Identifying and Investigating Trafficking Cases The victim-centered, centered, multi disciplinary approach Lou de Baca Criminal Section, Civil Rights Division US Department of Justice
OVERVIEW/REVIEW
Trafficking Defined A crime phenomenon about the acquisition and management of a labor force Obtaining or maintaining labor or services of another person through coercion Or, in case of commercial sex, of a child (like stat rape) Federal Interest: 13 th Amdt. prohibition of slavery and involuntary servitude Movement not required Maintaining is as bad as Obtaining (initial consent issue)
Early Lessons Victim Testimony Critical Cultural Sensitivities and Transient Victims -- need help of Immigrant Advocates ( NGOs ) US v Flores (D.SC) Need Interagency Investigative Team to Leverage Strengths Result: establishment of HQlevel task force & passage of modern anti-trafficking statute in 2000 US v Paoletti (EDNY)
CRIMINAL ACTIVITY RELATED TO TRAFFICKING A Plethora of Predicates INVOLUNTARY SERVITUDE & TVPA CRIMES Transport for Prostitution Extortion MONEY LAUNDERING Tax offenses Immigration offenses HUMAN TRAFFICKING Forgery and Visa Fraud VIOLENT CRIME (assault, rape, etc) Local vice crimes THREATS, BLACKMAIL OF FAMILY BRIBERY OF OFFICIALS ROUTES USED FOR SMUGGLING DRUGS, ARMS ETC?
CASE EXAMPLES
Common Sectors of Compelled Service Forced Prostitution Aliens or US Citizens Child Prostitution Exotic Dancing Nannies/Housekeepers Farmworkers Factory/Garment Workers Street Peddlers/Child Begging Girls and women in situations other than sex industry are often subjected to long-term systemic captive sexual abuse, blurring lines of characterization among types : LE focus is on denial of liberty
Not Everything is Trafficking Consensual Adult Prostitution Child Sexual Abuse Dangerous Alien Smuggling Migrant Prostitutes Abuse of Alien Laborers Powerful and Appropriate State and Federal Laws Still Cover Non-Trafficking Situations; Trafficking Must be Seen in Context of Entire Legal System and Holistic (and Compassionate) Enforcement is Needed
Domestic Servants U.S. v. Mubang - African child servant - 17 ½ years incarceration following flight to Cameroon -$100,000 Restitution
Pimps Victims Not Always Foreign TIP includes prostitution of US citizens involving use of force/fraud/coercion to prevent adults from leaving service. Commercial Sexual Exploitation of Children (CSEC) also now termed as TIP US v. Pipkins, 378 F.3d 1281 30 & 40 year sentences for RICO, Extortion, and Involuntary Servitude
Migrant Agricultural Labor US v Ramos (SD FL) Migrant worker slavery. 15 year sentences $3.2 m asset forfeiture
Concubinage for Criminal Gang US v Soto 23 year sentence on guilty plea of ringleader
CHALLENGES AND NEED FOR COORDINATION
Some of Most Challenging Cases Problems: Victims can be difficult to recognize Traffickers exploit and cultivate fear & distrust of authorities US Law Enforcement not yet understand modern definitions and approaches Need skill set of sex abuse, kidnapping, white collar, and OC Some victims unaccustomed to basic rights Possible guilt, shame, fear, or loyalty Victims often in crisis, unsure of value of intervention Result: A gradual, resource-intensive process to uncover facts and assist victims, demanding cooperation across all lines
Loyalty: 14 year-old victim
Coordination Issues Coordination Among Law Enforcement Agencies Federal, State, Local, and International Coordination with NGO s & Fed/State Govt. Asst. HTRA or other anti-trafficking task forces as good model for cooperation and coordination BEFORE case comes up Coordination with Other Countries Coordination of Victim/Witness Response Shelter, safety, food, medical, language and culture, children, etc. Obtain investigative information from victims
Successful Coordination Anti-trafficking efforts as a continuous learning experience and a working project Differences between agencies addressed promptly & effectively with every agency participating Press releases recognizing that fact that HTRA is a group effort In Human Trafficking investigations, there is no place for egos or turf
BJA Human Trafficking Task Forces (32) Anchorage Seattle Multnomah County FY 2005 San Francisco Oakland San Jose Colorado St. Paul Connecticut Milwaukee New York City Chicago New Jersey Indianapolis St. Louis District of Columbia Boston Suffolk County, NY Nassau County, NY Los Angeles Hawaii San Diego Phoenix El Paso Cobb County Atlanta American Samoa Austin Harris County Lee County Collier County Miami - Dade
Cases Prosecuted
Need Laws, Training, & Expectations
Federal Backstop US v Hardbody Norris Harrison Victims sought help from local police Local charges insufficient to keep defendant detained More women victimized Federal charges now have detained defendant (trial pending)
CONCLUSION
Result: Successful Prosecutions United States v. Carreto Family Operated Sex Trafficking Ring Between Mexico and New York City Romance, Psychological Manipulation, Rapes, Physical Beatings Raided Apartments, Rescued Women, NGO Participation 50 Year Sentences for Carreto Brothers Informed Development of US/Mexico Collaborative Efforts
Result: Empowered Survivors
Result: Restoration Strategies Victim-centered investigations/prosecutions State/local/federal task forces Close relationships with NGOs Results Successful federal prosecutions Protection for victims