Você está na página 1de 21

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project

FEDER

!"R

TR

FF#C$#%&/F"RCED

!"R

SES #% T'E

U%#TED ST

TES

()))*())+

The following compilation offers a partial list of labor trafficking cases prosecuted in the United States. Although this list is not exhaustive, it is intended to offer an overview of a variety of cases that have been prosecuted over the last decade. Information about labor cases prosecuted in the United States has been compiled directly from a number of sources including the United States epartment of !ustice www.usdo".gov, the #enter for $omen %olicy Studies& U.S. %olicy Advocacy to #ombat Trafficking '%A#T( www.centerwomenpolicy.org, and additional contributions from %olaris %ro"ect&s )ational office. For more information, please contact The National Human Trafficking Resource Center (NHTRC) at 1-888-3 3 -888!

%"TE "% T'E PR"SECUT#"% "F 'U,

TR

FF#C$#%&

SES

It is extremely significant to note that not all cases with trafficking victims are prosecuted using trafficking statutes. On a case by case basis, prosecutors consider several factors in determining what charges to bring, including the specific situation, victim status, the condition of available witness(es), and applicable laws to formulate the best approach for successful conviction. In a number of instances, although the crime of severe forms of human trafficking occurred, it is prosecuted through other crimes committed.

LE&#SL

T#"% F"R

PR"SECUT#"% "F L

!"R

TR

FF#C$#%&

CR#,ES

!his is a list of related statutes to exemplify a few of the many ways labor trafficking"forced labor cases can sometimes be prosecuted. #hile this list is not exhaustive, it can provide a better understanding of the conviction process and methodology.

Trafficking -icti.s Protection ct of ()))/ !$%& legally defined labor trafficking as 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 sub'ection to involuntary servitude, peonage, debt bondage, or slavery. (%ublic (aw )*+,-.+)
Source* United States. +ictims of Trafficking and +iolence %rotection Act of ,---. .-/th #ongress. ,0 1ctober ,---. http*22www.state.gov2documents2organi3ation2.-45,.pdf

Trafficking 0ith Res1ect to Peonage2 Sla3er42 #n3oluntar4 Ser3itude2 or Forced Labor/ makes it unlawful to knowingly recruit, harbor, transport, or broker persons for labor or services through force, fraud, or coercion. (%ublic (aw )*+,-.+)
Source* United States..0 U.S.#. 6 .75-* 8Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor.9.-/th #ongress. ,0 1ctober ,---. http*22www.state.gov2documents2organi3ation2.-45,.pdf

o #n3oluntar4 Ser3itude/ to hold a person in a condition of slavery, that is, a condition of compulsory
Source* U.S. epartment of !ustice. #ivil :ights http*22www.usdo".gov2crt2crim2.70.fin.htm ivision. 8Involuntary Servitude;9*

service or labor against his"her will. & conviction re0uires that the victim be held against his"her will by actual force, threats of force, or threats of legal coercion. ). 1.2.3. 4 )5.6.

o Forced Labor/ passed as part of the !$%&, it is unlawful to provide or obtain the labor or services of a
person through one of three prohibited means/ threats of serious harm to that or another person, by
This 1ublication 0as .ade 1ossible in 1art through &rant %u.ber 5)6R))7(/)( fro. the nti*Trafficking in Persons Di3ision2 "ffice of Refugee Resettle.ent2 U8S8 De1art.ent of 'ealth and 'u.an Ser3ices 9''S:8 #ts contents are solel4 the res1onsibilit4 of the authors and do not necessaril4 re1resent the official 3ie0s of the nti*Trafficking in Persons Di3ision2 "ffice of Refugee Resettle.ent2 or ''S8

%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project means of any plan intended to cause the person to believe if they did not perform the service or labor, that person or another would suffer serious harm, or by means of abuse or threatened abuse of the law or legal process. ). 1.2.3. 4 )5.?.
Source* United States. +ictims of Trafficking and +iolence %rotection Act of ,---. ,, US# <.-. Sec .-,. .-/th #ongress. ,0 1ctober ,---. http*22www.state.gov2documents2organi3ation2.-45,.pdf

o Unla0ful Conduct 0ith Res1ect to Docu.ents in the Furtherance of Trafficking2 Peonage2 Sla3er42
#n3oluntar4 Ser3itude2 or Forced Labor/ to sei@e, destroy, or conceal false or official documents in order to force others to work ). 1.2.3. 4 )5?>.
Source* United States. +ictims of Trafficking and +iolence %rotection Act of ,---. .0 U.S.#. 6 .75, .-/th #ongress. ,0 1ctober ,---. http*22www.state.gov2documents2organi3ation2.-45,.pdf

E;tortion/ the criminal offense of obtaining money or other valuables by compulsion, actual force, or force of motives applied to the will
Source* =exis )exis. >allentine&s =aw ictionary. 8Term* ?xtortion9 .5/5. http/""w-.lexis.com"lawschoolreg"xlinklogin*6.aspA keyB>>6)c>f>)c5ef;-fc;*-b)e*b*6e.*d5CautosubmitByesCsearchB!D:EF>.extortion F>?CtopframeBonCpowernavBonCeB###CO:IGI8&!IO8H3OIDB**>>)CsourceB);*?5*

'arboring an alien/ unlawful acts encouraging an alien to enter or reside illegally in the 1nited 2tates
Source* U.S. epartment of !ustice. istrict of @ansas. 8.. Individuals;9 http/""www.usdo'.gov"usao"ks"press"2ept*;"*?H>).html

'ostage taking/ when a person Jsei@es or detains and threatens to kill, to in'ure or to continue to detain another person in order to compel a third party ... to do or abstain from doing any act as an explicit or implicit condition for the release of a hostageJ
Source* U.S. # #ircuit #ourt of Appeals. Simpson Sandra v S#=ST %eoples =ibyan. ,, April ,--A.
http/""caselaw.lp.findlaw.com"cgi,bin"getcase.plAcourtBdcCnavbyBdocketCnoB*);)?)a/

%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project

L
T<PES "F L
!"R

!"R

TR

FF#C$#%&/F"RCED

!"R

SES

PR"SECUTED #% T'E U%#TED ST

TES

TR

FF#C$#%&

!his compilation of labor cases is sorted by types of labor trafficking/ Iomestic 2ervitude"Iomestic #orkers 2mall Kusiness Operations 9ospitality":estaurants Kars, 8ightclubs, and 2trip 3lubs %eddling"Ioor,to,Ioor"Kegging :ings :esidential Lacilities (&ssisted living) &griculture"Larms (arge Lactory (3anneries, Garment, #elding) &dditional (abor 8iches %ending

D",EST#C SER-#TUDE/D",EST#C ="R$ERS


1nited 2tates v. &lamin and &khter 1nited 2tates v. 2atia and 8an'i 1ntied 2tates v. 2oto,9uarto 1nited 2tates v. 3oleman and Klackwell 1nited 2tates v. (o@oya 1nited 2tates v. Earie and #illie %ompee 1nited 2tates v. !risanti and 8asution 1nited 2tates v. &l,!urki and Mhonai@an 1nited 2tates v. Ibrahim and Eotelib 1nited 2tates v. Eaher and Eahal Nishi 1nited 2tates v. Eubang 1nited 2tates v. &l Nader 1nited 2tates v. Dli@abeth and Names Nackson 1nited 2tates v. Ghenet and Noseph Eesfun 1nited 2tates v. Eaddox and deEaddox 1nited 2tates v. &daobi and 1deo@or 1nited 2tates v. &bdenasser and !onya Dnnassime 1nited 2tates v. 3alimlim C 3alimlim 1nited 2tates v. I'oumessi United States 38 la.in and khter Iefendants 8ur &lamin and :abiya &khter brought a young woman from Kangladesh to the 1nited 2tates to be their housekeeper and nanny, but repeatedly beat and threatened her. &khter was sentenced to more than one year in prison for an immigration violation while &lamin was sentenced to eleven years in prison for involuntary servitude. In >**), both defendants were ordered to pay nearly O)>+,*** to the victim. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S;9

%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project http*22www.centerwomenpolicy.org2programs2trafficking2documents2TraffickingBederal#asesBactSheetCa y,--/.pdf United States 38 Satia and %anji In Iecember >**), a Lederal 'ury in Earyland convicted (ouisa 2atia, age -+, and Mevin #aton 8an'i, age 6*, of 2ilver 2pring, Earyland, of holding a teenage 3ameroonian girl in involuntary servitude and of illegally harboring her in their home as their domestic servant. 2he was physically and sexually abused for several years. !he defendants were sentenced to )*. months in prison and O)*5,-*+.+6 restitution. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S;9 http*22www.centerwomenpolicy.org2programs2trafficking2map2prosecutiondetail.cfmDstateEC F7.

Untied States 38 Soto*'uarto 2even men were sentenced to a combined 5) years in prison for trafficking and forced servitude crimes. Nuan 3arlos 2oto, the ringleader, was sentenced to >- years in prison. &rrested in Earch and &pril >**-, the men trafficked four women from Guatemala, 9onduras, and Dl 2alvador, who had agreed to pay O5*** to be smuggled into the 1nited 2tates. 9owever, once they arrived in the 1nited 2tates, the women were confined in safe houses, where they were forced to cook, clean, and do housework without pay. In addition, they were repeatedly raped by the defendants, who were charged and convicted on federal civil rights violations, extortion, hostage,taking, immigration offenses, involuntary servitude, and human trafficking. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S;9 http/""www.centerwomenpolicy.org"programs"trafficking"map"prosecutiondetail.cfmAstateB!PQ)*United States 38 Cole.an and !lack0ell On Nanuary ., >**-, in Greenbelt, Earyland, defendant Karbara 3oleman,Klackwell was sentenced to five years and three months in prison and Menneth Klackwell, her husband, was sentenced to six months of home detention and three years probation for trafficking and alien smuggling charges. !he defendants conspired to smuggle a Ghanaian woman into the 1nited 2tates for the purpose of using her as an unpaid domestic servant and nanny. Once in the 1nited 2tates, her passport was taken away and hidden from her, she was re0uired to perform manual labor with little or no compensation, and was threatened with deportation and imprisonment if she did not do as instructed by the defendants. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S. ;9 http*22www.centerwomenpolicy.org2programs2trafficking2documents2TraffickingBederal#asesBactSheetCa y,--/.pdf United States 38 Lo>o4a !wo defendants pled guilty to illegal transportation of a young Eexican woman into the 1nited 2tates for domestic servitude. !he Eexican woman and her baby daughter were held in a trailer and abused, and the familyRs neglect to obtain medical assistance for the baby resulted in her death. !he defendants were sentenced on Nune >5, >**- to fifteen years and five years respectively. Source* U.S. epartment of !ustice. 8:eport to #ongress from Attorney General !ohn Ashcroft on U.S. Government ?fforts to #ombat Trafficking in %ersons in Biscal Hear ,--A.9 http*22books.google.com2booksD

%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project idEIT<45llgmhC#IpgE%A,AIlpgE%A,AIdJEUnitedKStatesKv.KSala3arL !uare3IsourceEwebIotsEl57/4phI-:IsigE<MUvGA >l?A5 rwT)o,-rbm%H:wF%%A.,C. United States 38 ,arie and =illie Po.1ee Earried, #illie and Earie %ompee, were charged in Earch >**6 with harboring a minor alien in their 2outh Llorida home from )??+ to )???. !he couple smuggled the child into the 1nited 2tates from 9aiti and then used the child as a household servant. !he victim was allegedly sexually abused by the coupleRs son, #illy %ompee, Nr. #illie and #illy Nr. fled the country in )??? and are currently fugitives. Earie has pleaded guilty to the harboring charge. If convicted, the %ompeeSs each face a prison term of up to )* years and a fine of up to O>5*,*** plus restitution to the victim. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S;9 http*22www.centerwomenpolicy.org2programs2trafficking2map2prosecutiondetail.cfmDstateEB=FAA, Blorida #oalition against Muman Trafficking http*22www.stophumantrafficking.org2Activism.htm United States 38 Trisanti and %asution In >**6, Eariska !risanti and her husband 9erri 8asution, both Indonesian nationals, pleaded guilty in 3alifornia to counts of involuntary servitude, harboring undocumented women in their home, and visa fraud. !he couple recruited two women from Indonesia to (os &ngeles and forced them to work seven days a week for ); or more hours per day. !he couple also threatened the women with physical abuse and 'ail time and provided virtually no compensation for their work. In &ugust >**6, 8asution was sentenced to six months home detention and three years supervised release. In Earch >**5, !risanti was sentenced to 6+ months in prison and a tentative order to pay O>*-,*** in restitution. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S;.9 http*22www.centerwomenpolicy.org2programs2trafficking2map2statelist.cfmD linktypeE7IstatenameE#alifornia

United States 38 l*Turki and $honai>an On Nune ?, >**5, an &urora couple, 9omaidan &l,!urki and 2arah Mhonai@an, were indicted in 3olorado on charges of forced labor, document servitude, and the harboring of an illegal alien. Lrom 2eptember >*** through 8ovember >**6, the couple allegedly held an Indonesian woman in involuntary servitude in their home, where they also sub'ected her to aggravated sexual abuse. !he indictment states that &l,!urki and Mhonai@an also confiscated the victimRs Indonesian passport and 1.2. visa and threatened her with abuse of the law and legal process. If convicted of the forced labor charges, the defendants would face a maximum sentence of life in prison, and a O>5*,*** fine. !he couple is being held in &rapahoe 3ounty on additional state charges Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S;9 http*22www.centerwomenpolicy.org2programs2trafficking2map2statelist.cfmD linktypeE7IstatenameE#olorado United States 38 #brahi. and ,otelib &bdel 8asser Did Toussef Ibrahim and &mal &hmed Dwis,abd Eotelib were indicted in 3alifornia in Lebruary >**5 on charges of involuntary servitude, obtaining services through force and coercion, harboring an illegal alien, and conspiracy. Ibrahim and Eotelib are accused of fraudulently obtaining a visa for a )> year old Dgyptian girl to come to the 1nited 2tates, where they held her in their garage from >*** to >**> and forced
%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project her to work as a domestic servant. !he couple is also accused of threatening and physically abusing the victim and threatening her sister in Dgypt. If convicted of all of the charges in the indictment, Ibrahim and Eotelib each face a maximum sentence of 5* years in prison. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S;9 http*22www.centerwomenpolicy.org2programs2trafficking2map2prosecutiondetail.cfmDstateE#AF0 United States 38 ,aher and ,ahal ?ishi Eaher and Eanal Nishi pleaded guilty on &pril )-, >**5 to harboring 3handra Kulathwatte, an illegal 2ri (ankan alien for the purpose of cheap or free domestic services from &pril >**>,Lebruary >**5. Eaher was sentenced to one year of probation and a fine of O)*,***. Eanal was sentenced to serve one year of probation and O>,5** in fines. Source* U.S. epartment of !ustice. 8#ouple Sentenced in #onnection with @eeping a Sri =ankan $oman in Their Mome for Binancial Gain9 http*22www.usdo".gov2usao2n"2press2files2"ish-<,,Nr.htm United States 38 ,ubang !heresa Eubang, a 3ameroonian national and permanent resident alien of the 1nited 2tates, was convicted of holding a 3ameroonian girl, Dvelyn 3humbow, in involuntary servitude and of harboring her for financial gain. Lrom 8ovember )??+ to Iecember )??., Eubang forced 3humbow to work in her home as a domestic servant, where she took care of EubangRs children and performed household chores without receiving any pay. Eubang also beat 3humbow with a metal broom stick and a cable cord to force her to comply with her orders. On Lebruary >., >**5, Eubang was sentenced to ); U years in prison and was ordered to pay O)**,*** in restitution to 3humbow. 9owever, Eubang fled after her conviction and is currently a fugitive from 'ustice. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S. ;9 http*22www.centerwomenpolicy.org2programs2trafficking2map2prosecutiondetail.cfmDstateEC F7A United States 38 l ?ader On Iecember >), >**+, 2audi &rabian princess 9ana L. &l Nader of #inchester was sentenced to two years of probation, of which after six months she will be deported to 2audi &rabia. 2he was also sentenced to pay O>*+,*** in restitution, a O6*,*** fine, and )** hours of community service. &l Nader was convicted of breaking 1.2. immigration laws by locking up her domesticsR passports and forcing them to work for only O-** per month after submitting falsified documents stating she would pay O),5** per month. Source* $ashington %ost. 8!udge 1rders Saudi %rincess eported9 ,, ecember ,--/. http*22www.washingtonpost.com2wpLdyn2content2article2,--/2.,2,,2A:,--/.,,,---/4.html United States 38 Eli>abeth and ?a.es ?ackson !he 3alifornia defendants were charged with a forced labor conspiracy to compel a former Lilipina school teacher to work as their domestic servant. !he husband, a former 2ony executive, and his wife fraudulently obtained a visa for the victim, who was confined to their home and sub'ected to verbal and physical abuse, humiliation, debt bondage, and other forms of punishment to compel her continued service. !hey also confiscated her passport and return airline ticket. !he victim had previously filed a civil suit in which she was awarded O.>5,***. Source* U.S. epartment of !ustice. 8Attorney General&s Annual :eport to #ongress;Biscal Hear ,--/9 http*22www.usdo".gov2ag2annualreports2tr,--/2agreporthumantrafficing,--/.pdf

%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project United States 38 &henet and ?ose1h ,esfun !he 8ew Nersey defendants, naturali@ed citi@ens from Dritrea, were charged with forcing the victim to work as a domestic servant in their home for over ten years after bringing her to the country from Dritrea. !he victim, who entered the 1nited 2tates on a visitorRs visa that expired in Lebruary )??-, never attended school, does not speak Dnglish, and does not read or write in her native language. In >**-, a relative, in whom the victim was able to confide, reported the situation to authorities. !he defendants were charged with forcing the victim to work every day without a day off, cooking, cleaning, and caring for the children. !he defendants held her passport and paid her O)-* in cash once a month, but deposited the money in an account that she was unable to access. 2he was also allegedly threatened, physically assaulted, and verbally abused repeatedly. Source* U.S. epartment of !ustice. 8Attorney General&s Annual :eport to #ongress;Biscal Hear ,--/9 http*22www.usdo".gov2ag2annualreports2tr,--/2agreporthumantrafficing,--/.pdf United States 38 ,addo; and de,addo; !exas couple Eaddox and deEaddox pleaded guilty and were sentenced to -- months and .6 months in prison and ordered to pay O>.,.>> restitution for smuggling a )>,year,old girl from Eexico to be their baby, sitter and then forcing her into domestic servitude. !he victim was forced to sleep on the floor, was not allowed to attend school and was told she could not return to Eexico. 2he was also physically abused by the wife. !he victim was discovered when the local sheriff was called to the defendantsR residence in response to a reported drug overdose. Source* U.S. epartment of !ustice. 8Attorney General&s Annual :eport to #ongress;Biscal Hear ,--/ http*22www.usdo".gov2ag2annualreports2tr,--/2agreporthumantrafficing,--/.pdf United States 38 daobi and Udeo>or In )??+, &daobi 2tella and George 1deo@or smuggled a )6,year old 8igerian girl into the 1nited 2tates and forced her into domestic servitude in Germantown, Earyland. !he girl was re0uired to perform household chores, work at 2tellaRs office without pay, and was not allowed to attend school. 2he was regularly abused physically, verbally, and sexually as well as threatened with violence and deportation. George 1deo@or remains a fugitiveV however, 2tella 1deo@or was convicted on conspiracy and harboring and sentenced on &pril )., >**+ to serve .; months in prison and pay 'ust over O))*,*** to the victim. Source* U.S. epartment of !ustice. #ivil :ights ivision* #riminal Section. 8Selected #ase Summaries* Muman Trafficking9 http*22www.usdo".gov2crt2crim2selcases.htmFhumantrafficking United States 38 bdenasser and Ton4a Ennassi.e & Eoroccan couple in #ashington state pleaded guilty after being charged with forced labor and concealing and harboring an alien for holding their niece as a slave. In exchange for lodging and the chance for a good education, the victim cared for the defendantsR young son, prepared breakfast and dinner, performed household cleaning chores, and worked weekends and summers without pay at the defendantsR espresso stand. #hen the defendants learned of the victimRs complaints of mistreatment, they assaulted her, threatened to report her illegal status in the 1nited 2tates, withdrew her from school, and forced her to work longer hours at the espresso stand without pay. In 2eptember >**+, they were ordered to pay O+5,>>+.+5 restitution to the victim and one was sentenced to six months of electronic home detention, >6* hours of community service and three years of probation. !he other was sentenced to ?* days of electronic home detention, +* hours of community service, and three years of probation. Source* U.S. epartment of !ustice. 8Attorney General&s Annual :eport to #ongress;Biscal Hear ,--/9
%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project http*22www.usdo".gov2ag2annualreports2tr,--/2agreporthumantrafficing,--/.pdf, Seattle $eekly, 8Tall Americano;9 http*22www.seattleweekly.com2,--<L-.LA.2news2tallLamericanoLholdLtheLpaycheck.php United States 38 Cali.li. @ Cali.li. On Earch )+, >**5, a #isconsin couple and medical doctors, Nefferson 8. 3alimlim and Dlnora E. 3alimlim, were indicted on charges of human trafficking and harboring an alien for the purpose of private financial gain. !he coupleRs son, Nefferson, Nr., also was charged with harboring an alien for financial gain and making false material statements to federal officials. !he indictment alleges that from )?.5 through 2eptember >**6, the couple used psychological harm and threats of serious harm and physical restraint to coerce a Lilipina woman to serve as a domestic worker in their home. !he victim took care of their children, cleaned the house, and prepared the familyRs meals. 2he was not able to communicate with anyone outside the home and could not leave the residence without supervision. !he defendants promised the woman they would keep her salary in an account, but the woman did not have access to the account or know where it was kept. On 8ovember )+, >**+, the defendants were sentenced to serve four years in prison. On Lebruary )6, >**;, the defendants were ordered to pay the victim over O?**,*** in restitution. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S;.9 http/""www.centerwomenpolicy.org"programs"trafficking"map"prosecutiondetail.cfmAstateB#IQ)-* United States 38 Djou.essi Noseph and Dvelyn I'oumessi, a couple who are 3ameroonian nationals and permanent resident aliens of the 1nited 2tates, were charged in a three count indictment in Eichigan with forcing a fourteen year old 3ameroonian girl into involuntary servitude as an unpaid domestic servant in their Eichigan home for almost four years. !he couple abused the girl physically and sexually. On Eay -), >**;, the couple was sentenced to >). months and +* months respectively and O)**,*** for involuntary servitude and restitution. Source* U.S. epartment of !ustice* AntiLTrafficking )ews >ulletin Summer2Ball ,--< http*22www.usdo".gov2crt2crim2traffickingNnewsletter2augN-<.htmF< , 8Muman Trafficking and CodernLday Slavery;9http*22gvnet.com2humantrafficking2#ameroon.htm

S,

LL

!US#%ESSES "PER

T#"%S

1nited 2tates v. :eddy 1nited 2tates v. Kradley C ORIell 1nited 2tates v. Eaka 1nited 2tates v. Iu%ree@ United States 38 Redd4 In Earch >**), (akireddy Kali :eddy was found guilty of bringing at least >5 undocumented immigrants and minors to the 1.2. for immoral sexual purposes since )?.+. :eddy brought undocumented immigrants to the 1nited 2tates to have sex with him and to work for little or no pay in multiple businesses and apartments. !he victims were culturally and socially isolated, as well as sexually abused. :eddy put his victims in a situation where for many years they were unable to learn their rights and did not reali@e what freedom meant. !he victims and survivors of this case were scared of :eddyRs power and were unaware of how &merican law could protect them. :eddy was sentenced to ?; months in prison and ordered to pay O>,***,*** restitution to the victims. 9is son was sentenced to one year home detention, five years probation, and -** hours of community service. 9e was also ordered to pay a O>*,*** fine in connection with his fatherRs trafficking ring.

%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project Sources* #enter for $omen %olicy Studies. 8?nacted =aws by State.9 http*22www.centerwomenpolicy.org2programs2trafficking2map2statelist.cfmD linktypeE7IstatenameE#alifornia O U.S. epartment of !ustice. 8Bact Sheet* $orker ?xploitation.9 http*22www.usdo".gov2opa2pr2,--.2Carch2.,/cr.htm O Alliance of South Asians Taking Action. 8=akireddy;9 http*22www.asata.org2node2.44 United States 38 !radle4 @ "ADell On Nanuary )+, >**6, !imothy Kradley and Mathleen ORIell were each sentenced to five years and ten months in federal prison after being convicted on charges of forced labor, human trafficking, document servitude, wire fraud, and conspiracy. Kradley and ORIell were also ordered to pay the victims O)-,*5> in restitution and Kradley was ordered to pay a fine of O)>,5**. In >*** and >**), Kradley and ORIell recruited four Namaican citi@ens to work for KradleyRs tree cutting business in 8ew 9ampshire. Once the four men arrived in the 1nited 2tates, however, Kradley and ORIell used threats and physical harm to coerce the men to work, confiscated the menRs passports, and severely restricted their ability to travel. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S. ;9 http*22www.centerwomenpolicy.org2programs2trafficking2map2statelist.cfmD linktypeE7IstatenameE)ewP,-Mampshire United States 38 ,aka In Iecember >**6, (ueRleni Eaka, a landscape maintenance contractor and rock wall builder in 9awaii, was convicted on -6 counts, including involuntary servitude, forced labor, trafficking, document servitude, and alien smuggling. Eaka was found guilty of transporting !ongan men to 9awaii, where he forced them to work in his businesses six days a week for longer than )> hours per day. !he defendant also beat the men and forced them to live in shacks on his pig farm, where he restricted their movements and hunted escapees. 2entence is pending as of Lebruary )5, >**+. Source* United States epartment of !ustice. 8Appendix II* Muman Trafficking #ases, Biscal Hears ,--.L,--7.9 %.0- http*22www.usdo".gov2crt2crim2appendices.pdf United States 38 DuPree> In Georgia, five defendants were charged in connection with a scheme to bring aliens, primarily from 2outh &frica, into the 1nited 2tates illegally and to provide them with employment at their granite and marble business. Once in the 1nited 2tates, the victims resided in apartments leased by the granite company, and they were induced to provide labor for cash or for credit against the cost of their rent, furniture, utilities, and visa applications. !he defendants threatened to report the victimsR illegal status to the immigration authorities as a means of keeping them under their employment. Lour defendants pleaded guilty to conspiring to harbor aliens and were sentenced to terms of incarceration ranging from >6 to )*. months. In addition, Nohannes Iu%ree@ was ordered to pay O-+-,5;?.6* restitution to the I:2 and to pay a O5*,*** fine, while Lrancis@ka Iu%ree@ was ordered to pay O).>,*-+ restitution to the I:2. & fifth defendant who pleaded guilty was sentenced to eight months home confinement and fined O>,***. Source* U.S. epartment of !ustice. 8Attorney General&s Annual :eport to #ongress;Biscal Hear ,--/9 http*22www.usdo".gov2ag2annualreports2tr,--/2agreporthumantrafficing,--/.pdf

%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project

'"SP#T

L#T</REST UR %TS

1nited 2tates v. %hu 1nited 2tates v. Larrell United States 38 Phu In Nune >**5, 9in Mhai %hu, &lan %hu, Miu !ai %hu, and (isa %hu were indicted on a number of charges in connection with their scheme to recruit Eexican citi@ens to work in several restaurants in !exas for )> hours a day, + days a week at less than minimum wage. &lan and (isa %hu also allegedly harbored the Eexican workers in dormitory,style rooms, restricted their movements inside and outside the house, and forced them to clean the house and do yard work. In addition, they threatened the workers with their illegal status, stating that they could be arrested and"or deported if they were discovered by authorities. &ll four defendants are charged with conspiracy and harboring illegal aliens for commercial advantage and financial gain. &dditionally, 9in Mhai and &lan %hu are each charged with inducing a foreign national to enter the 1nited 2tates illegally and smuggling illegal aliens for commercial advantage and financial gain. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S. ;9 http*22www.centerwomenpolicy.org2programs2trafficking2map2prosecutiondetail.cfmDstateETQF.-A United States 38 Farrell :obert Nohn Larrell and his wife, &ngelita Eagat Larrell, owners of a 3omfort Inn C 2uites hotel in Oacoma, 2outh Iakota, were sentenced in Lebruary >**. for peonage, document servitude, visa fraud, making false statements and conspiracy. :obert Nohn Larrell was sentenced to 5* months of imprisonment. &ngelita Eagat Larrell was sentenced to -+ months of imprisonment. Dach defendant also was ordered to pay a O)5,*** fine and will be placed on three years of supervised release following their respective prison terms. !he 'ury heard from four victims who had been held in involuntary servitude by the LarrellRs. &fter committing visa fraud to bring Lilipino workers into the 1nited 2tates, the LarrellRs then forced the workers to perform cleaning and front desk duties at their hotel as well as at local fast food restaurants. !he victims described how the LarrellRs controlled every aspect of the victimsR lives, including what they ate, where they lived, and the hours they worked. !he LarrellRs hid their activities by issuing the victims paychecks, which the LarrellRs then re0uired the victims to endorse and return to the LarrellRs. !he victims testified that they had hoped to send money back to their children and families in the %hilippines. Source* U.S. epartment of !ustice* 8South akota Motel 1wners Sentenced;9 http*22www.usdo".gov2opa2 pr2,--02Bebruary2-0NcrtN.A5.html

%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project

RS2

%#&'TCLU!S2

%D

STR#P CLU!S

1nited 2tates v. $irchenko 1nited 2tates v. 2ardar and 8adira Gasanov 1nited 2tates v. Eolina 1nited 2tates v. Mang 1nited 2tates v. !rakhtenberg 1nited 2tates v. Gouw and Momala 1nited 2tates v. Eaksimenko and &ronov 1nited 2tates v. %rokopenko 1nited 2tates v. Eedrano 1nited 2tates v. Eondragon 1nited 2tates v. 3hang United States 38 -irchenko In Iecember >***, three defendants approached nine young female :ussian folk dancers with an offer to perform at cultural festivals in the 1nited 2tates. !he defendants also told the women that they might perform in exhibitions similar to the type of dancing done in (as $egas shows. #hen the women arrived in &laska, the defendants took their passports, visas, and return plane tickets to :ussia, and told the women that they had to perform as exotic dancers in two strip clubs in &nchorage. !he women were not permitted to talk to customers and were always accompanied by one or more of the defendants. On Nune )-, >**), the defendants pled guilty to violating the Eann &ct and related charges. Source* United States epartment of !ustice. 8Appendix II* Muman Trafficking #ases, Biscal Hears ,--.L,--7.9 http*22www.usdo".gov2crt2crim2appendices.pdf United States 38 Sardar and %adira &asano3 In Eay >**>, the GasanovRs were sentenced to five years (+* months) in prison, followed by three years of supervised release, and ordered to pay O5)+,)5> in restitution for trafficking women from 1@bekistan into the 1nited 2tates and forcing them to work in strip clubs and bars in Dl %aso, !exas. &fter the trafficked womenRs documents were found in the coupleRs possession, they also were charged and convicted with conspiring to confiscate documents in furtherance of trafficking. !he GasanovRs had fraudulently obtained visas for the women by pretending they were research scientists who would be working at the 1niversity of !exas at Dl %aso. !he couple had enticed the trafficked women with promises of modeling 'obs and the possibility of bringing family members into the 1nited 2tates. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S. ;9 http/""www.centerwomenpolicy.org"programs"trafficking"map"prosecutiondetail.cfmAstateB!PQ)*United States 38 ,olina On Nanuary -, >**-, six defendants were sentenced in connection with a trafficking scheme that brought young women from 9onduras into !exas, where they were sent to work in Lort #orth bars and nightclubs. !he women were kept in apartments and houses where guards were posted to keep track of the women and to monitor their conversations. Iino &ntonio Eolina, Iilicia 2uyapa &guilar,Galindo and Dna 2usana &guilar, Galindo were each sentenced to 5> months in prison after pleading guilty to one count each of conspiracy to smuggle, transport, and harbor illegal aliens. Earia Ie (os &ngeles Galindo,3arrasco was sentenced to -6 months in prison for the same charge. !he other two defendants, Earco &ntonio 2anche@ and 2teven Llores, were sentenced to +- months in prison and >; months in prison, respectively, for their roles in the
%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project scheme. & separate indictment charged four additional defendants W 2uyapa 9errera,Ordone@, Earia Kelinda,9errera, 3onstancio Lrias,3arrillo, and Isabel 9ernande@,Eoreno W with conspiracy to harbor aliens. &s a result of the investigation in &ugust >**>, nine trafficked women were taken into I82 custody. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S. ;9 http/""www.centerwomenpolicy.org"programs"trafficking"map"prosecutiondetail.cfmAstateB!PQ)*-

United States 38 $ang !he Mangs, a Morean couple, lured Morean women to 8ew Tork 3ity with promises of good 'obs as hostesses in their nightclub, but then sub'ected them to rapes and physical abuse, held them for repayment of a debt of approximately O)*,***, and attempted to force them into prostitution. On 8ovember )., >**5, the Mangs pled guilty to forced labor. In October >**5, five other defendants, including two Iepartment of 9omeland 2ecurity employees, pled guilty to alien smuggling, conspiracy to obstruct 'ustice, and obstruction of 'ustice. !hree defendants received prison terms of )>* months and a fourth defendant was sentenced to -- months in prison. !wo additional defendants were sentenced to three and four years probation respectively and the seventh defendant was sentenced to time served. !wo defendants were also ordered to pay O.5,?;+ restitution to the victims. Source* U.S. epartment of !ustice* Muman Trafficking #ases http*22www.usdo".gov2crt2crim2appendices.pdf, U.S. epartment of !ustice. 8Attorney General&s Annual :eport to #ongress;Biscal Hear ,--/9 http*22www.usdo".gov2ag2annualreports2tr,--/2agreporthumantrafficing,--/.pdf United States 38 Trakhtenberg (ev !rakhtenberg, of Krooklyn, 8T, pleaded guilty on Iecember ), >**6 to charges of conspiracy to commit forced labor, visa fraud, and immigration violations. !rakhtenberg and his wife, $iktoriya IRlina, were charged under the same indictment in &ugust >**>. !rakhtenberg admitted his involvement in a conspiracy to induce more than >5 women to travel from :ussia to the 1nited 2tates, where they were forced to work in strip clubs six days a week and to pay large sums of money to !rakhtenberg and his co,conspirators. In Earch >**5, !rakhtenberg was sentenced to 6> months in prison and was ordered to pay O)*,*** in restitution for extortion. In Nune >**5, he was sentenced to +* months (5 years) in prison for the forced labor charges and was ordered to pay O++,-.* in restitution to the victims. !he two prison sentences will run concurrently. !rakhtenberg also forfeited O>5,5;5 in assets that authorities sei@ed from his home in >**>. In connection with the case, 2ergey Ealchikov pleaded guilty to the same charges and was scheduled to be sentenced Nanuary >., >**5. Koth defendants face a maximum penalty of five years in prison and a O>5*,*** fine. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S. ;9 http*22www.centerwomenpolicy.org2programs2trafficking2map2prosecutiondetail.cfmDstateE)!F<, United States 38 &ou0 and $o.ala In &pril >**5, 9ans Gouw and 9ar'anto Momala pled guilty to charges of conspiracy to commit sex trafficking for their roles in a scheme to recruit young Indonesian women ,, some as young as )5 ,, to work in the 1nited 2tates as exotic dancers and prostitutes. Gouw admitted that he confiscated the womenRs passports and monitored their movements in the house in which they lived in order to ensure that the women would work for him for at least one year. Gouw also pled guilty to charges of conspiracy to commit immigration fraud,

%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project conspiracy to commit identification document fraud, and money laundering. Gouw and Momala were scheduled to be sentenced in Nuly >**5V information on sentencing was unavailable as of &ugust )5, >**5. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S. ;9 http/""www.centerwomenpolicy.org"programs"trafficking"map"prosecutiondetail.cfmAstateB$&Q)>6 United States 38 ,aksi.enko and rono3 and United States 38 Proko1enko United States v. Caksimenko Lollowing the escape of exotic dancers who sought the assistance of federal law enforcement, &leksandr Eaksimenko and Eichail &ronov were indicted in Lebruary >**5 on charges of forced labor. !he defendants had recruited :ussian and 1krainian women to travel to the 1nited 2tates, only to hold them in a condition of servitude in strip clubs in southeastern Eichigan. Investigation revealed at least nine women who were held in forced labor by the defendants since >**) through threats, force, and rape. On 2eptember ., >**5, &ronov pled guilty to conspiracy to violate the )-th &mendmentRs prohibition against slavery, immigration conspiracy, and money laundering conspiracy. &ronov was sentenced to ?* months in prison and over O) million in restitution, as well as over O+**,*** for conspiracy. EaksimenkoRs wife, mother, and stepmother pled guilty to conspiracy to obstruct 'ustice in the wake of the menRs arrest. Source* U.S. epartment of !ustice* Muman Trafficking #ases http*22www.usdo".gov2crt2crim2appendices.pdf United States v. %rokopenko !wo 1krainian men, Dvgeny %rokopenko and &lesander Kondarenko, pled guilty to visa fraud for their involvement in the trafficking scheme. In >**6, %rokopenko and Kondarenko, who were diversity visa holders, agreed to engage in false marriages with two of the dancers in order to smuggle them into the 1nited 2tates on behalf of Eaksimenko and %rokopenko. In Lebruary >**+, Kondarenko was sentenced to 6 months incarceration for his limited involvement in the scheme. 2entencing for the remaining defendants who have pled guilty)* is pending as of Lebruary )5, >**+. Source* U.S. epartment of !ustice* Muman Trafficking #ases http*22www.usdo".gov2crt2crim2appendices.pdf United States 38 ,edrano 2ixteen defendants were charged with conspiracy to commit forced labor and multiple counts of forced labor and alien smuggling. Keginning in &pril >**-, the defendants allegedly recruited 9onduran women and girls to come to the 1nited 2tates with promises of restaurant 'obs. Once the women were smuggled into the 1nited 2tates, they were brought to 8ew Nersey, where the defendants confined them in safe houses, forced them to dance with men in bars, and encouraged them to engage in prostitution to pay inflated smuggling debts. On 8ovember )+, >**5, defendant Pochil 8ectalina :osales Eartine@ entered a guilty plea to conspiring to commit forced labor based on her involvement in this matter. 2entencing of :osales Eartine@, and trial of the remaining defendants, is pending as of Lebruary )5, >**+. Source* U.S. epartment of !ustice* Muman Trafficking #ases http*22www.usdo".gov2crt2crim2appendices.pdf United States 38 ,ondragon 2ix of eight defendants in !exas have pleaded guilty in a conspiracy where women were trafficked into the 1nited 2tates from 9onduras and Dl 2alvador and forced to work in bars in 9ouston, !exas. !he defendants threatened to harm the women and their families if they tried to escape or stop working in the bar. !hey also
%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project used the immigration courts to control the victims by telling the women to report to immigration authorities and then confiscating legal documents denying them access to the court. !his resulted in deportation orders the defendants could hold over them. !he women were charged smuggling fees ranging from O+,*** to O)6,***, that were increased by extending credit to the women and girls for housing, food, clothing, transportation, and money sent home to their families. !he women were expected to reduce their debts by keeping company with male bar patrons, and encouraging them to buy beer and li0uor at high prices, and to submit to sexual contact with the patrons. &lmost ?* victims have been identified and are receiving assistance. Source* U.S. epartment of !ustice. 8Attorney General&s Annual :eport to #ongress;Biscal Hear ,--/9 http*22www.usdo".gov2ag2annualreports2tr,--/2agreporthumantrafficing,--/.pdf United States 38 Chang On October )., >**+, 2ung Kum 3hang was sentenced to ten years in prison followed by three years supervised release and O-;,*** restitution. 9e pleaded guilty to conspiracy, forced labor, and asset forfeiture. Iefendant 9yuang Myung 3hang pleaded guilty to aiding and abetting the employment of unauthori@ed aliens, and is to be sentenced at a later date. !he defendants smuggled Morean women into the country and forced them to work as hostesses in their night club against their will. !he defendants used various methods to control the women, including document confiscation, debt obligation, isolation techni0ues and constant surveillance. !heir scheme was disrupted when one of the women escaped from a second story window and sought help from a Good 2amaritan. Source* U.S. epartment of !ustice AntiLTrafficking )ews >ulletin ecember ,--/. http*22www.usdo".gov2crt2 crim2traffickingNnewsletter2antitraffnewsNdec-/.pdf

%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project

PEDDL#%&/ D""R*T"*D""R/!E&&#%& R#%&S


1nited 2tates v. %aoletti,(emus United States 38 Paoletti*Le.us On 2eptember >;, >**+, defendants :enato %aoletti,(emus and Nose %aoletti,Eoreda were sentenced to )*5 months in prison for their guilty pleas to extortion, for forcing do@ens of deaf Eexicans to sell trinkets on the 8ew Tork subways nearly ten years ago. !he defendants were extradited to the 1nited 2tates following incarceration in Eexico for their role in this case. %reviously, eighteen of their co,defendants pled guilty to recruiting and smuggling approximately sixty Eexican aliens, who were both deaf and unable to speak, to the 1nited 2tates with the promises of good 'obs and for the purpose of exploiting and abusing them for profit. !he Eexican aliens were forced to work under conditions of servitude peddling key chain trinkets on the streets and subways of 8ew Tork 3ity. 2eventeen defendants were sentenced to terms of incarceration ranging from )) to )+. months and one defendant was sentenced to 5 years probation. Source* AntiLTrafficking )ews >ulletin ecember ,--/. http*22www.usdo".gov2crt2crim2traffickingNnewsletter2 antitraffnewsNdec-/.pdf

RES#DE%T#

C#L#T#ES

SS#STED

L#-#%&:

1nited 2tates v. Maufman United States 38 $auf.an Lor more than >6 years, &rlan and (inda Maufman operated !he Maufman 9ouse in 8ewton, Mansas. Iisguised as a treatment home for mentally ill patients, the MaufmanRs forced and coerced patients to engage in sexually explicit acts and manual labor through threats, force, manipulation, and abuse. On Nune )5, >**5, charged the MaufmanRs with conspiracy, forced labor, involuntary servitude, health care fraud, mail fraud, and criminal forfeiture. &rlan Maufman was sentenced to -* years and (inda Maufman was sentenced to seven years in prison. Source* U.S. epartment of !ustice. #ivil :ights ivision* #riminal Section. 8Selected #ase Summaries* Muman Trafficking.9 http*22www.usdo".gov2crt2crim2selcases.htmFhumantrafficking

%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project
&R#CULTURE/F R,S

1nited 2tates v. Eichael &llen (ee 1nited 2tates v. Garcia 1nited 2tates v. :amos Oswaldo :amire@ v. NK Larm (abor 3ontractor United States 38 ,ichael llen Lee Eichael (ee was the leader of the (ee Operation which subcontracted farmers in 3entral and 2outhern Llorida to find farm workers to harvest fruit. (ee, along with his conspirators, recruited homeless and drug addicted men who became indebted to him for items such as rent, food, cigarettes, and alcohol. !his caused the workers to incur debts that they could not conceivably repay. Iefendant (ee then used that indebtedness, as well as force and the threat of force, to compel the workers through a climate of fear to stay and work harvesting crops against their will. #orkers were coerced to continue work against their will by this debt, force, and threats of force. On &ugust >), >**) (ee was sentenced to a term of 6. months and three years of supervised release. Source* U.S. epartment of !ustice. United States #ourt of Appeals for the ?leventh #ircuit. http*22www.usdo".gov2crt2briefs2michaellee.pdf, http*22www.usdo".gov2crt2briefs2michaellee.pdf United States 38 &arcia In >**>, Earia Garcia, a labor contractor from the Kuffalo area, and five other defendants were charged in an ).,count indictment for their participation in a scheme to recruit undocumented migrant workers from Eexico and hold them in conditions of involuntary servitude. !he charges included conspiracy, trafficking workers into forced labor, transporting and harboring aliens, and violating provisions of the Eigrant and 2easonal #orker %rotection &ct. Garcia and the other defendants forced the migrant workers to perform agricultural work in western 8ew Tork and threatened them with physical harm, deportation, and arrest if they did not cooperate. !his was one of the first cases brought under the forced labor and trafficking provisions of !$%&. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S. ;9 http/""www.centerwomenpolicy.org"programs"trafficking"map"prosecutiondetail.cfmAstateB8TQ?United States 38 Ra.os In >**>, :amiro :amos and his brother, Nuan :amos, were convicted of conspiring to hold workers in involuntary servitude and of harboring undocumented workers. !he :amos brothers transported undocumented Eexican citi@ens to Llorida to work for citrus growers. !he Eexican citi@ens were then forced to work until they paid off their debt and were threatened with violence if they left before that time. Koth brothers were sentenced to )5 years in prison, fined O>*,***, and ordered to forfeit their property valued at over O- million. !he brothers originally were tried and received lesser sentences in >**>. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S. ;9 http*22www.centerwomenpolicy.org2programs2trafficking2map2statelist.cfmD linktypeE7IstatenameEBlorida "s0aldo Ra.ire> 38 ?! Far. Labor Contractor 3alifornia asparagus harvesters, numbering in the hundreds, were forced to harvest the high,priced vegetable in substandard conditions for virtually no pay on the property of $ictoria Islands, an internationally known asparagus grower, during the >*** growing season. 9ired by NK Larm (abor 3ontractor, the workers,
%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project recruited mostly from Eexico, were powerless to stop the huge deductions for transportation and other debts the employer deducted from their weekly paychecks. In Nuly >**>, a civil case filed by :amire@ against NK Larm (abor 3ontractor was settled with defendants $ictoria Island Larm, ((% to pay O56+,?+? and N.K. Larm (abor 3ontractor to pay O)**,***. !he total settlement amounts include restitution, penalties, interest and attorneysS fees and costs. Sources* Muman :ights #enter, University of #alifornia, >erkeley. Breedom enied* Borced =abor in #alifornia. 8The #ase against +ictoria Island Barms2!> Barm =abor #ontractor;9 Bebruary ,--7. http*22www.hrcberkeley.org2pdfs2freedomdenied.pdf , Talamantes +illegas #arrera, ==%. The $ork. 8+ictoria Island Barms9 A !uly ,--,. http*22www.talamantes.org2work.html

%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project

R&E

CT"R<

9C

%%ER#ES2

&

R,E%T 2

=ELD#%&:

1nited 2tates v. Mil 2oo (ee 1nited 2tates v. Xavala and Ibane@ D0ual Dmployment Opportunity 3ommission v. Nohn %ickle 3ompany, Inc United States 38 $il Soo Lee On Lebruary >), >**-, Mil 2oo (ee was found guilty of involuntary servitude, extortion, and money laundering in &merican 2amoa, 9awaii. (ee recruited over >** workers from 3hina and $ietnam for a garment factory. &fter paying fees to work at the factory, the victims were threatened with arrests, deportations, food deprivation and beatings and confined trafficked victims to a fenced,in compound. (ee was sentenced to 6* years in prison and in the previous year, a manager and garment worker at the factory were sentenced to six years and four years in prison, respectively. Source* #enter for $omen %olicy Studies. 8Bact Sheet on Bederal %rosecutions of Trafficking #ases in the U.S. ;9 http*22www.centerwomenpolicy.org2programs2trafficking2documents2TraffickingBederal#asesBactSheetCa y,--/.pdf United States 38 Ba3ala and #bane> & husband and wife pleaded guilty to conspiracy to commit forced labor, document servitude, and recruiting, harboring, transporting, and housing undocumented workers, engaging in extortionate credit transactions, and transferring false alien registration cards. Ketween Nune ), )???, and Nune >), >**6, Xavala and Ibane@ orchestrated a scheme to illegally obtain visas for %eruvian aliens seeking to come into the 1nited 2tates. !he defendants charged the aliens a smuggling fee ranging from O+,*** to O)-,***. Ky confiscating their passports and threatening to turn them over to authorities, the defendants compelled the aliens to perform work in factories for them and other employers. !he defendants kept most of their paychecks, leaving the aliens with approximately O5* or less per week on which to live and support their families. Eore than +* %eruvian illegal aliens, including )- children, who were living in cramped and s0ualid conditions, were granted continued presence and are receiving services through a nongovernmental organi@ation. &s part of their guilty pleas, the defendants agreed to forfeit a residence valued at O);5,*** and bank accounts containing approximately O-*,*** generated through their crimes. Xavala was sentenced to )5 years of incarceration and Ibane@ was sentenced to )) years in prison. !he investigation was initiated based upon information from an 8GO trafficking victims group and subse0uent interviews of victims conducted by I3D. !his case was prosecuted by attorneys in the 3ivil :ights Iivision and the 1.2. &ttorneyRs Office in the Dastern Iistrict of 8ew Tork. Source* U.S. epartment of !ustice. 8Attorney General&s Annual :eport to #ongress;Biscal Hear ,--/9 http*22www.usdo".gov2ag2annualreports2tr,--/2agreporthumantrafficing,--/.pdf ECual E.1lo4.ent "11ortunit4 Co..ission 38 ?ohn Pickle Co.1an42 #nc !he D0ual Dmployment Opportunity 3ommission (DDO3) charged a !ulsa, Oklahoma,based oil industry parts manufacturer, Nohn %ickle 3ompany (N%3), with recruiting foreign employees to the 1nited 2tates with assurances they would work under conditions similar to those of &mericans. 9owever, Indian witnesses testified at trial to being deceived by N%3 and that once they arrived, the workers had their identification and immigration documents confiscated by N%3, were crammed into a warehouse dormitory, and only paid between O).** and O-.); per hour (while non,Indian employees of N%3 were paid approximately O)6.** per hour for performing the same type of skilled work). Keginning in October >**), the Indian workers were
%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project forced to live behind the gates of the company until escaping from the facility in Lebruary >**> with the aid of area churches. !he 'udge ruled that N%3 was responsible for sub'ecting the Indian workers to fraud and deceit, inade0uate pay, sub,standard living conditions, false imprisonment, lockdowns with an armed guard, phone tapping, food rationing, restrictions on freedom to worship, degrading 'ob assignments, ethnic slurs, intimidation, and the non,payment of wages earned. !he court concluded that this conduct violated !itle $II of the 3ivil :ights &ct of )?+6, as amended, and 6> 1.2.3. 2ection )?.), because the treatment was based on the national origin of the foreign workers. In Eay >**+, Nohn %ickle was ordered to pay O).>6 million to 5> foreign nationals. Source* The U.S. ?Jual ?mployment 1pportunity #ommission. 8!udge 1rders !ohn %ickle #o;9 ,/ Cay ,--/. http*22www.eeoc.gov2press27L,/L-/.html

%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project

PE%D#%&
1nited 2tates v. &folabi 1nited 2tates v. Gloria Dugenia (eon,&ldana 1nited 2tates v. 8avarrete 1nited 2tates v. 2ignal International United States 38 folabi (assissi &folabi, &kouavi Mpade &folabi, and Iereck 9ounakey were charged in &ugust >**; with smuggling at least >* girls and young women from the #est &frican nation of !ogo and forcing them to work at hair braiding salons in 8ewark and Dast Orange. !he females told investigators that they worked without pay for up to )6 hours a day, six or seven days a week. !hey said that if they complained or did not follow the rules, they would be beaten. &nd they were threatened to be sent back to &frica if they ob'ected to working without pay. !he >* females were placed in protective custody where they had access to emergency housing and counseling. !he three defendants face charges of harboring illegal aliens, which carries a maximum penalty of )* years in prison. Mpade &folabi is also charged with smuggling illegal aliens for financial gains, which can be punished by )* years in prison. Source* )ews,4.com. 8RCodern slavery& at hair salon9 http*22www.news,4.com2)ews,42$orld2)ews2-,,,L.-L.4/,N,.<5,//,--.html United States 38 &loria Eugenia Leon* ldana On Nanuary );, >**. Gloria Dugenia (eon,&ldana plead guilty in 2an Iiego, 3& to charges including bringing in aliens for financial gain and forced labor. In the previous week, co,defendants Nuan &ndres, 2antos and &gustin &lonso,!errero pleaded guilty to bringing in aliens for financial gain. (eon,&ldana was a part of an alien smuggling operation recruiting aliens from Eexico, smuggling aliens into the 1nited 2tates to 2an Iiego, and forcing labor through a series of threats including calls to Korder %atrol. 9er co,defendants also threatened the victims and their families with physical harm. &ndres,2antos was sentenced to time served ()- months) and three years of supervised release with &lonso,!erreroRs sentencing pending. Source* U.S. epartment of !ustice. 1ffice of the United States Attorney* Southern istrict of #alifornia, San iego. http*22www.usdo".gov2usao2cas2press2cas0-..<L=eonLAldana.pdf United States 38 %a3arrete In Nanuary >**., six family members from Immokalee, Llorida were indicted for enslaving Eexican and Guatemalan immigrants and forcing them into agricultural labor. &ccording to the );,count indictment, 3esar 8avarrete and Geovanni 8avarrete beat, threatened, restrained and locked workers in trucks to force them to work for them as agricultural laborers. !he defendants underpaid the workers and imposed escalating debts on them, threatening physical harm if workers left their employment before their debts had been repaid. 3esar, Geovanni, Nose, $illhina, Ismael and Eichael 8avarrete and &ntonia Xuniga $argas are also charged with harboring undocumented foreign nationals for private financial gain, commercial advantage, document fraud, and identity theft. If convicted, Geovanni and 3esar 8avarrete each face maximum sentences of over >** years imprisonment. &ntonia Xuniga $argas and $illhina 8avarette face imprisonment of 6* years, and Nose and Eichael 8avarette face imprisonment of 6> years. Source* 1!. 8Immokalee, Blorida, Bamily #harged.9 http*22tampa.fbi.gov2do"pressrel2,--02farmlabor-..<-0.htm United States 38 Signal #nternational
%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Labor Trafficking/Forced Labor Cases Prosecuted in the United States | Polaris Project In Earch >**., a group of about )** Indian victims of human trafficking 0uit work for 2ignal International at the %ascagoula shipyard in Eississippi. !hey were recruited by Iewan 3onsultants of Eumbai, and brought by 2ignal, a marine construction company, to the 1nited 2tates over a year ago and made to live and work in abysmal conditions. !he workers, mainly welders and pipe,fitters, were lured with promises of green cards to agree to come on 9>K visas meant for temporary workers to meet the labor shortage in the region caused by 9urricane Matrina. !hey claim they paid up to O>*,*** each to recruiters. !he nature of their visas prevented them from working for any other company, leaving the constant threat of deportation hanging over their heads. !he workers met officials of the 12 D0ual Dmployment Opportunity 3ommission on Lriday and are calling for the 1.2. to prosecute 2ignal for human trafficking and the Indian government to punish the recruiter. !hey also plan to report themselves to the Iepartment of Nustice as trafficking victims. 2ignal brought almost +** workers from India in end >**+ to %ascagoula and its other facility in !exas. Kesides those who 0uit, >** other Indians are still working under similar conditions at the shipyard. Source* Sify)ews. 8:avi to Support Indian trafficking victims in US.9 .- Carch ,--0. http*22sify.com2news2nri2fullstory.phpDidE.4/.57,7

%olaris %ro'ect works to empower and mobili@e people from diverse backgrounds and of all ages to take meaningful action against human trafficking. :egister with www.polarispro'ect.org"signup to receive regular updates on human trafficking in the 1nited 2tates.

%olaris %ro'ect 7 8ational 9uman !rafficking :esource 3enter 7 ),...,-;-;,... 789!:3<%olaris%ro'ect.org www.%olaris%ro'ect.org = 3opyright %olaris %ro'ect, >*)*. &ll :ights :eserved.

Você também pode gostar