) years of age with the intent of: (1) engaging the child in: (A) forced labor; or (B) involuntary servitude; or (2) inducing or causing the child to: (A) engage in prostitution; or (B) participate in sexual conduct (as defined by 11 IC 35-42-4-4); Commits promotion of human trafficking of a minor, a Class B felony. Indiana Law: IC 35-42-3.5-1 (Cont.) It is not a defense to a prosecution under this subsection that the child consented to engage in prostitution or to participate in sexual conduct.
Indiana Law 1C 35-42-3.5-1 SEA 04 amended current law regarding selling or transferring a child for trafficking by expanding the class of individuals who may commit the crime from "a parent, guardian, or custodian" of a child to "an individual. (c) A person who is at least eighteen (18) years of age who knowingly or intentionally sells or transfers custody of a child less than sixteen (16) years of age for the purpose of prostitution or participating in sexual conduct commits sexual trafficking of a minor, a Class A felony. Indiana Law 1C 35-42-3.5-1 (d) A person who knowingly or intentionally pays, offers to pay, or agrees to pay money or other property to another person for an individual who the person knows has been forced into: (1) forced labor; (2) involuntary servitude; or (3) prostitution; commits human trafficking, a Class C felony. Indiana Law: IC 35-42-3.5 Section 2: Restitution Orders In addition to any sentence or fine imposed for a conviction of an offense under section 1, the court shall order the person convicted to make restitution to the victim of the crime under IC 35-50-5-3.
Indiana Law: IC 35-42-3.5 Section 3: Civil Cause of Action (1) If a person is convicted of an offense under section 1 of this chapter, the victim of the offense: Has a civil cause of action against the person convicted of the offense; and May recover the following from the person in the civil action: Actual Damages Court Costs Punitive Damages Attorney s Fees. Indiana s New Amended Law Indiana s newest anti-trafficking law led to the March 15, 2012 arrest of an Indianapolis man charged with transporting a 14 year old girl for prostitution Case initiated by Indianapolis Metropolitan Police Department Module 4 Immigration and Human Trafficking Victims
Learning Objectives After this session, you will be able to: Identify ways that immigrant victims enter the country Summarize different types of immigration remedies available to foreign national victims Immigrant Victims of Trafficking Many victims vulnerable to trafficking specifically because they lack legal immigration status Some entered the country without inspection Others entered legally on a temporary visa and become vulnerable once that visa expired Ways to Enter the United States Legally Immigrant Nonimmigrant Refugee or asylee Illegally Entry without inspection (EWI) Fraudulent/counterfeit documents
Alien Definitions Alien : any person not a citizen or national of U.S. Arriving aliens : Those knocking at the door to seek admission Undocumented aliens : Those entering the U.S. without inspection or admission Admitted aliens : Those who are inspected and admitted. Immigration Remedies for HT Victims Continued Presence federal law enforcement tool that provides temporary victim/witness immigration relief while a severe HT case is investigated and prosecuted Issued by ICE Provides lawful immigration status Provides eligibility for work authorization Federal law enforcement initiates application Special allowances for minors Continued Presence Initially granted for one year and may be renewed in one-year increments May be terminated if alleged victim is found not to be victim, loses contact with sponsoring law enforcement agency, or is granted a T visa Victim may be entitled to refugee benefits
Immigration Remedies: T Visa Relief that can lead to permanent residence. 8 U.S.C. 1101(a)(15)(T) Provides eligibility for work authorization Benefits start with determination that a T- visa application is bona fide T Nonimmigrant Status T visa holders can apply for permanent residence... After 3 years or After conclusion of the criminal proceedings whichever comes first. T visas expire after 4 years. Requirements for Getting a T Visa Victim of a severe form of trafficking Self-petitioning victim or advocate must initiate application Physically present in U.S. b/c of trafficking Complied with any reasonable request to assist law enforcement (not a requirement for minors) Will face extreme and unusual hardship if removed
U Nonimmigrant Status Usually used in non-ht cases, although available to HT victims Available to victims of crime who have suffered substantial mental and physical abuse as a result of a crime and are willing to help law enforcement. Holders may apply for permanent residence after 3 years; visas expire after 4 years but may be extended. DHS Blue Campaign The Department of Homeland Security has a launched a new Blue Campaign to Combat Human Trafficking. The Blue Campaign focuses on: DHS role in investigating trafficking DHS role in providing victim benefits Module 5 Indiana Anti-trafficking trafficking Efforts
Indiana Anti-trafficking Efforts Indiana has witnessed a strong response to the challenges posed by modern slavery Legislative efforts have been backed and implemented by state & federal law enforcement, service providers, and community and religious groups Indiana Human Trafficking Initiative Department of Justice Task Force 2005 to Present Task Force Partnering Agencies & Organizations: U.S. Attorney s Office, Indiana Attorney General s Office, FBI, Indianapolis Metropolitan Police Department, Attorney General, Marion County Prosecutor's Office, Homeland Security, Department of Labor, Department of Child Services, The Julian Center, Exodus Refugee Center, Neighborhood Christian Legal Clinic, Crime Control Research, Kramer & Co. Indiana Protection of Abused and Trafficked Humans Task Force (IPATH) Indiana Protection of Abused & Trafficked Humans task force (IPATH) - one of 42 task forces nationwide funded by Department of Justice s Office of Victims of Crime and Bureau of Justice Assistance The Goals of IPATH are to: 1) Enhance law enforcement s ability to identify and rescue victims. 2) Provide resources and training to identify and rescue victims. 3) Ensure comprehensive services are available for victims of trafficking.
A Collaborative Client Centered Approach Law Enforcement Victim Services Training Community Awareness Protocol Development Victim Services Available Housing Legal Advocacy Job Training Medical Care Mental Health Counseling Substance Abuse Counseling Case Management Crisis Intervention IPATH and the 2012 Super Bowl Human Trafficking & Super Bowl 2012 A study conducted by KLAAS KIDS Foundation found significant increases in Backpage escort ads leading up to the 2012 Super Bowl. (1) Advertised on Indianapolis Backpage February 02 nd. (2) 1) KLAAS KIDS FOUNDATION, TACKLE THE TRAFFICKER OUTREACH AND MONITORING INITIATIVE (Feb. 3, 2011). 2) KLAAS KIDS FOUNDATION, BEHIND CLOSED DOORS.
IPATH and 2012 Super Bowl 3,397 people received human trafficking training (approx.) Over 60 different training sessions were offered by IPATH members. Hundreds more learned about trafficking through shorter outreach events. 2,777 educational materials on trafficking distributed IPATH and 2012 Super Bowl (cont.) Awareness materials distributed between 1/1 and 2/5/ 2012: (approx. numbers, including those distributed by partnering organizations) 11,000 shoe cards 2,050 Don t Buy the Lie cards 2,100 chap-sticks 300 page size posters and 500 brochures given to partners for distribution (Electronic versions too) 48 community outreach/public awareness activities held. IPATH and 2012 Super Bowl IPATH partners for Super Bowl efforts included: F.R.E.E. International, KLAAS KIDS Foundation, Save Our Adolescents from Prostitution (S.O.A.P.), the Coalition for Corporate Responsibility for Indiana and Michigan (CCRIM), the Indiana Coalition Against Sexual Assault (INCASA), & the Florida Coalition against Human Trafficking. 270 Indiana volunteers distributed: 2,000 Don t Buy the Lie cards (included in overall IPATH number distributed) 7,700 Don t Buy the Lie stickers 600 chap-sticks with hotline number (included in overall IPATH number distributed) 960 Missing Children booklets (250 digital copies also sent) 40,000 bars of soap to 200 hotels 1,250 S.O.A.P. Red Flag brochures (total of English and Spanish) 200 of each IPATH information sheet 600 Hospitality Red Flags sheets distributed 198 brochures to 99 hotels 99 copies of the ECPAT Code of Conduct to 99 hotels 99 copies of local anti-trafficking contact information to 99 hotels
If you believe someone is a victim of Human Trafficking: Contact your local police department and be transferred to the human trafficking detective on duty. Indianapolis Trafficked Persons Assistance Program 24-hour hotline: 1-800-928-6403 National Human Trafficking Resource Center Hotline Number 1-888-3737-888