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Role of Attorneys General in Combating Human Trafficking

Role of Attorneys General in Combating Human Trafficking. Leonardo M. Rapadas , Attorney General Conference of Western Attorneys General Annual Meeting Kona, Hawaii July 12, 2011. Overview. Attorney General Office Commitment Understanding the problem. The Laws. Who are the Victims.

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Role of Attorneys General in Combating Human Trafficking

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  1. Role of Attorneys General in Combating Human Trafficking Leonardo M. Rapadas, Attorney General Conference of Western Attorneys General Annual Meeting Kona, Hawaii July 12, 2011

  2. Overview • Attorney General Office Commitment • Understanding the problem. • The Laws. • Who are the Victims. • Who are the Traffickers. • Victim Benefits. • Conclusion • Contacts

  3. My Little Corner of the World

  4. My Little Corner of the World

  5. REGIONAL HUB TO ASIA • Equidistant to Asian financial / population centers • 1,500 miles southeast of Tokyo, • 2,100 miles east of Hong Kong, • 1,500 miles east of Manila, • 2,300 miles northeast of Singapore, and • 3,100 miles northwest of Sydney

  6. “Where America’s Day Begins”- apologies to the CNMI

  7. Population 175,877 (2008 estimate) 240,395 (Est. 2015)* resident, military/buildup support populations Over 1 million tourists/year Size: 30 miles (48 km) long and 4 mi (6 km) to 12 mi (19 km) wide GUAM Political Relationship to US and Micronesia: • Unincorporated territory, subject to plenary control by US Congress • Regional hub to Micronesia • Closest U.S. jurisdiction to Asia. “Tip of the tip of the Spear.” • Currently commencing largest peacetime military expansion in history * NCSC Final Report: Judiciary of Guam Facilities Master Plan at 10 (Dec. 2009).

  8. Forecast of Future Forces • EIS includes: • USMC Relocation • US Army AMDTF • Transient CVN pier • ARG berthing pier improvement • U.S. Navy • COMNAVMARIANAS • SSNs • Logistics Prepo Ships • MSC Combat Stores Ships • MSC Ammo Ships • Maritime Prepo Ships • H60s • Transient CVN / ARG berthing • HSVs • SSGN’s • Littoral Combat ship • (4350 AD / 5230 Dep) • (New 5600 AD / 5280 Dep) • U.S. Air Force • 36th Wing • Continuous Bombers (4-6 B-2/B-52) • Continuous Tankers (4 KC-135) • Rotational Fighters (12-18 F-22/F-15E) • Contingency Response Group • PACAF Regional Training Center • Global Hawk Operations (4 RQ-4) • Other Units • 734 AMS – AMC Hub • Det 5, 22 Space Ops Sq • GUANG • AFRC • (2900 AD / 3000 Dep) • (New 3000 AD / 3250 Dep) Andersen Air Force Base Naval Base Guam Finegayan Andersen AFB South Naval Hospital Naval Base Guam Barrigada Andersen AFB Barrigada Naval Base Guam Apra Harbor • USCG • 225’ Buoy Tender • 110’ Patrol Boats • 25’ Response Boat – Small • (240 AD/ 180 Dep) • USMC • III MEF Cmd Element • Ground Combat Element • Aviation Combat Element • Combat Service Support • (New 8552 AD/ 9000 Dep) • U.S. Army • 1 x Battalion Air Defense • (New 630 AD/ 950 Dep) Naval Base Guam Naval Magazine Old total: 7,490 Active Duty / 8,410 Dependents New Total: 17,782 Active Duty / 18,660 Dependents = New 9 • **Note: All future force levels are approximate levels.

  9. About the Office • Chief Legal Officer for the Government of Guam • Chief Law Enforcement Officer • Prior to November 2002, AG was appointed by the Governor • Confirmed by Legislature • Elected by the People of Guam since 2002 • Non-partisan election • Four-year term; no limit • May be removed by impeachment

  10. About the Office • Largest law firm on Guam • 150 + employees • Chief Deputy Attorney General (CDAG) • Four Deputies • Member - National Association of Attorneys General (NAAG) • Member - Conference of Western Attorneys General (CWAG) • Five Divisions • Administrative • Prosecution • Family-Juvenile • Civil Litigation and Solicitors • Child Support Enforcement

  11. About the Office • Other functions • Consumer Counsel • Criminal Investigators Section • Notary Public Commissioning • Task Forces • Internet Crimes Against Children (ICAC) • Guam Human Trafficking Task Force (GHTTF) • Sexual Offenders Registration and Notification Act (SORNA) • Organized Crime Drug Enforcement (OCDETF)

  12. Human Trafficking • “Human trafficking is an offense against human dignity, a crime in which human beings, many of them teenagers and young children, are bought and sold and often sexually abused by violent criminals. Our nation is determined to fight and end this modern form of slavery.” • President George W. Bush, January 2006

  13. Main Guam Laws • Criminalizes trafficking in sexual servitude of a minor or involuntary servitude • Sexual servitude of a minor • Involuntary servitude • commercial sex acts or sexually explicit performance, or • labor or services through the use of any of the following means: • causing or threatening to cause serious harm to any person; • physically restraining or threatening to physically restrain another person; • abusing or threatening to abuse the law or legal process;

  14. Main Guam Laws • Involuntary servitude (continued) • labor or services through the use of any of the following means: • knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person; • extortion or blackmail; • deception or fraud; • debt coercion; • causing or threatening to cause financial harm to any person;

  15. Main Guam Laws • Involuntary servitude (continued) • labor or services through the use of any of the following means: • facilitating or controlling a victim's access to an addictive controlled substance; or • using any scheme, plan, or pattern, whether overt or subtle, intended to cause any person to believe that, if the person did not perform such labor, services, acts or performances, that person or another person would suffer serious harm or physical restraint, commits a first degree felony.

  16. Main Guam Laws • Criminalizes trafficking in sexual servitude of a minor or involuntary servitude • Nonviolent coercion used to force victims to work believing subject to serious harm. • Fraud • Confiscation of documents by defendants. • Accomplice liability • Benefitting financially liability • Sentencing enhancements • Human Trafficking Task Force

  17. Who are traffickers? • They may operate as individuals, families, or more organized groups of criminals. • They may be professional or non-professional criminals. • Trafficking is appealing because it is so lucrative. • It is the second largest illegal industry worldwide.

  18. Who are traffickers? • They usually communicate for the victims. • They isolate and monitor their victims. • Traffickers may “coach” victims. • “Fear Tactics” • Restitution • Asset forfeiture

  19. Guam Human Trafficking Task Force • Coordination of efforts • Office of the Attorney General; • Guam Police Department; • Department of Public Health and Social Services, Child Protective Services and Adult Protective Services; • Department of Mental Health and Substance Abuse, Counseling and Healing Hearts Rape Crisis Center; • Department of Labor; • Guam Homeland Security Office;

  20. Guam Human Trafficking Task Force • Coordination of efforts • Representatives from non-governmental organizations, especially those specializing in trafficking in persons, • Those representing diverse communities disproportionately affected by trafficking, • Organizations dedicated to child services and runaway services, and • Academic researchers dedicated to the subject of human trafficking.

  21. Victims or Defendants? • Can be essential to human trafficking case. • Most vulnerable. • Children and women. • Many do not speak English. • In U.S. illegally. • Generally isolated. • Receive additional benefits special services. • Classification is very important. • Victim Immunity from Prosecution • Duress or coercion into committing the offenses for which he or she is being subject to prosecution • Commercial sex act or illegal sexually-explicit performance • Immigration status irrelevant

  22. Victims or Defendants? • Special services. • Information. • Legal services, • Federal and state benefit and services, • Victim service organizations and assistance programs, • Compensation, • Medical services • Translation and interpretation services.

  23. Reporting Trafficking Crimes • Report or get help by calling the Trafficking in Persons and Worker Exploitation Task Force Complaint Line at 1-888-428-7581 (voice and TTY). • Trafficking Information and Referral Hotline at 1-888-3737-888. • Visit www.acf.hhs.gov/trafficking. • Or contact the FBI field office nearest you. • 472-7422 or 472-7465. • Guam Police Department at 475-8551/2/5-8 or 472-8911/2.

  24. QUESTIONS?

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