Transcript PART 1 - HUMAN TRAFFICKING AND THE NETWORKS THAT OPERATE James L.

PART 1 - HUMAN TRAFFICKING AND
THE NETWORKS THAT OPERATE
James L. Dold, J.D.
Policy Counsel
POLARIS PROJECT
• One of the largest anti-trafficking organizations
in the United States
• Offices in Washington, DC; Newark, NJ; and
Tokyo, Japan
• Member of the Alliance to End Slavery and
Trafficking, a coalition of 11 anti-trafficking
organizations
POLARIS PROJECT
Comprehensive approach to combating human
trafficking includes:
– Providing social services and transitional housing to
victims,
– Operating the National Human Trafficking Resource
Center (NHTRC) -- the central national hotline on
human trafficking,
– Advocating for stronger state and federal anti-trafficking
legislation,
– Training and technical assistance, and
– Engaging community members in local and national
grassroots efforts.
STATISTICS FROM THE FIELD
• Human Trafficking is one of the fastest growing criminal industries in the
world. Traffickers reap $32-36 billion in profits by using force, fraud or
coercion to rob victims of their freedom through labor or commercial sex.
• At the one end of the continuum of exploitation, the United Nations
estimates that 12 million people are exploited worldwide for forced labor and
sexual exploitation.
• On the other end of the continuum, the U.S. government estimates 2 to 4
million people are trafficked annually.
• Experts at Northeastern University estimated that there are a minimum of
approximately 5,100 to 60,500 people trafficked into and within the U.S. each
year.
• An estimated 293,000 children are at-risk for exploitation through prostitution
within the U.S. each year -- a brutal form of human trafficking.
Other Statistics
Foreign National Victims
• T visas: 1,591 (2000-2009)
US Citizen/LPR Victims
• 100,000 child victims of sex trafficking
• 12-14 – Average age into prostitution in US
THE NATIONAL HUMAN TRAFFICKING
RESOURCE CENTER HOTLINE
• 24 hour hotline that has designated POC's for all
needs, including shelters, services, etc.;
• Strong referral protocols;
• Media campaign, awareness raising;
• Community and direct outreach.
NHTRC FUNCTIONS
• Nationwide 9-11
• Afterhours LE Contacts
• 3500+ Organizations &
Service Providers
•
•
•
•
Trainings/Gen Info
Phone Consultations
Review of Materials
Peer-to-Peer Support
• Local and Federal Law
Enforcement
• Specialized Task Forces
•
HTPU, NCMEC
Crisis
Calls
Tip
Reporting
Training
&
Technical
Assistance
Referrals
•
•
•
•
Shelter
Case Management
Legal Services
Related Hotlines
NHTRC Vignette
• A teacher became concerned after one of her 14-year-old students
failed to show up to classes for several weeks.
• The teacher spoke with several of the student's high school friends
who indicated that the student had an older boyfriend who
sometimes picked her up from school and directed the teacher to
multiple postings advertising the student for commercial sex on
Backpage.com, Craigslist.org, and a local dating website.
• The teacher reported the information to the NHTRC hotline after
speaking with the student’s father, who indicated that the student
had recently run away and was believed to be staying with her
boyfriend. The NHTRC connected the father and the teacher with
a specialized task force who began investigation into the case.
TOTAL CALL VOLUME – 43,498
DEC 7, 2007 – NOV 30, 2011
20,000
18,000
18,000
16,000
14,000
11,876
12,000
10,000
7,637
8,000
5,748
6,000
4,000
2,000
237
0
2007
(December 7 –
December 31, 2007)
2008
2009
2010
2011
(January 1 –
November 30, 2011)
REGIONAL BREAKDOWN
KEY NATIONAL STATISTICS
12/7/2007 – 8/31/2011
Total number of potential victims referenced in calls: 4,904
Number of total calls: 36,767
Languages: English 88%; Spanish 11%; Other 1%
Top call volume states: CA, TX, FL, IL, NY
Most frequently reported: Domestic pimp control trafficking/Domestic servitude
Citizenship/Nationality
Type of Trafficking
Age of Potential Victim
Foreign Nationals: 37%
Sex: 60.1%
Adults: 49%
Labor: 23.6%
US Citizens/LPRs: 29%
Citizenship/Nationality
Unknown: 34%
Minors: 25%
Sex and Labor: 3%
Other: 11.3%
Age Unknown: 26%
NATIONAL TRENDS
Factories/
Plants
Domestic
Servitude
Agriculture
Cantina Bars
Carnivals
H2-A, H2-B, A3,
G5, J-1
Chinese & Indian
Restaurants
Peddling &
Begging
Craigslist,
Backpage, &
Other Sites
Latino Brothels
& Delivery
Services
Forced Street &
Hotel
Prostitution
Asian Massage
Parlors
Interfamilial &
Intimate Partner
Strip Clubs
Ransom
Schemes
Foreign Labor
Schemes
Key Georgia Statistics
December 7, 2007 – November 30, 2011
•
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•
•
•
•
Total NHTRC Calls: 565
Total Tips/Crisis Calls: 101
2008: 117 calls state-wide, 68 from Atlanta
2009: 114 calls state-wide, 59 from Atlanta
2010: 212 calls state-wide, 99 from Atlanta
2011 (Quarter 1 & 2): 122 calls state-wide, 40
from Atlanta
Georgia Trends
Domestic Servitude
Craigslist, Backpage,
& Other Sites
Factories/
Plants
Restaurants
Forced Street &
Hotel Prostitution
Asian Massage
Parlors
Places Trafficking Occur
SEX TRAFFICKING
Street Prostitution
LABOR TRAFFICKING
Domestic Servitude
Massage Parlors
Agriculture, Forestry, Fishing
Residential Brothels
Construction
Escort Services
Peddling & Begging Rings
(Sales Crews)
On-line Exploitation
Factories
Hotels & Motels
Service Industry (Hotels & Restaurants)
Truck Stops
Small Businesses
Hostess Clubs/Cantina Bars
Exotic Dancing/Stripping
Pornography
Who are the Traffickers?
Traffickers can be:
• Anyone
• Strangers, Friends, Partners, Family
Neighbors
• US Citizens and Foreign Nationals
• Males and Females
• Adults and Minors
• Any race
• Members of victim’s own ethnic or
background
• Of diverse socioeconomic backgrounds
Members or
national
Trafficking Network Structures
Diverse Trafficking Operations
Less
Organized
More
Organized
• Individuals
• Pimps
• Neighbors, friends, relatives, intimate partners
• Foreign diplomats and international organization
• Labor recruiters/brokers
• Informal criminal operations
• Family or extended family
• Pimp networks
• Gangs
• Businesses (Small or large)
• Small contractors/agents
More
centralized
• Labor recruiters
• International organized crime
Sex Trafficking Networks
Pimp-Controlled Sex Trafficking
• Victims: Minors and Adults
(US citizen/Foreign National)
• Controllers: Pimps, Intimate-Partners,
Family Members
• Recruitment: Boyfriend/Care-taker;
False Employment
• Clientele: All Customers (Open Network)
• Price: $500-$1000 nightly quotas
• Locations: Streets, Clubs, Truck Stops, Hotels
• Advertising: Online, Word of Mouth, Business Cards, and
as Escort Services
Commercial Front Brothels:
Asian Massage Parlors (AMPs)
• Victims: Primarily Asian Women;
3-5 live onsite and rotate every 2 weeks
• Controllers: Asian Male & Females
(Mamasan)
• Recruitment: False Job Promises,
Smuggling
• Clientele: All Customers (Open Network)
• Price: $60-90 per encounter
• Locations: Store-Fronts, Office Spaces, Commercial
Areas, Health Spas, Nail salons, Acupuncture Clinics
• Advertising: Newspaper, Phonebook, Online
[email protected]
Residential Brothels:
Latino Residential Brothels
• Victims: Latina women, minors
• Controllers: Male & Female Latinos
• Recruitment: False Job Promises,
Smuggling, Boyfriend, Family
Members
• Clientele: Latino Males
• Price: $30 for 15 min
• Locations: Residential areas, Rural
Trailers, Apartments
• Other Fronts: Cantinas and Escort
Delivery
• Advertising: Word of Mouth,
Business Cards
Other Types of Sex Trafficking or
Forced Sexualized Labor
• Strip clubs
• Cantina bars
• Other types of commercial front-brothels: Nail
Salons, Tanning Salons, Chiropractors, etc.
Labor Trafficking Networks
Domestic Servitude
• Victims: Women & Girls – Typically
Foreign National, but also US Citizen
• Controllers: Couples, Diplomats,
Family members, Spouses
• Recruitment: False Job Promises,
False Travel or Educational Opportunity,
False Relationship Promises
• Payment: Often $0 or Very Low Pay
• Locations: In the Home;
Low to Upper Income Households.
Agriculture
• Victims: Foreign Nationals;
US Citizens; Men & Women;
Migrant/Day Laborers
• Controllers: Labor Contractors,
Crew Leaders, Growers
• Recruitment: Smuggling;
Work Visa Programs;
Word of Mouth
• Payment: Piece Rates or
Low Wages
• Locations: Remote, Isolated
Areas; Company Housing
Traveling Sales Crews
• Victims: US Citizens adults and youth
• Controllers: Managers, Trainers,
Handlers
• Recruitment: Newspaper/Online Ads
“Earn money quick”; “Fun, Money,
Travel!”
• Items: Magazines, household products
• Payment: Award schemes & contests; small daily
allowance and daily commission minus debt
• Locations: Crews travel all across the US and often
don’t know what city or state they are in.
Other Types of Labor Trafficking
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•
•
•
Construction
Fishing
Timber
Trafficking can occur in those industries that
have a high demand for cheap labor.
PART 2 - U.S. POLICY TO COMBAT
HUMAN TRAFFICKING: CREATING
THE LEGAL FRAMEWORK TO END
SLAVERY IN OUR TIME
James L. Dold, J.D.
Policy Counsel
FEDERAL AND STATE LAW
• Federal: Trafficking Victims Protection Act of 2000
(TVPA) (Reauthorized in 2003, 2005, & 2008)
• State: currently, 48 out of 50 states and the District
of Columbia have laws against human trafficking
• International: Protocol to Prevent, Suppress, and
Punish Trafficking in Persons, Especially Women and
Children (UN Convention Against Transnational
Organized Crime)
FEDERAL LAW: TVPA
• 2000:
– Framework of Three “Ps”
– TIP Report
– PITF
• 2003:
– Attorney General’s Report
– SPOG
– Civil remedy
• 2005:
– Preventing trafficking in
post-conflict situations
– USAID Report
– Access to counsel
• 2008:
– Unaccompanied Refugee
Minor Program
– Interim assistance to
children
– Amendments to continued
presence
– Assistance for USCs and
LPRs
– Fraud in foreign labor
contracting offense
– DOL List of slave made
goods
• 2011…
Federal Law: TVPA
• Victim-Centered Approach Under the TVPA and the “3 Ps” Paradigm:
• Protection (Section 107 of the TVPA of 2000)
• Victim service programs
• Immigration benefits
• Eligibility for public benefits
• Witness protection
• Prevention (Section 106 of the TVPA of 2000)
• Funding for prevention programs
• Prosecution (Section 112 of the TVPA of 2000)
• New criminal offenses and increased penalties
• Funding for law enforcement-focused task forces
Trafficking Victims Protection Act –
Criminal and Civil Provisions
Criminalizing Human Trafficking Under
Federal Law
§ 1590. 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.
§ 1591. Sex trafficking in which a commercial sex
act is induced by force, fraud, or coercion, or
in which the person induced to perform such act
has not attained 18 years of age; or
Criminal Elements to Human Trafficking
ACTION
MEANS
PURPOSE
Recruits,
Harbors,
Transports,
Provides,
OR
Obtains
(or so attempts)
Force
Fraud
Coercion
Commercial sex
acts
OR
Labor or
Services
Other Federal Criminal Laws
§1592. Unlawful Conduct with Respect to
Documents. Whoever knowingly destroys,
conceals, removes, confiscates, or possesses any
actual or purported passport or other immigration
document, or any other actual or purported
government identification document, of another
person in the course of or with the intent to commit
labor or sex trafficking
Other Provisions
§1593. Mandatory Restitution for Victims
of Trafficking
§1594. Asset Forfeiture of Real and
Personal Property Used to Commit
Human Trafficking
§1595. Civil Remedy
Additional Federal Law
Enforcement Tools
• Racketeering Influenced Corrupt Organizations
Act (RICO)
– To establish a violation of RICO prosecutors must
establish
• 1. Enterprise existed
• 2. Interstate Commerce Nexus
• 3. Two acts of racketeering activity within a 10 year period
(predicate offenses)
Human Trafficking Under RICO
• The TVPRA of 2003 and 2005 added human
trafficking offenses to the list of RICO
predicate crimes. 18 U.S.C. Section 1961 (1)(b).
• The most common crime charged under RICO
is the fourth provision, which makes it illegal to
conspire to violate any of the three substantive
crimes established in the statute. 18 U.S.C.
Section 1962 (d).
Human Trafficking Under RICO
• In United States v. Pipkins, the Eleventh Circuit
found that an enterprise existed between a
groups of Atlanta pimps despite the fact they
competed with each other. The court considered
evidence that the pimps traveled together out of
state to recruit girls; the pimps provided shelter,
supplies, and drugs to each other’s girls; and that
pimps agreed to price limitations for sexual
services. 378 F.3d 1281 (11th Cir. 2004)
FEDERAL AND STATE
LEGAL FRAMEWORK
• Federal and state laws should complement each
other and form a tightly woven net of
protection for the victims and prosecution of
the traffickers.
• Federal and state law enforcement and
prosecutors should communicate and coordinate
to ensure that neither trafficking victims nor
traffickers slip through this net.
STATE RATINGS CHART:
LAWS NEEDED
To download a copy of the 2011 state ratings map, chart, and a
methodology document, please visit our Polaris Project website. To
download an individual state report please click here.
THE EVOLUTION OF STATE HUMAN
TRAFFICKING POLICY
• In 2004, only 4 states had any type of anti-trafficking
law.
• In 2010, only a third of the states (17) were rated in the
top two categories.
• In 2011, anti-trafficking criminal statutes exist in most
states and the District of Columbia:
– 45 with sex trafficking offenses
– 48 with labor trafficking offenses
• Slightly more than half of the states (28) are rated in the
top two categories of green and yellow.
• 23 states still remain in the bottom two categories of
orange and red.
THE EVOLUTION OF STATE
HUMAN TRAFFICKING POLICY
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22 states have asset forfeiture
28 states have investigative tools for law enforcement
15 states have training for law enforcement
11 states have a human trafficking task force
8 states require posting of the NHTRC hotline
7 states have Safe Harbor for minors
20 states have victim assistance
14 states give victims access to civil remedies
4 states allow sex trafficked victims to have convictions
for prostitution vacated
STATE POLICY TRENDS: 2011
• Human Trafficking
(VT, HI, PA, MA, VA, TX)
Increasing or creating penalties for sex or labor trafficking.
• Protecting Sex Trafficked Minors/”Safe Harbor” (AL, AZ, FL, MN, MO, NJ,
OR, TN, TX, VT)
Amending the law to ensure that minors in commercial sex are not prosecuted for
prostitution, and are provided with specialized services for victims of sex trafficking.
• Investigations – One Party Wire Tapping
(MD, WA)
Provide law enforcement with an exemption to any prohibition on one-party wire
tapping during investigations of human trafficking.
• Asset Forfeiture
(HI , MD, TN, VT, CA, GA)
Provides courts with the authority to seize assets of convicted human traffickers,
which were either gained due to human trafficking crimes or used to conduct human
trafficking.
STATE POLICY TRENDS: 2011
•
Vacating Convictions
(CA, IL, MD, NV, PA)
Legislation to provide a mechanism for victims of human trafficking to have arrests or
convictions for prostitution related crimes which occurred during the time of the
trafficking, completely removed from their record.
•
Training Law Enforcement
(GA, MO, VA)
To require or encourage training of law enforcement in the investigation of human
trafficking offenses.
•
Hotline Posting
(AL, MD, NV, NY, PA, VT, TN)
To require or encourage the posting of the National Human Trafficking Resource Center
hotline (888-3737-888) or a state run hotline in certain targeted locations to ensure that
victims are identified and served.
•
Demand
(AZ, HI, NV, OR, NY, VT, CA, CO, GA, TN, NY)
Increasing penalties for purchasing sex from minors or adults to address the underlying
demand for the sale of human beings for sex.
WHAT CAN BE DONE TO IMPROVE THE STATE
APPROACH TO COMBAT HUMAN TRAFFICKING?
1. Create a comprehensive federal and state
human trafficking legal framework;
2. Create a coordinated, comprehensive
community response;
– 24 hour hotline that has designated POC's for all
needs, including shelters, services, etc.;
– Strong referral protocols;
– Media campaign, awareness raising;
– Community and direct outreach;
WHAT CAN BE DONE TO IMPROVE THE STATE
APPROACH TO HUMAN TRAFFICKING?
3. Collaboration across jurisdictional boundaries
to:
– Identify, assist and protect human trafficking
victims;
– Investigate human traffickers and the related
networks;
– Initiate prosecutions from U.S. Attorney’s Offices,
State Attorney Generals and County and Local
Attorney’s Offices;
– Hold human traffickers accountable and suppress
their markets.
WHAT CAN BE DONE TO IMPROVE THE STATE
APPROACH TO HUMAN TRAFFICKING?
4. IMPLEMENTATION:
– Its important that law enforcement and prosecutors
be trained on how to use human trafficking laws
– Protocols must be in place within the Department
of Human Services on how to identify victims and
help them get access to services
– Public awareness campaigns must be initiated to
inform the public and conduct outreach to at-risk
populations.
LAWS STILL NEEDED: 2012
• 43 states need to pass laws to protect minors sold for the
purposes of commercial sex often known as "safe harbor"
laws.
• 40 states need to pass laws to create or extend state human
trafficking task forces.
• 36 states need to pass a civil remedy to enable human
trafficking victims with the ability to seek civil damages from
their traffickers.
• 32 states need to pass a law requiring the posting of a human
trafficking hotline, such as the National Human Trafficking
Resource Center or a state human trafficking hotline, with the
ability to provide crisis intervention, resources and referral.
GEORGIA STATUS REPORT
• Laws: 7 of 10 on Polaris Project State Ratings
(highest category)
– § 16-5-46. Trafficking of persons for labor or sexual servitude
(and no requirement of force, fraud, or coercion for minors)
– § 16-5-46. Asset Forfeiture (NEW)
– § 16-14-3. Human Trafficking as a predicate offense under
Racketeering Statute
– § 35-1-16. Training law enforcement officers investigating
crimes involving trafficking persons for labor or sexual
servitude (NEW)
– § 17-17-6. Notification to victim of accused's pretrial release
and of victims' rights and the availability of victims'
compensation and services
Georgia Status Report
• Legislation in the 2011 Session
– HB 200 (Rep. Lindsey)
• Amended criminal provisions of the human trafficking
statute
• Removed Mistake of Age Defense
• Added evidentiary protection to prohibit discovery of
victim’s sexual history
• Added Asset Forfeiture
• Mandatory Law Enforcement Training
Laws Still Needed in Georgia: 2012
• Creation of a Human Trafficking Task Force
• Posting of the National Human Trafficking
Resource Center Hotline
• Safe Harbor for Minors
• Access to Civil Remedy
• Vacating Convictions for Sex Trafficking
Victims
WHAT YOU CAN DO…AS AN
INDIVIDUAL
• Join our Social Network: follow Polaris Project on
Facebook, Twitter and Change.org
(Activist Tip a Day – tweeted every morning)
• Join our Grassroots Network
(Action alerts)
• Ask your legislator to sponsor anti-human
trafficking legislation
• Go to our Policy page and support local and
federal legislation www.polarisproject.org
C ONTACT I NFORMATION :
James L. Dold, J.D.
Policy Counsel
Polaris Project
[email protected]
202.745.1001 x132