Human Trafficking - Oklahoma Response - Robert Gifford, Clint Johnson, T. Shores

1. HUMAN TRAFFICKINGThe Oklahoma Response:Collaborative Law Enforcement AUSA Robert Don Gifford AUSA Robert Trent Shores AUSA Clinton James Johnson Tulsa County DA (Elect) Steve Kunzweiler

2. To: “forced to do it” From: “she wants to do it” Change Public Perceptions….

3. SOCIETY’S PERCEPTIONS

4. What is Sex Trafficking?

5. Federal Laws Involuntary Servitude and Slavery Crimes • 18 U.S.C. §1581 (Peonage) • 18 U.S.C. §1583 (Enticement Into Slavery) • 18 U.S.C. §1584 (Involuntary Servitude) • Peonage and Involuntary Servitude includes Forced Labor, Slavery, and Recruitment or Use of a Child Soldier U.S.S.G. 2H4.1, App. Note 1 _________________________________________________ Trafficking Victims Protection Act (TVPA 2000) • 18 U.S.C. §1589 (Forced Labor) • 18 U.S.C. §1590 (Trafficking Into Servitude) • 18 U.S.C. §1591 (Sex Trafficking) • 18 U.S.C. §1592 (Document Servitude)

6. Oklahoma - Criminal Statutes • 21-446: Unlawful transport of alien - Concealing, harboring, or sheltering from detection - Destroying, hiding, altering, or keeping documentation • 21-748: Human trafficking for forced labor or forced sexual exploitation • 21-748.2vl: Guidelines for treatment of human trafficking victims - Right to civil action • 21-748.2v2: Guidelines for treatment of human trafficking victims - Right to civil action • 21-1738: Seizure and forfeiture proceedings- Vehicles, airplanes, vessels, etc. used in attempt or commission of certain crimes • 21-866: Offense of Trafficking in Children • 22-1402: Definitions for Racketeer-Influenced and Corrupt Organizations Act

7. Sex Trafficking | §1591 What is a “Commercial Sex Act”? • “any sex act, on account of which anything of value is given to or received by any person.” § 1591(e)(3). • No requirement that the Defendant had sex with the victim. • United States v. Williams, 2011 WL 1958148 (3rd Cir. 2011) (unpublished). • Compare 18 U.S.C. § 2246 (2) “sexual act” and 18 U.S.C. § 2246 (3) “sexual contact”

8. Sex Trafficking | §1591 In or Affecting Interstate or Foreign Commerce • Crossing state lines • Interstate communications, facilities, or supplies, • Aggregate affect on intrastate commercial or economic activity No One Has to Travel Across State Lines!

9. Open Source: Backpage.com ad

10. Prostitution Ads from backpage.com

11. Social Media - Facebook

12. Social Media: MySpace

13. Social Media: MySpace

14. Tattoos= Branding

15. In Call/Out Call • Pimp-controlled • All internet based • Postings on a variety of websites including - CraigsList, CityVibe, NaughtyNightLife, Backpage • Graphic ads • Slang and language specific to “pimp and ho” culture

16. Profile continued… • Have been recruited into life by pimp or madam • Have been “broken” by pimp and “turned out” • Refer to pimp as “boyfriend” or “daddy” • “Easy in, hard out” • Typically very loyal • Chemical dependency issues

17. Sex Trafficking and Children • One in seven children will be a runaway before the age of 18. • One in three teens on the street will be lured into prostitution within 48 hours of leaving home. • -NCMEC

18. Runaway and Sexual Exploitation • 30% of shelter youth and 70% of street youth are victims of commercial sexual exploitation. They may engage or be coerced into prostitution for “survival sex” to meet daily needs for food, shelter, drugs. • 75% of child victims engaged in prostitution are under the control of a pimp. (American Journal of Public Health – Commercial Sexual Exploitation of Children in the U.S.)

19. Age of Entry • 12-14 is the average age of entry into prostitution for girls in the U.S., boys enter at younger ages. (Estes & Weiner, 2005) • The average age of entry into prostitution for girls is between age 13 to 14. (NCMEC)

20. RECRUITMENT • Schools • Malls • Bus Accommodation Center • McLaughlin • Covenant House • Home (generational) • Strip clubs/bars • Streets • Friends/family

21. Rural Recruitment Usually through family/friends Promises or lures of better life Distance from family and other support structures

22. “F with the mind and the body will follow.” Love and Attention Isolate from family Shower with gifts Nails, hair, nice clothes Photograph – make girl feel beautiful (model) Alcohol and drugs Grooming

23. Physical assaults Sexual assaults Sex with pimp’s male friends DV type cycle – rollercoaster Remove identity “You owe me” or “Just this one time” Breaking In

24. OBSTACLES IN IDENTIFICATION • Victims do not see themselves as victims • They DO NOT self report • General mistrust of law enforcement • Focused mistrust of law enforcement • Threats – fear of retaliation/violence • Believe no worse off than previous situation • Not familiar with area/location and the “system” • Don’t know where to turn for help • Fear of being labeled a prostitute • Shame and guilt – blame self

25. Why don’t they just leave? • Believe they aren’t any worse off than previous situation. • Fear of being physically harmed • Fear of having another victim endure physical harm. • Threat to family • Shame • Inability to navigate the “system”

26. MYTH #1 Slavery Is History

27. MYTH #1 Slavery Is History

28. MYTH #1 • 12.3 Million victims of human trafficking • - U.S. Department of State, TIP Report 2010 • 27 million people held in slavery worldwide • - Free The Slaves 2011 • 100,000 children in U.S. are in sex trade • - Polaris Project 2011

29. MYTH #2 Trafficking Requires Movement

30. MYTH #2 Trafficking Requires Movement

31. MYTH #2 • Trafficking is about • coercion NOT movement • Crossing of borders NOT • necessary • Traffickers do not • recognize borders

32. MYTH #2 TRAFFICKING COERCION HUMAN RIGHTS TITLE 18 U.S.C.

33. MYTH #2 SMUGGLING MOVEMENT INTEGRITY OF BORDER TITLE 8 U.S.C.

34. MYTH #2 TRAFFICKING COERCION HUMAN RIGHTS TITLE 18 U.S.C. SMUGGLING MOVEMENT INTEGRITY OF BORDER TITLE 8 U.S.C.

35. MYTH #3 Victim Must Be A Foreign National

36. MYTH #3 Victim Must Be A Foreign National Victim can be a U.S. Citizen Defendant can be a U.S. Citizen

37. MYTH #4 Must Involve Prostitution or Sex

38. MYTH #4 “Recent studies show the majority of human trafficking in the world takes the form of forced labor.” - Department of State, 2010 TIP Report. Any Type of Labor or Service The Law Has No Occupation Limitation Restaurant Workers Domestic Servants Farm Workers Hotel Employees Cantina Workers Factory Workers

39. MYTH #5 Must Involve Violence or Physical Restraint

40. MYTH #5 Must Involve Violence or Physical Restraint

41. MYTH #5 Traffickers are using increasingly subtle methods of coercion • False promises • Physical isolation • Cultural isolation • Document confiscation • Monitoring/surveillance • Threats of deportation/arrest • Threats of violence to third parties • Threats of reputational harm • Punishment/verbal abuse • Harsh living and working conditions • Denial of sleep • Economic dependence • Dept manipulation • Threats of financial harm

42. MYTH #6 Victim Will Self Identify As Victim

43. MYTH #6 Victim Will Self Identify As Victim

44. MYTH #6 - Shame - Lack of understanding about their rights - Distrust of law enforcement - Still believe trafficker’s lies - Risk to family members or children - Not ready to admit the truth to themselves yet

45. MYTH #6 TRAFFICKING IS A HIDDEN CRIME

46. MYTH #7 Victims Never Make Inconsistent Statements

47. MYTH #7 • Most trafficking victims will not tell the complete truth during the • first few interviews • Evolving statements can be evidence of the coercive scheme • Corroborate • Not fatal to prosecution

48. OKLAHOMA CASE EXAMPLES Operation: Poker Chip International Commercial Sex Trafficking Conspiracy Involving Force, Fraud, and Coercion ********** Operation: Teen Wolf Local Pimp’s Targeting & Exploitation Of At-Risk Teen Girls Through Use Of Social Media

49. OPERATION: POKER CHIP

50. Operation: Poker Chip • International Trafficking Ring • Recruited Women From Central America and North America • Used Fraud, Coercion, and Force • Highly organized business structure • “Franchise” Brothels Run by Caretakers • Transporters to move the girls