THE NATIONAL JUDICIAL COLLEGE

Transcription

1 THE NATIONAL JUDICIAL COLLEGE E DUCATION I NNOVATION A DVANCING J USTICE HUMAN TRAFFICKING: WHAT UTAH 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 Utah 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 Utah s human trafficking statutory provisions to one or more case studies. REQUIRED READING: PAGE Terry Coonan, Human Trafficking: What Utah Judges Need to Know (Sep. 2013) [NJC PowerPoint]...1 S&I: HUMAN TRAFFICKING: WHAT UTAH JUDGES NEED TO KNOW WB/KZ SEPTEMBER 11, 2013 RENO, NV

2 Human Trafficking: What Utah 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 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 Natasha Trade Emerges in Eastern Europe The U.S. is one of the most popular destinations for human trafficking. 1

3 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 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 2

4 Organized Crime It s Here in the United States After drug trafficking, human trafficking is the most lucrative business for organized crime Unlike drugs, humans can be resold again and again FBI Arrest 150 in 3 Day Sex Trafficking Sweep (July 29, 2013) It s Here in Utah Reported Utah Cases Cases reported of: Sex trafficking of foreign nationals Sex trafficking of U.S. minors Labor trafficking of foreign nationals U.S. and Utah Trafficking Trends and Cases 3

5 U.S. Sex Trafficking Trends (1) Agricultural Brothels 1. Agricultural brothels 2. Massage parlors 3. Internet based prostitution 4. Domestic minor sex trafficking (1) Agricultural Brothels The Waiting Room Cater to migrant male customers (farmworkers, construction workers, etc) Bulk prostitution operations Victims often paying off smuggling debts Victims are moved frequently The Work Station Tools of the Trade 4

6 Cash Intensive Operations Victim Belongings (2) Massage Parlors 2012 Campbell Case (Chicago) Campbell Case (Chicago) Businessman Alex Campbell 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 5

7 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 Campbell Case (cont.) Campbell given life sentence in 2013 Judge cites the brutality of the exploitation and lifelong scars victims will bear Defense Attorney Douglas Rathe One of the Clients Identified in court by Ukrainian victim Explained he had only received massages 2012 Rico Reiki Sex Trafficking Case Salt Lake City 2012 Rico Reiki Sex Trafficking Case Salt Lake City 6

8 2012 Rico Reiki Sex Trafficking Case Salt Lake City Organized crime family from Mexico maintains forced prostitution ring in multiple US cities 2012 Rico Reiki Sex Trafficking Case Salt Lake City Women and girls smuggled into the US and forced to work off smuggling debts performing sex acts in massage parlors Girls as young as 14 exploited in Salt Lake City Rico Reiki massage parlors (Salt Lake City, Millcreek, South Salt Lake) 2012 Rico Reiki Sex Trafficking Case Salt Lake City 2012 Rico Reiki Sex Trafficking Case Salt Lake City 2012 Rico Reiki Sex Trafficking Case Salt Lake City Tip from the Hispanic community launches 8 month undercover operation Investigation accelerated when presence of underage victims discovered 20 + female victims identified... Were in the U.S. without legal status... Told their families in Mexico would be killed if they did not pay back their smuggling debts 2012 Rico Reiki Sex Trafficking Case Salt Lake City Attorney General s SECURE Strike Force (est. 2009) brings down the crime ring In May 2013 massage parlor owner Luis Daniel Arano-Hernandez accepts plea deal and pleads guilty to 1 st degree felony charge of human trafficking Given sentence of 5 years to life 7

9 (3) Internet-based Prostitution Prostitution 20 Yrs Ago: Streetwalking 10 Yrs Ago: Throwaway Newspapers 2013: Internet s Virtual Streetcorner 2013: Internet s Virtual Streetcorner Prostitution and sex trafficking have proliferated through websites (4) Domestic Minor Sex Trafficking Backpage allows 3 rd party users to post ads for $5-$10... Makes over $22 million annually 70% of profits from adult services ads 8

10 Domestic Minor Sex Trafficking Runaway and Throwaway Children: America s Newest Homeless Class Average U.S. age of entry into prostitution is now 13 years old Children are being groomed into prostitution 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 Utah Teen Runaways Salt Lake City has attracted teen runaways for many years. Recent trend indicates children being brought from out of state for prostitution. Utah Teen Runaways August 28, 2013: 2 adults from Las Vegas arrested for transporting a female teen runaway from Nevada to St. George, Utah for online prostitution Domestic Recruiting Locations Schools Juvenile courts Shopping malls Bus stations Leroy Haley Francis Uhrhan 9

11 Glorification of the Pimp Lifestyle DMST Victims The Reality DMST Victims Tattoo Branding by Pimps Before and After Tattoo Branding by Pimps Tattoo Branding by Pimps 10

12 Sporting Events and Sex Trafficking Utah DMST Case (Midvale, 2008) Utah DMST Case (Midvale, 2008) 27 year old Dewayne Hopkins and his 18 year old girlfriend Julia Young charged with sex trafficking of minors Under guise of a modeling business the two recruited women for commercial sex, including girls as young as 15 Girls were paid $100 an hour Utah DMST Case (Midvale, 2008) Hopkins posted girls pictures on Craiglist Johns directed to Best Western Midvale hotel Utah DMST Case (Midvale, 2008) U.S. Labor Trafficking Cases Police conduct undercover sting operation Find recruitment was done by 18 year old female Hopkins pleads guilty to conspiracy to commit sex trafficking of children Given 4 ½ year prison sentence 11

13 U.S. Venues for Labor Trafficking Private Homes Nail salons U.S. Labor Trafficking Cases The largest number of trafficking cases nationwide Farm worker camps Sweatshops Industry Strip clubs Hotels/Resorts Restaurants The largest number of victims Often occur in plain sight Often involve legitimate U.S. businesses Forced Agricultural Labor Evans Case (Florida) Evans Case (Florida) Homeless men and women recruited from public shelters for exploitation on potato and cabbage farms in North Florida Evans (Florida) Were held on isolated farms and plied daily with crack cocaine... Drug costs became the source of debt servitude 12

14 Evans Case (Florida) Trafficker Johnny Evans Investigation begins when EPA detects high level of human feces in St. John River 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 San Destin Hilton Case The Traffickers Eastern European Organized Crime Groups: Florida Panhandle Locations Eurohouse (2 companies) Southern Amenity et al Sigor, Inc. ISS Inc., et al High Quality Services MVA Right Services EBS DarPol & AmPol Maint 13

15 Southeast Locations Labor Trafficking in Industry 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 Workers allege visitors not allowed in camps and that company officials regularly searched their belongings 14

16 Workers who complained were threatened with deportation Utah Forced Labor Cases 2007 Moreno Case Involved trafficking of Latin American men for construction work in Orem 2007 Moreno Case 2007 traffic stop in Orem leads to discovery that Peruvian man had been smuggled to Utah and exploited in Jose Moreno s construction company 2007 Moreno Case Peruvian victim told he owed Moreno $10,000 smuggling debt Was paying it back working 14 hours a day, 6-7 days a week ($2 an hour) Moreno confiscated victim s documents and told him that every yellow car on the street was an immigration officer 2007 Moreno Case Moreno also had the victim join the Mormon Church to better melt in locally Global Horizons Case (south Utah) Utah a part of one of the largest alleged trafficking schemes in U.S. history Investigation reveals that Moreno coowned 16 area homes where migrant workers were housed Moreno pleads guilty to forced labor 15

17 Global Horizons Case (south Utah) 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 (south Utah) 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 then confiscated by Global Horizons Global Horizons Case (south Utah) Thai workers housed in storage containers, kept in isolated locations, and threatened with deportation if they objected Global Horizons Case (south Utah) Groups of Thai workers brought to farms in south Utah on H-2A agriculture visas Company instructed the workers that Americans hated Asians Workers wages were garnished by Global Horizons and supposedly sent to Thailand Circle Four Pig Farms (Milford) Delta Eggs Chicken Farms Global Horizons Case (south Utah) Global Horizons fails to pay Thai workers for almost two months, falsely blaming Circle Four Workers are left without food or money Attorney from Utah Legal Services is contacted and begins advocacy on workers behalf Global Horizons Case (south Utah) Workers and Circle Four sue Global Horizons Global Horizons announces it will no longer provide workers to Circle Four Circle Four learns that Global Horizons had lost its labor certifications for Utah and could not even legally employ people there 16

18 Global Horizons Case (south Utah) Circle Four could not legally employ the workers but provided them with food, clothing and financial assistance Global Horizons Case (south Utah) Utah Legal Services provides victims with pro bono legal assistance and secures T (trafficking) visas to give them legal work authorization Global Horizons Case (south Utah) U.S. Justice Department moves to prosecute Global Horizons and Orian Trafficking Victims Protection Act (TVPA) Comprised largest human trafficking case prosecuted to date in the United States USDOJ abruptly drops all charges in July 2012 with vague explanation it could not prove case beyond a reasonable doubt 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). 17

19 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) Physical Force Not Required Physical force is no longer required Showing of fraud or psychological coercion now suffices TVPA Force Force: physical violence that may take the form of beatings, rape, shootings, starvation, or physical confinement Prosecutors now have new tools to prove up slavery in U.S. courts 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 18

20 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 trafficking visa created by Congress to give victims temporary legal status Victims must be willing to participate in law enforcement investigation The Collaborative Approach The anti-trafficking movement in the United States is made up of a unique partnership: DOJ-Funded HT Task Forces 1) Law Enforcement & prosecutors 2) Non-governmental service providers State Anti-Trafficking Statutes State Anti-trafficking Statutes The past decade has witnessed the enactment of anti-trafficking state laws In spring 2013 Wyoming became the 50 th state to pass human trafficking laws 19

21 Polaris Project Ratings 2013 Utah Statutes (1) An actor commits human trafficking for forced labor or forced sexual exploitation if the actor recruits, harbors, transports, or obtains a person through the use of force, fraud, or coercion by means of: Utah Statutes (a) threatening serious harm to, or physical restraint against that person, or a third person Utah Statutes (c) abusing or threatening abuse of the law or legal process against the person or a third person (b) destroying, concealing, removing, confiscating, or possessing any passport, immigration document, or other government identification document Utah Statutes (d) using a condition of a person being a debtor due to a pledge of the debtor s personal services... as a security for debt where the reasonable value of the services is not applied toward the liquidation of the debt or the length and nature of those services are not... limited and defined; or Utah Statutes (e) using a condition of servitude by means of any scheme... intended to cause a person to believe that if the person did not enter into or continue in a condition of servitude, that person or a third person would suffer serous harm or physical restraint, or would be threatened with abuse of the legal process 20

22 Utah Statutes (2)(a) Human trafficking for forced labor includes forced labor in industrial facilities, sweatshops, households, agricultural enterprises, and any other workplace Utah Statutes (2)(b) Human trafficking for forced sexual exploitation includes forced sexually explicit performance, forced prostitution, forced participation in the production of pornography, forced performance in strip clubs, and forced exotic dancing or display Utah Statutes Penalties (1) Human trafficking for forced labor and... forced sexual exploitation are each a second degree felony Utah Statutes Aggravated Penalties Human trafficking offenses are considered aggravated (1 st degree felonies) when they: * Result in death or serious bodily injury * Result in rape, or rape of a child * Involve 10 or more victims * Involve victims held more than 30 days * Involve a child victim of forced sex or labor Gaps in Utah Statutes Showing of Force, Fraud, or Coercion still required of child victims No civil damages available to victims No Safe Harbor Law for minors No provisions for victims to vacate prostitution convictions Questions? Thank You! Professor Terry Coonan 21