1. Elana S. Landau Assistant U.S. Attorney

2. Human trafficking involves the use of force, fraud, or coercion to exploit a person for profit. Trafficking victims are subjected to: - labor exploitation - sexual exploitation - both

3.  Slavery  Forced Labor  Debt Bondage  Domestics  Restaurant workers  Salons  Garment industry  Agriculture

5.  Abuse within the commercial sex industry  Massage parlors  Brothels  Prostitution Also, can be used to compel labor exploitation

6. “Katya”

7.  Is not smuggling  People smuggled usually consent to being smuggled in  People smuggled are generally free to go once they pay the smuggler  Trafficked people are usually the victim of force, coercion, fraud, or deception.  They often have the necessary immigration documentation  They are not free to move around once they get here

8.  More people are trafficked for forced labor than for commercial sex.  The crime is less often about the flat-out duping and kidnapping of naïve victims than it is about the coercion and exploitation of people who initially entered a particular form of service voluntarily or migrated willingly.  Trafficking can occur without movement across borders or domestically, but many countries and commentators still assume some movement is required.  Men comprise a significant number of trafficking victims.  Traffickers often use sexual violence as a weapon against women to keep them in compelled service, whether in a field, a factory, a brothel, a home, or a war zone.

9. The International Labor Organization – the UN agency that addresses labor standards, employment, and issues of social protection – estimates that there are 12.3 million people in forced labor, bonded labor, forced child labor, and sexual servitude at any given time.

10. 800,000 victims trafficked across international borders annually 17,500 victims trafficked into the U.S. each year

11. The ILO estimates that 218 million children work worldwide 126 million of whom are in hazardous forms of work. Additionally, an unknown number of children are trapped in hidden and illicit forms of labor, such as drug trafficking, prostitution and pornography, which are not captured in these statistics.

12.  Adopted in 2000 by the United Nations  Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children  Designed to focus the attention of the global community on combating human trafficking.  For the first time, an international instrument called for the criminalization of all acts of trafficking – including forced labor, slavery, and slavery-like practices  Governmental response should incorporate the “ 3P ” paradigm: P revention Criminal P rosecution Victim P rotection

14. Adults and children in forced labor, bonded labor, and forced prostitution around the world: Trafficking prosecutions in 2011 Trafficking convictions in 2011 Successful prosecutions related to forced labor Victims identified Ratio of victims identified to estimated victims Ratio of convicted offenders to identified victims 12.3 MILLION 7,206 4,239 320 41,210.4% 10%

15.  Involuntary Servitude Offenses:  18 U.S.C. Sections 1581-1584  Trafficking Victims Protection Act:  18 U.S.C. Sections 1589-1594

17. Congressional Findings: - As the 21 st Century begins, the degrading institution of slavery continues throughout the world. - Trafficking in persons is the largest manifestation of slavery today. - At least 700,000 persons annually, primarily women and children, are trafficked within or between international borders - Approximately 50,000 women and children are trafficked into the United States each year

18. The TVPA defines “severe forms of trafficking” as: a. sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or, b. the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. A victim need not be physically transported from one location to another in order for the crime to fall within these definitions.

19. “Whoever knowingly provides or otherwise obtains the labor or services of a person – (1) By threats of serious harm to, or physical restraint against, that person or another person; (2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services. That person or another person would suffer serious harm or physical restraint; (3) By means of the abuse or threatened abuse of law or the legal process, shall be fined under this title or imprisoned not more than 20 years or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term up to life, or both.”

20. 1) Provided or obtained the labor or services of a person; 2) Did so through one of, or any combination of, four prohibited means; and 3) Did so knowingly

21.  force, threats of force, physical restraint, or threats of physical restraint against any person ;  serious harm or threats of serious harm to any person ;  abuse or threatened abuse of law or legal process;  any scheme, plan, or pattern intended to cause fear of serious harm to any person

22. Any harm, whether physical or non-physical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm

23.  Using process for improper purpose to compel someone  Threat of deportation, arrest, detention  “Warnings” unlawful when used to coerce

24. Penalties:  20 years maximum  Life if offense causes death, or involves:  Aggravated Sexual Abuse  Kidnaping or Attempted Kidnaping  Attempt to Kill

25. “Whoever knowingly recruits, harbors, transports, provides, or obtains by any means, any person for labor or services in violation of this chapter, shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term up to life, or both.”

26. “Whoever knowingly – (1) In or affecting interstate commerce, recruits, entices, harbors, transports, provides, or obtains by any means a person; or (2) Benefits financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1), knowing that force, fraud, or coercion described in subsection (c) (2) will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage ina commercial sex act, shall be punished as provided in subsection (b).”

27. 1)Knowingly recruited, enticed, harbored, transported, provided, obtained, or maintained a person; OR knowingly benefitted, financially or by receiving something of value from participating in a venture that did so 2) Knew [or recklessly disregarded] the fact that force, fraud, or coercion would be used to cause the person to engage in commercial sex acts; and 3) Acts were in or affecting interstate commerce

28. 1)Knowingly recruited, enticed, harbored, transported, provided, obtained, or maintained a person; OR knowingly benefitted, financially or by receiving something of value from participating in a venture that did so 2) Knew [or recklessly disregarded] the fact that the person was under age 18; OR had reasonable opportunity to observe the minor; and 3) Acts were in or affecting interstate commerce

29. “any sex act, on account of which anything of value is given to or received by any person.” - anything of value given to any person - NOT personal sexual servitude - NOT sexual abuse as coercion

30.  Threats of serious harm or physical restraint  Any scheme intended to cause the victim to believe she will suffer serious harm or physical restraint  The abuse or threatened abuse of law or the legal process

31.  Moving victims across state lines  Interstate communications or supply chains  Aggregate effect of intrastate commercial or economic activity

32. Penalties:  Mandatory Minimum of 15 years to life if:  Force, Fraud or Coercion OR  Victim was under the age of fourteen  Mandatory Minimum of 10 years to life if the victim was between age 14 and 18

33. “Whoever knowingly destroys, conceals, removes, confiscates, or possessed any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person – (1) In the course of a violation of trafficking laws or (2) With the intent to violate any of the trafficking laws or (3) To prevent or restrict or to attempt to prevent or restrict, without lawful authority, the person’s liberty to move or travel, in order to maintain the labor or services of that person, when the person is or has been a victim of a severe form of trafficking in persons, shall be fined under this title or imprisoned for not more than 5 years or both.”

34. HHolding actual or purported identity documents in the course of committing, or with intent to commit, ANY trafficking crime, or to restrict movement off trafficking victim to maintain her labor or services

35.  Attempting or conspiring to commit these crimes of human trafficking is also a crime under 18 USC Section 1594

36.  Section 1596 allows us to prosecute someone who violates these statutes even if the actual trafficking activity occurs outside the United States  We can do that if the alleged offender is a national or a lawful permanent resident, or if he is present in the United States, irrespective of his nationality

37.  Between enactment of TVPA and 2007:  289 Prosecutions  California (26%) and New York (20%) prosecuted the most cases  25 different countries of origin were represented by victims (largest percentage were Mexican 21%, followed by Honduran 7% and American 7%)  Fifty-five percent of the cases met the definition for forced labor (non-sex trafficking) offenses, with 43% involving sex trafficking charges. In addition, one- third (33 %) of the cases involved children as victims

38.  Prosecutors reported on 35 TVPA-specific cases. This represented only 15 percent of the 231 cases prosecuted across the 10 jurisdictions:  71% of the cases involved sex trafficking; 29 % involved non- sex-related labor trafficking  94% involved primarily female victims; 69% involved both adult and minor victims; 60% involved U.S. citizen defendants; and 51% involved less than 10 victims.  83% resulted in the conviction of at least one defendant; 57% of the convictions were from non-jury trials; and 63% of the convictions resulted from plea-bargained guilty pleas.

39. 18 U.S.C. §1584 Involuntary Servitude 18 U.S.C. §1581 Peonage Narrower than § 1589, but can reach conduct preceding TVPA effective date of October 23, 2000

40.  Knowingly and willfully  Hold a person in, or sell a person into, a condition of involuntary servitude  For any term  Or bring a person into the United States who is being held in a condition of involuntary servitude

41.  Compulsion of services through the use or threatened use of physical or legal coercion  Tying or locking someone up  Threatening to do that, or  Threatening to turn them into immigration authorities  Punishment ranges from 20 years to life in prison

42.  Peonage is involuntary servitude tied to discharge of debt

43.  Mann Act  Immigrations Laws  Labor laws  Money Laundering  Extortion  Kidnapping  Hostage Taking  Child Exploitation  ITAR

44.  Determining who was a victim from the onset,  language and cultural barriers  ability to obtain “truthful” testimony from the victims given their fear of the trafficker, lack of trust of authority figures, and the presence of extended family abroad and concerns this raised for the victims  tactics by the defense attorneys, specifically trying to use obtainment of a visa or receiving social services as a way to discredit the victim

45.  Hidden crime  Victim trauma, shame, fear, loyalty, and distrust  Protracted relationship with trafficker  Combination of violent crime, sex crime, organized crime, financial crime alien smuggling and labor exploitation  Simultaneous victim protection mandates

46.  Earn and maintain Victim’s trust  Corroborate Victim from all angles  Anticipate and refute defenses

47.  Evidence of person being controlled  Physical abuse  Recently from a foreign country  Non-English speaking  Lack of passport, immigration or identification document  Unusual activity

48.  Outcry and isolation witnesses  Visas, travel records, ID documents  Phone records, wire transfers, ledgers, bank records, receipts  Physical surroundings  Photos videotapes surveillance cameras  Medical records, police records  Prostitution paraphernalia: condoms, lubricants, medications

49. Successful case (i.e. conviction) depends on: vvictim testimony eexcellent agents that can develop an immediate rapport with the victims ppatience with victim ttrained investigators ccollaborative relationships among victims, the U.S. Attorneys Office, and FBI/ICE bbridge with the NGO community ggaining the trust of the victim.

50.  FBI  ICE  IRS