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Part 1 - Human Trafficking and the Networks that Operate

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

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Part 1 - Human Trafficking and the Networks that Operate

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  1. Part 1 - Human Trafficking and the Networks that Operate James L. Dold, J.D. Policy Counsel

  2. 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

  3. 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.

  4. 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.

  5. 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

  6. 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.

  7. NHTRC Functions

  8. 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.

  9. Total Call Volume – 43,498Dec 7, 2007 – Nov 30, 2011 (December 7 – December 31, 2007) (January 1 – November 30, 2011)

  10. Regional Breakdown

  11. 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

  12. 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

  13. Key Georgia StatisticsDecember 7, 2007 – November 30, 2011 • 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

  14. Georgia Trends Domestic Servitude Factories/ Plants Restaurants Craigslist, Backpage, & Other Sites Forced Street & Hotel Prostitution Asian Massage Parlors

  15. Places Trafficking Occur

  16. Who are the Traffickers? Traffickers can be: • Anyone • Strangers, Friends, Partners, Family Members or Neighbors • US Citizens and Foreign Nationals • Males and Females • Adults andMinors • Any race • Members of victim’s own ethnic or national background • Of diverse socioeconomic backgrounds

  17. Trafficking Network Structures Less Organized More Organized More centralized

  18. Sex Trafficking Networks

  19. 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

  20. 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 kctoto@yahoo.com

  21. 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

  22. 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.

  23. Labor Trafficking Networks

  24. 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.

  25. 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

  26. 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.

  27. Other Types of Labor Trafficking • Construction • Fishing • Timber • Trafficking can occur in those industries that have a high demand for cheap labor.

  28. 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

  29. 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)

  30. Federal Law: TVPA • 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… • 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

  31. 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

  32. Trafficking Victims Protection Act – Criminal and Civil Provisions

  33. 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 hasnot attained 18 years of age; or

  34. Criminal Elements to Human Trafficking MEANS Force Fraud Coercion ACTION Recruits, Harbors, Transports, Provides, OR Obtains (or so attempts) PURPOSE Commercial sex acts OR Labor or Services

  35. 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

  36. 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

  37. 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)

  38. 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).

  39. 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)

  40. 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.

  41. 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.

  42. 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.  

  43. The Evolution of State Human Trafficking Policy • 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

  44. 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.

  45. 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.

  46. What can be done to Improve the State Approach to Combat Human Trafficking? • Create a comprehensive federal and state human trafficking legal framework; • 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;

  47. What can be done to Improve the State Approach to Human Trafficking? • 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.

  48. 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.

  49. 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.

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