Boat Thefts Show Increase in Trafficking

Boats are disappearing at an ever-increasing rate, especially in Florida. The state leads the nation in vessel thefts. "South Florida is certainly the hot spot," said Lt. John Humphreys of the Florida Fish and Wildlife Conservation Commission.^[1] According to state figures, from the beginning of the year through the end of September, 76 boats were stolen in Broward County, a 52 percent jump over the 50 boats that went missing during the same time period last year.^[2] Though fewer boats were stolen in Palm Beach County, the increase this year was more than double, from 32 in 2006 to 65 in 2007; So far this year, more than 1,200 vessels have been stolen statewide in Florida, a figure which represents a 30 percent spike.^[3]

Boat thefts accounted for a $4.8 million loss so far this year, according to Luis Padilla, an analyst with the National Insurance Crime Bureau, a private company that investigates and coordinates information on insurance claims.^[4] Working from 2004 figures, the latest available, Padilla pegged the average value of a boat in Florida at $4,000. More than 1,200 thefts translates into nearly $5 million in stolen property.^[5]

The disturbing fact about these thefts isn’t the fact that the property damage is so high, it the purpose for which the boats are being used. The increase may be due to an increase in drug smuggling, human smuggling and human trafficking.

”Go-fast boats, 26-39 feet long, are being targeted with greater frequency than in previous years…..These boats are targeted by criminals because of their high-dollar value and for use in maritime-based smuggling activities,” said Lt John Humphreys of FWC's Investigations Section in a statement.^[6]

Most of the human trafficking originates from Cuba where smugglers prefer high-horsepower boats or fishing vessels 26 to 39 feet long.^[7]

Many Cubans have arrived in South Florida via homemade vessels but many others have been transported on stolen vessels; the Coast Guard has stopped 2,587 Cuban migrants in the Florida Straits so far this year.^[8] ''This is not a mom-and-pop operation…these are sophisticated groups trying to bring people into this country and they're paid well,'' asserted Andrew Corsini, assistant special agent for US Immigration and Customs Enforcement in Miami; “Boat theft is big business and a growing trend in Florida……Frequently, boat thefts are linked to larger issues, such as organized crime and illegal immigration.” added Capt David Bullard of FWC's Investigations Section.^[9]

Conversely, in Southern California where the border with Mexico is more heavily patrolled than in previous years, human traffickers are using older boats that they simply abandon on the beach.^[10] In the past six months, about 15 boats have been dumped along the San Diego shoreline.^[11]

“What we are seeing now is a new tactic that is being used, which is basically to get these old boats for cheap somehow, and then abandon them as quickly as possible….[that way] it's no loss to the organization,” Lauren Mack, a spokeswoman with US Immigration and Customs Enforcement (ICE) in San Diego, told the San Diego Tribune.^[12]

Federal criminal defense attorney Douglas McNabb has previously discussed the transnational crime of drug trafficking here. He has previously discussed the transnational crimes associated with smuggling, here.

---

^[1] Robert Nolin, South Florida boaters beset with rising tide of thefts, South Florida Sun-Sentinel, October 19, 2007, http://www.tcpalm.com/news/2007/oct/19/south-florida-boaters-beset-rising-tide-thefts/ (last visited November 16, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Sail World Staff, Florida Boat Thefts Linked to Human Trafficking, Sail World.com, November 14, 2007, available at http://www.sail-world.com/index.cfm?SEID=2&Nid=39090&SRCID=0&ntid=0&tickeruid=0&tickerCID=0 (last visited November 16, 2007).
^[7] Id.
^[8] Id.
^[9] Id.
^[10] Id.
^[11] Id.
^[12] Id.

Korean Massage Parlor Owners Found Guilty of Peonage

Five South Koreans were found guilty in a New York court Friday of involvement in a sex-trafficking ring that involved several brothels across the northeastern United States.^[1] The five owned or managed brothels in Washington, New York and Connecticut that operated under the cover of massage parlors, spas and acupuncture clinics going by names such as "Magic Health Salon" and "OK Spa."^[2]

The five were convicted of conspiring to transport women across state and foreign borders to engage in prostitution and were among 31 people arrested in August last year and charged with immigration and trafficking offenses.^[3]

An investigation began more than two years ago after a South Korean couple who owned a chain of brothels in New York City attempted to bribe an undercover detective to avoid being raided.^[4] The resulting investigation turned up a network of brothels stretching from Rhode Island in the north to Washington.^[5]

It was asserted at trial that the trafficking ring found women in South Korea who wanted to move to the United States and either smuggled them in through Canada or Mexico or provided them with false immigration documents.^[6] The women would incur debts running into tens of thousands of dollars and would be forced to work as prostitutes to pay off their debts.^[7]

The five, named as Sun Daneman, Hyang Ran Kim, Seng Hee Ryan, Jae Shim, and Tae Nam Thompson, face between five and 10 years in jail and are due to be sentenced in March next year.^[8]

Peonage
Peonage is defined as "illegal and involuntary servitude in satisfaction of a debt."^[9] It is distinguishable from involuntary servitude, which is defined as "The condition of one forced to labor—for pay or not—for another by coercion or imprisonment,"^[10] and slavery, which is defined as "A situation in which one person has absolute power of the life, fortune, and liberty of another," because it the labor is for the payment of a debt.^[11]

Peonage is covered under 18 U.S.C. § 1581; the predecessor statute to §1581 was passed to further implement the Thirteenth Amendment, and is directed at individuals regardless of whether the individual was acting under color of law.^[12] Therefore, it is reasonable to assume that that would still be the case. Section 1581 states that whoever holds or returns any person to a condition of peonage, or arrests any person with the intent of placing him in or returning him to a condition of peonage, 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 the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.^[13] Also whoever obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be liable to the penalties prescribed in subsection (a).^[14]

---

^[1] AFP Staff, Five South Koreans convicted in US over sex-trafficking ring, Agence France-Presse, November 10, 2007, available at LEXIS, News Library, Wire News Services File.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Black's Law Dictionary 1171 (8th ed. 2005).
^[10] Id. at 1402
^[11] Id. at 1422.
^[12] United States v. Gaskin, 320 U.S. 527, 528 (1944).
^[13] 18 U.S.C. § 1581(a)(2007).
^[14] Id., at § 1581(b).

Three Charged with Smuggling in New Jersey

Two men and a woman were charged Thursday with smuggling at least 20 young women from Togo and forcing them to work at hair braiding salons in Newark and East Orange, NJ.^[1]

The women told investigators that they worked without pay for up to 14 hours a day, six or seven days a week; and that if they complained or did not follow the rules, they would be beaten, and perhaps threatened to be sent back to Africa if they objected to working without pay.^[2]

U.S. Immigration and Customs Enforcement (ICE) officials asserted that the workers were brought to the United States through a lottery that lets people from some countries have visas to move to the U.S.^[3] The alleged victims posed as relatives of lottery winners so they could get into the country.^[4]

The suspects are also Togolese nationals. Lassissi Afolabi, Akouavi Kpade Afolabi, and Dereck Hounakey, all face charges of harboring illegal aliens, which carries a maximum penalty of 10 years in prison.^[5] Kpade Afolabi is also charged with smuggling illegal aliens for financial gains, which can be punished by 10 years in prison.^[6]

Bringing in and harboring certain aliens is covered under 8 U.S.C. § 1324, wherein it states that any person who, knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;^[7] knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;^[8] knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;^[9] encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or^[10] engages in any conspiracy to commit any of the preceding acts, or^[11] aids or abets the commission of any of the preceding acts,^[12]

A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both;^[13] in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;^[14] in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18) to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both;^[15] in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both.^[16]

---

^[1] AP Staff, 3 charged with smuggling Togolese women, making them work for no pay in U.S., Associated Press Newswire, September 7, 2007, available at LEXIS, News Library, Wire News Services.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] 8 U.S.C. § 1324(i)(2007).
^[8] Id., at § 1324(ii).
^[9] Id., at § 1324(iii).
^[10] Id., at § 1324(iv).
^[11] Id., at § 1324(v)(I).
^[12] Id., at § 1324(v)(II).
^[13] Id., at § 1324(b)(i).
^[14] Id., at § 1324(b)(ii).
^[15] Id., at § 1324(b)(iii).
^[16] Id., at § 1324(b)(iv).

California Couple Plead Guilty to Human Trafficking

Elizabeth and James Jackson, of Culver City, CA., pleaded guilty today in federal court in Los Angeles to felony charges related to forced labor and human trafficking.^[1] Elizabeth Jackson pleaded guilty to a single count of forced labor, and James Jackson pleaded guilty to a single count of alien harboring.^[2]

Elizabeth Jackson admitted to forcing a Filipino woman to work against her will in the Jacksons’ home for several months in 2001 and 2002 by creating a climate of fear through threats of abuse of the legal process.^[3] James Jackson admitted to harboring the same Filipino woman in the Jacksons’ Culver City home for several months in 2001 and 2002, even though he knew her work visa had expired.^[4]

Elizabeth Jackson faces a maximum sentence of 46 months in prison for her forced labor charge. James Jackson’s sentence will include 200 hours of community service, including providing immigration-related legal advice for indigents.^[5] Both of the Jacksons are scheduled to be sentenced on Nov. 5, 2007.^[6]

“These defendants subjected their victim to what amounts to modern-day slavery, [t]he Justice Department will remain dedicated to rooting out this horrible crime and prosecuting those who would enslave others.” said Wan J. Kim, Assistant Attorney for the Civil Rights Division of the Department of Justice.^[7]

“Freedom is the most basic of human rights and no one has the right to harbor illegal aliens and force them into labor, [t]he FBI takes human trafficking crimes very seriously and is committed to investigating those involved in the systematic abuse and degradation of this essential right.” said Salvador Hernandez, Deputy Assistant Director for the FBI’s Criminal Investigative Division.^[8]

The Attorney General has made the prosecution of human trafficking crimes a top priority; in the last six fiscal years, the Civil Rights Division, in conjunction with U.S. Attorneys’ Offices, has increased by six-fold the number of human trafficking cases filed in court.^[9]

Alien Concealment^[10]
The government must prove that an 1) alien; was 2) not lawfully in this country; 3) the defendant knew or was in reckless disregard of the illegal alien; and 4) the defendants conduct facilitated the concealment of the alien for the purposes of avoiding the authorities.^[11]

Involuntary Servitude
As discussed on our peonage page, involuntary servitude is the forced labor of a person, whether it is for pay or not, it is covered under 18 U.S.C. § 1583 wherein it states that there are two distinct crimes involving involuntary servitude. It is a crime for a person to do either of the following: Kidnap or carry away any other person, with the intent that such other person be sold into involuntary servitude, or held as a slave; or entice, persuade, or induce any other person to go on board any vessel or to any other place with the intent that he may be made or held as a slave, or sent out of the country to be so made or held.^[12]

For further discussion on the transnational crime of human trafficking please refer to federal criminal defense attorney Douglas McNabb’s other posts on the subject, here.

---

^[1] US Dep’t of Justice Press Release, Former California Couple Pleads Guilty to Human Trafficking Charges, US Dep’t of Justice Website, August 20, 2007, available at http://www.justice.gov/opa/pr/2007/August/07_crt_637.html (last visited August 21, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] 8 U.S.C §1324(a)(1)(A)(iii)
^[11] Id.
^[12] 18 U.S.C. § 1583 (2007).

Doss Becomes First to Receive Mandatory Life for Sex Trafficking

U.S. District Judge Stephen G. Larson of the Central District of California sentenced Juan Rico Doss of Nevada on Monday; sentenced to life in prison without parole on Monday for transporting minors across state lines to engage in prostitution.^[1] Authorities maintain that Doss conspired with his wife, Jacquay Quinn Ford, to transport two female minors across state lines to engage in prostitution.^[2] The girls were aged 14 and 16; authorities claim Doss recruited and transported the 16 year old girl by force.^[3] The couple transported and made the girls work as prostitutes in Los Angeles, Sacramento, Oakland, and San Francisco.^[4]

The harsh sentence was mandatory due to the nature of the crime. 18 U.S.C. § 3559(e) is a statute that mandates life in prison sentences for those that have repeat offenses of sex crimes against children;^[5] Doss is one of the first people in the United States to receive a mandatory life sentence under the statute.^[6] His previous conviction of pandering minors for purposes of prostitution was ruled eligible as a prior offense under the statute on Nov. 1, 2006.^[7]

Enticement into slavery
Section 1583 of Chapter 18 of the U.S. Code covers two distinct crimes involving involuntary servitude. It is a crime for a person to do either of the following: 1) Kidnap or carry away any other person, with the intent that such other person be sold into involuntary servitude, or held as a slave; or 2) Entice, persuade, or induce any other person to go on board any vessel or to any other place with the intent that he may be made or held as a slave, or sent out of the country to be so made or held.^[8] A person convicted of this crime shall be fined 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 the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.^[9]

Sex Trafficking of Children or by Force, Fraud, or Coercion
It is a crime under 18 U.S.C. § 1591 to knowingly; 1) in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides, or obtains by any means a person;^[10] 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 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 in a commercial sex act, shall be punished as provided in subsection (b).^[11]The punishment for this offense is if the offense was effected by force, fraud, or coercion or if the person recruited, enticed, harbored, transported, provided, or obtained had not attained the age of 14 years at the time of such offense, by a fine under this title or imprisonment for any term of years or for life, or both;^[12] or 2) if the offense was not so effected, and the person recruited, enticed, harbored, transported, provided, or obtained had attained the age of 14 years but had not attained the age of 18 years at the time of such offense, by a fine under this title or imprisonment for not more than 40 years, or both.^[13] We have previously blogged about other types of human trafficking here.

---

^[1] A. Kairi, Man Receives Life Sentence for Sex Trafficking of Minors, AssociatedContent.com, July 4, 2007, available at http://www.associatedcontent.com/article/301644/ (last visited July 4, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] 18 U.S.C. § 3559(e)(2007).
^[6] Kairi, supra note 1.
^[7] Id.
^[8] 18 U.S.C. § 1583 (2007)
^[9] Id.
^[10] 18 U.S.C. § 1591(a)(1)(2007).
^[11] Id at § 1591(a)(2).
^[12] Id at § 1591(b)(1).
^[13] Id at § 1591(b)(2).

Man Pleads Guilty to Enslaving, Smuggled Dancers: Maksimenko

Aleksander Maksimenko, a Michigan man who pleaded guilty to bringing Eastern European women to the United States and forcing them to work as exotic dancers, was sentenced Monday to 14 years in prison, and pay restitution totaling more than $1.5 million, the amount authorities said he and a co-defendant took from the dancers.^[1]

Maksimenko, pleaded guilty in 2006 to involuntary servitude, alien smuggling conspiracy and money laundering conspiracy.^[2] Authorities said he used the business name Beauty Search Inc. to bring at least 12 women from the Ukraine and elsewhere and forced them to work 12-hour days six days a week as exotic dancers at Detroit-area strip clubs.^[3]

The two men acknowledged as part of their plea agreements that they kept the women's passports, threatened to report them to the government as illegal immigrants and subjected them to physical violence.^[4]They also imposed thousands of dollars in debt on the women, which was paid by surrendering the money they made dancing.^[5] Two of the dancers accused Maksimenko of forcing them to have sex with him.^[6] According to court records, Maksimenko told investigators he felt it was his right as the boss to have sex with his female employees.^[7]

Pursuant to a Rule 11 Plea Agreement, Aleksander Maksimenko pled
guilty to involuntary servitude,^[8] alien smuggling conspiracy,^[9] and money laundering conspiracy.^[10]

The involuntary servitude charge Maksimenko was served with was conspiracy against rights. under this law if two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or if two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured — they shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.^[11]

---

^[1] AP Staff, Man gets 14 years for enslaving women as exotic dancers, Associated Press Newswire, June 26, 2007, available at LEXIS, News Library, Wire News Services.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] 18 U.S.C. §241 (2007).
^[9] 8 U.S.C. §1324(a)(1)(A)(v)(I) and (B)(I)) (2007).
^[10] 18 U.S.C. §1956 (2007).
^[11] 18 U.S.C. §241.

San Antonio Gets First Federal Sex Trafficking Case

Timothy Michael Gereb and Brent Andrew Stephens, attended their bail hearing Tuesday, June 19, which ended rather abruptly for the two San Antonio men charged with sex trafficking.^[1] U.S. Magistrate Judge John Primomo ordered government prosecutors to bring three agents with U.S. Immigration and Customs Enforcement to testify today about statements they took from three alleged victims.^[2] The orders came over the objections of the defense lawyers for Gereb and Stephens.^[3] The lawyers objected to the witness statements after one of the agents testified during Tuesday's hearing that the statements were not read back to the witnesses word for word.^[4]

Gereb and Stephens are charged, along with three women, with child sex-trafficking in the city's first federal human-trafficking case.^[5] A San Antonio registered nurse has also been charged in San Antonio's first federal sex-trafficking case, accused of helping others recruit or harbor two teenagers from Mexico for prostitution.^[6]

They are alleged to have recruited, harbored or transported two girls, 15 and 17, and their 22-year-old friend from Nuevo Laredo, Mexico, to work in escort service.^[7] Stephens, according to court records, is alleged to have been present when the girls, ages 15 and 17, and their 22-year-old friend were groped or inspected nude and allegedly threatened with a gun by co-defendant Gereb, at a San Antonio apartment in mid-May.^[8]

Stephens was informed at a brief court hearing Monday that he is charged with aiding and abetting the recruitment, harboring and transportation of children for sex; if convicted, he faces 10 years to life in prison.^[9]

Stephens is the fifth suspect taken into custody in the case, which initially began with allegations that sisters Maria De Jesus Ochoa, and Consuelo Pilar Ochoa, were working with Gereb to recruit teens in Nuevo Laredo, Mexico, for work as escorts and that the girls would later be forced into prostitution.^[10]

Stephens' lawyer, Anthony B. Cantrell, questioned the credibility of the alleged victims, who were allegedly smuggled into this country by the Ochoas.^[11] Cantrell asserted that the government has never spoken to his client, but instead leveled the charge after listening only to the alleged victims' version of events, and that Stephens has never been in trouble with the law and that he turned himself in early Saturday, shortly after learning a warrant had been issued for his arrest.^[12]

Enticement into slavery
Section 1583 of Chapter 18 of the U.S. Code covers two distinct crimes involving involuntary servitude. It is a crime for a person to do either of the following: 1) Kidnap or carry away any other person, with the intent that such other person be sold into involuntary servitude, or held as a slave; or 2) Entice, persuade, or induce any other person to go on board any vessel or to any other place with the intent that he may be made or held as a slave, or sent out of the country to be so made or held.^[13] A person convicted of this crime shall be fined 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 the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.^[14]

Sex Trafficking of Children or by Force, Fraud, or Coercion
It is a crime under 18 U.S.C. § 1591 to knowingly; 1) in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides, or obtains by any means a person;^[15] 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 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 in a commercial sex act, shall be punished as provided in subsection (b).^[16] The punishment for this offense is if the offense was effected by force, fraud, or coercion or if the person recruited, enticed, harbored, transported, provided, or obtained had not attained the age of 14 years at the time of such offense, by a fine under this title or imprisonment for any term of years or for life, or both;^[17] or 2) if the offense was not so effected, and the person recruited, enticed, harbored, transported, provided, or obtained had attained the age of 14 years but had not attained the age of 18 years at the time of such offense, by a fine under this title or imprisonment for not more than 40 years, or both.^[18] We have previously blogged about other types of human trafficking here.

---

^[1] Staff, Agents must testify in trafficking case, San Antonio Express-News, June 20, 2007, available at http://www.mysanantonio.com/news/metro/stories/MYSA062007.trafficking.en.1e63b2d2.html (last visited June 20, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Guillermo Contreras, Nurse, 39, charged in sex trafficking of children, San Antonio Express-News, June 18, 2007, available at http://www.mysanantonio.com/news/metro/stories/MYSA061907.03B.sex_traffic_folo.345cf50.html (last visited June 20, 2007).
^[7] Id.
^[8] Id.
^[9] Id.
^[10] Id.
^[11] Id.
^[12] Id.
^[13] 18 U.S.C. § 1583 (2007)
^[14] Id.
^[15] 18 U.S.C. § 1591(a)(1)(2007).
^[16] Id at § 1591(a)(2).
^[17] Id at § 1591(b)(1).
^[18] Id at § 1591(b)(2).

7 Nations added to Tier 3 Human Trafficking List

The U.S. on Tuesday, June 12, added seven nations, some of them key U.S. allies in the Middle East, to its human trafficking blacklist for failing to halt what it called "modern-day slavery."^[1] Countries on the list are now subject to possible sanctions for not doing enough to stop the crime that creates a yearly flow of some 800,000 people, 80 percent of them female and more than half of them children, across international borders for the sex trade and other forms of forced and indentured labor.^[2]

The U.S. allies that received the failing grade were Bahrain, Kuwait, Oman and Qatar, which along with Algeria, Equatorial Guinea and Malaysia joined for the first time perennial offenders like Myanmar (Burma), Cuba, Iran, North Korea and Syria in the State Department's annual "Trafficking in Persons Report."^[3]

Sixteen states in all — four more than in 2006 — were given "Tier 3" status in the survey of global efforts to combat trafficking in people, many of whom are seeking to escape poverty in Eastern Europe, South and Southeast Asia and are sold into the commercial sex trade, made to do manual labor or mistreated as domestics.^[4]

Countries with "Tier 3" ranking "do not fully comply with the minimum standards (to fight trafficking) and are not making significant efforts to do so," which makes them eligible for U.S. economic sanctions.^[5]

The seven newcomers to "Tier 3" were all demoted from "Tier 2 watchlist" status,^[6] which now covers 32 countries, including India, Mexico and Russia, that have been cited for poor anti-trafficking records for numerous consecutive years.^[7] Most of this year's additions to "Tier 3" are Muslim or predominantly Muslim nations, many of which have the means to enforce foreign workers' rights and anti-trafficking laws.^[8] Bahrain, for example, is the Persian Gulf home to the U.S. Fifth Fleet. They were cited for failing to crack down on human traffickers who are bringing in men, women and children for forced labor or commercial sex work, and they "made no discernible progress in preventing trafficking this year," the report says.^[9]

The full "Tier 3" list in this year's report contains: Algeria, Bahrain, Cuba, Equatorial Guinea, Iran, Kuwait, Malaysia, Myanmar, North Korea, Oman, Qatar, Saudi Arabia, Sudan, Syria, Uzbekistan and Venezuela, with Malaysia making its first appearance on "Tier 3" for its failure to protect and identify victims of trafficking, many of them Indonesian domestics.^[10]


Enticement into slavery
Section 1583 of Chapter 18 of the U.S. Code covers two distinct crimes involving involuntary servitude. It is a crime for a person to do either of the following: 1) Kidnap or carry away any other person, with the intent that such other person be sold into involuntary servitude, or held as a slave; or 2) Entice, persuade, or induce any other person to go on board any vessel or to any other place with the intent that he may be made or held as a slave, or sent out of the country to be so made or held.^[11]

A person convicted of this crime shall be fined 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 the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.^[12]

Sex Trafficking of Children or by Force, Fraud, or Coercion
It is a crime under 18 U.S.C. § 1591 to knowingly; 1) in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides, or obtains by any means a person;^[13] 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 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 in a commercial sex act, shall be punished as provided in subsection (b).^[14]

The punishment for this offense is if the offense was effected by force, fraud, or coercion or if the person recruited, enticed, harbored, transported, provided, or obtained had not attained the age of 14 years at the time of such offense, by a fine under this title or imprisonment for any term of years or for life, or both;^[15] or 2) if the offense was not so effected, and the person recruited, enticed, harbored, transported, provided, or obtained had attained the age of 14 years but had not attained the age of 18 years at the time of such offense, by a fine under this title or imprisonment for not more than 40 years, or both.^[16]

We have previously blogged about other types of human trafficking here.

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^[1] Matthew Lee, Seven nations added to trafficking list, Associated Press Newswire, June 12, 2007, available at LEXIS, News Library, Wire News Services.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id. (Three countries that had been placed on "Tier 3" in 2006 — Belize, Laos and Zimbabwe — were promoted to "Tier 2" this year for improving their records, according to the report. "Tier 2" countries are those that do not fully comply with minimum standards but are making significant efforts to do so).
^[7] Id.
^[8] Id.
^[9] Id.
^[10] Id.
^[11] 18 U.S.C. § 1583 (2007)
^[12] Id.
^[13] 18 U.S.C. § 1591(a)(1)(2007).
^[14] Id at § 1591(a)(2).
^[15] Id at § 1591(b)(1).
^[16] Id at § 1591(b)(2).

Arizona Fails on Human Trafficking Report Card

Congressman Harry Mitchell will ask federal and local officials today, May 29, what Congress can do to help them crack down on the violent crimes of human and drug smuggling, that plague the state of Arizona.^[1] The Arizona Democrat is hosting a round-table discussion with U.S. Customs and Immigration officials, Arizona Attorney General Terry Goddard and other authorities who work to combat crimes associated with illegal immigration. Mitchell represents Arizona's Fifth Congressional district, which includes Scottsdale, Tempe and parts of Chandler, Mesa and Phoenix.^[2]

This new concern comes on the heals of a new finding by the Center for Women Policy Issues that shows Arizona as receiving poor grades in a new study examining how U.S. states deal with the international trafficking of women and girls, including for prostitution and forced labor and servitude.^[3]

The Center for Women Policy Issues gave Arizona failing grades when it came to protecting trafficking victims; regulating international marriage brokers (i.e. mail-order brides) and regulating travel agencies that promote or facilitate sexually oriented tourism.^[4] Arizona got a C-plus grade from the policy group for its penalties against illegal trafficking, because the state passed new laws in 2005 making sex trafficking and forced labor trafficking a felony.^[5]

Arizona is a key entry point into the U.S. for Mexican smugglers and traffickers, whose criminal syndicates bring in drugs, illegal immigrants, and in some cases women and girls that will be forced into prostitution or forced labor after they arrive in the U.S.^[6]

Phoenix City Councilwoman Peggy Bilsten and former state attorney general Grant Woods have been pushing a state bill that offers stiffer penalties related to child prostitution.^[7] Bilsten asserts that young girls from the Valley, rural parts of the state and other areas including Mexico are being forced into prostitution and there is demand for younger girls in the illegal sex marketplace.^[8] The measure passed the Arizona Senate but has stalled in the state House of Representatives, because some conservative Arizona House Republicans want to allow prostitution customers to have the defense of saying they did not know of the girl's age.^[9]

Of the major U.S./Mexico border states California and Texas received better grades than Arizona on the trafficking report card but Nevada and New Mexico faired far worse.^[10]

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^[1] AP Newswire, Congressman, immigration authorities to discuss smuggling crackdown, Associated Press Newswire, May 29, 2007, available at LEXIS, News Library, Wire News Services.
^[2] Id.
^[3] Mike Sunnucks, Arizona flunks sex-trafficking survey, The Business Journal of Phoenix, May 24, 2007, available at http://sanantonio.bizjournals.com/phoenix/stories/2007/05/21/daily34.html (last visited May 29, 2007).
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] State Report Card, Center for Women Policy Issues Website, available at http://www.centerwomenpolicy.org/documents/ReportCardonStateActiontoCombatInternationalTrafficking.pdf (last visited May 29, 2007).

U.S./Mexico Partner Up

Since the beginning of time criminals have found it useful to flee across borders to escape prosecution, a perfect example historical example of this are the Nazi Ratlines which helped European war criminals flee Europe after World War II.^[1] Mexico has often been a destination for U.S. criminals as well, but growing cross-border collaboration between California and Mexico is landing more of these fugitives in court in their native country.^[2]

Since 1980, California has actively been pursuing cases that rely on a little-known Mexican law, Article 4 of the Mexican Penal Code, which allows the American justice system to seek prosecution in Mexico of citizens suspected of committing crimes in the United States.^[3] State and local authorities have sought convictions in 277 cases with help from prosecutors in Mexico.^[4] Although the law has been on the books since the 1930s, the number of prosecutions based on Article 4 of the Mexican penal code has been going up.^[5] The rapidly growing immigrant population is giving a transnational dimension to crimes ranging from drug trafficking to murder; the U.S. authorities have found that relying on the Mexican justice system makes loads of sense.^[6]

''It's something that's been recognized by both governments….[y]ou can't share a border and not be able to communicate and work together.'' asserted Val R. Jimenez, special agent in charge of foreign prosecution and law enforcement for the California Attorney General's Office.^[7] Relationships such as this and the current U.S./Colombian narco-terror task force,^[8] work to make law enforcement more cohesive and comprehensive, thus leading to more joint Article 4 prosecutions, and also international child abduction cases, drug trafficking investigations, human smuggling, human trafficking and other transnational crimes.^[9] These cases now have a much higher prosecution rate.

Extradition of Mexicans to the U.S. – and vice versa -- are also on the rise, but there can be advantages to taking an alternate route and simply trying a Mexican citizen in a Mexican court.^[10] For example, many other countries are hesitant to extradite suspects to the U.S. where they might be exposed to the death penalty. Thus the extradition trials, which need translators and many other services, can also be much more expensive than a trial in Mexico.^[11]

Investigations with international ramifications can be hampered by differences in language and criminal codes or a lack of mutual trust; networks such as this help alleviate those trust issues, said David Shirk, director of the Trans-Border Institute and the Justice in Mexico Project at the University of San Diego.^[12] "For police anywhere in the country there are some lessons to be learned about how to deal with crime that ties back to Mexico, Vietnam, El Salvador…..[t]his is a unique prosecutorial mechanism that is especially relied on in California, but is beginning to be used in other parts of the country as the information gets out and other prosecutors become aware of this possibility.''^[13]

Article 4 of the Federal Penal Code for the Republic of Mexico states that crimes committed in a foreign country by a Mexican citizen against a foreign citizen, or by a foreign citizen against a Mexican citizen will be punished in the Republic of Mexico, in accordance with federal law, if the following requirements are met: 1) That the defendant be in the Republic of Mexico; 2) that the defendant has not been definitively tried in the country where the crime was committed; and 3) that the crime with which the defendant is charged be a crime in both the country where it was committed and the Republic of Mexico.^[14]

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^[1] The ratlines mainly led toward safe havens in South America, particularly Argentina, Paraguay, Brazil and Chile.
^[2] Juliana Barbassa, Cross-border collaboration landing US suspects in Mexican courts, Associated Press Newswire, Apr. 16 2007, available at LEXIS, News Library, Wire News Services File.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] For more on this see our previous blog, available here.
^[9] Barbassa, supra note 2.
^[10] Id.
^[11] Id.
^[12] Id.
^[13] Id.
^[14] Website for the Attorney General of Texas, Article 4 page, available at http://www.oag.state.tx.us/criminal/art4.shtml#art4 (last visited Apr. 24, 2007).

Kristos Illegal Alien Show: Ivanov

Kristo Ivanov is a circus performer who helped more than 800 foreigners enter the United States illegally.^[1] Ivanov was sentenced to more than year in prison by U.S. District Court Judge Patricia Fawsett.^[2] He pleaded guilty last month to federal charges of inducing illegal aliens to enter the United States and making false statements in visa applications, the United States Attorney's Office said in a statement Wednesday.^[3]

Ivanov has worked since 1968 as an acrobat and circus performer for various companies, including Ringling Bros. and Barnum and Bailey Circus. Since 1995 he has been based in Orlando and had been performing an act with his family dubbed, "Kristos Alien Show." ^[4]

Ivanov, a Bulgarian native but now a U.S. citizen, confessed in a federal affidavit that he personally helped as many as 870 illegal immigrants enter or remain in the United States between 2001 and 2006.^[5] Ivanov received between $500 and $2,500 for prepared visa applications made through his circus booking agency, Magic Star Entertainment of Lake Mary.^[6] The applications stated that the immigrants were circus performers coming to work in Florida, however none of the illegal immigrants were hired by any of the circuses listed in the applications, instead they worked as carpenters, housekeepers and as unskilled labor.^[7]

As part of his plea agreement, Ivanov cooperated with the Department of Homeland Security's Citizenship and Immigration Services' fraud unit to identify all of the applications submitted through his scheme.^[8] Ivanov also agreed to forfeit to the United States about $800,000 he earned in smuggling fees.^[9] Ivanov was charged with fraud and misuse of visas, permits, and other documents^[10] and bringing in and harboring certain aliens.^[11]

Fraud and misuse of visas, permits, and other documents is covered under 18 U.S.C. § 1546(a) and states that whoever knowingly forges, counterfeits, alters, or falsely makes any immigrant or nonimmigrant visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, or utters, uses, attempts to use, possesses, obtains, accepts, or receives any such visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained

The crime of bringing in and harboring certain aliens is committed when, any person who encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.^[12]

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^[1] Jim Ellis, Acrobat Gets Prison for Alien Smuggling, Associated Press Newswire, Apr. 12, 2007, available at LEXIS, News Library, Wire News Services File.
^[2] Id.
^[3] Id.
^[4] Id., see also Kristo’s website, http://www.magic-star.com/kristos.htm (last visited Apr. 12, 2007).
^[5] Ellis, supra note 1.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] 18 U.S.C. § 1546(a) (2007).
^[11] 8 U.S.C. § 1324 (a)(1)(A)(iv) (2007).
^[12] Id.

Piracy Becomes a Global Problem

The German Frigate Bremen, a frigate packed with high-tech weaponry and surveillance equipment, is a part of Operation Enduring Freedom where their mission is to combat piracy and terrorism in the high seas.^[1] They patrol off the coast of the Horn of Africa, protecting the world's most important shipping lanes through which two-thirds of the planet's oil shipments pass.^[2] These are also some of the most violent waters in the world, piracy, drug smuggling, arms and human trafficking are rampant here, the proceeds of which go to finance global terrorism.^[3]

According to the Bremen's commander, Capt. Andreas Jedlicka, this is a silent war, one where battles are fought behind radar screens and using intelligence reports. Boats are first spotted on radar, then sailors take off in the ship's two Sea Lynx helicopters to identify boats, while a 10-man specialized marine unit is on alert for boardings.^[4] On the deck, sailors man loaded heavy machine guns, and keep a weather eye on the horizon for a suicide speed boat or low flying aircraft attack.^[5] The crew must log every ship they spot, be it a massive cargo container ship or one of the traditional wooden dhows that have sailed these waters for centuries.^[6]

At present, nine coalition warships patrol 11,700 miles of coastline of 14 nations, covering 2.4 million square miles of sea. Sea borne trade is the backbone of the global economy because of its relative cheapness to air travel and the ease with which ships can transport huge quantities of goods.^[7] This is the result of a more globalized economy; the amount of goods transported through ships has quadrupled in the last 40 years, as of this writing 80 % of world trade is done through ships.^[8] However ever-opportunistic pirates have matched the shipping growth, and in the last decade piracy has tripled, and the amount of money that can be acquired through piracy is such that the risk/reward balance makes the pirates all that more daring.^[9] An attempted hijacking of a cruise liner by Somali pirates armed with assault rifles and rocket propelled grenades in 2005 is an example. See previous posts on Somali pirates, here.

The USS Cole is not the only recent terrorist incident at sea, two years after the Cole was hit, a boat exploded after ramming a French oil tanker off the coast of Yemen, killing one, and in 2004 a 1,050-passenger ferry sank off the Philippines after a bomb was detonated below decks, killing more than 100 people.^[10]

The supreme threat is still an attack against three key shipping channels, narrow sea lanes in the Middle East that, if comprimised could temporally shut down the world economy. More than 90 percent of European trade passes through either the Strait of Hormuz^[11] in the Persian Gulf, the Suez Canal or the Bab el Mandab at the of the Horn of Africa.^[12] A terrorist attack on the international trade routes is only a matter of time,^[13] and when it happens it will be so catastrophic that it would spark a two-digit oil price rise, by way of example, a $1 oil price rise costs the U.S. economy some $7.4 billion each year.^[14] For impoverished African economies that are dependent on oil imports, the costs are far more crippling.^[15]

Most pirate attacks take place inside territorial waters, close to the coast, where the coalition has no legal authority; in 2005 there were 276 attempts and hijackings, of those only 24 took place in international waters where the coalition has authority.^[16] However since piracy is a crime with a tag of universal jurisdiction, any government can legally apprehend and prosecute pirates.

The concern over violent crime on the high seas is not restricted Africa and the Middle East however. The issue of transnational organized crime in the Caribbean is also currently the focus of an OAS discussion group underway in Jamaica.^[17] The seminar which is being held in Montego Bay, March 20-22, includes the participation of justice and law enforcement officials from all English-speaking countries in Caribbean, as well as Haiti and Suriname.^[18] Along with experts from the OAS Department of Public Security and the Inter-American Drug Abuse Control Commission (CICAD), the Caribbean participants will address four specific aspects of organized crime: drug trafficking, trafficking in persons, arms trafficking and gangs.^[19]

In his opening remarks, Peter Phillips, the Minister of National Security of Jamaica, stressed the increasing internationalization of transnational organized crime, to the degree that Caribbean cultural integration of the region is being more effectively accomplished by organized criminals than by the states.^[20] Minister Phillips said that “solutions cannot be found within the traditional definitions of sovereignty, as organized crime operates truly without national borders….[we must work together].”^[21]

We have previously discussed Piracy, Arms Trafficking, Drug Trafficking, and Human Trafficking, in this blog.

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^[1] Anthony Mitchell, Pirate patrol uses Cole as inspiration, AP (via NavyTimes.com), March 20, 2007
^[2] Id.
^[3] Id. This information was compiled by Combined Task Force 150, a 14-nation task force comprised of the U.S., U.K., France, Saudi Arabia, Denmark, Italy, Spain, Britain, Canada, Germany, Bahrain, New Zealand, Pakistan and Singapore. It is coordinated with, and incorporates vessels of, the US Navy's Fifth Fleet, under the Combined Forces Maritime Component Commander/Commander US Naval Forces Central Command in Bahrain. Since its inception, CTF 150 has been commanded by France, the Netherlands, Germany, Pakistan and is currently led by the UK.
^[4] Id.; The term “boardings” refers to the moment when pirates have subdued a ship and are boarding it to attain their loot.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] IMO website, IMO Fourth Quarterly Report, Int’l Maritime Org., Ref. T2-MSS/2.11.4.1, Feb 15, 2007.
^[10] Id.
^[11] Staright of Hormuz website, http://www.dataxinfo.com/index.htm(last visited Mar.22, 2007). The strait at its narrowest is 21 miles wide
^[12] Mitchell, supra note 1. Some 3.3 billion barrels of oil a day destined for Europe and the U.S. pass through the 18-mile, largely un-policed Bab el Mandab straits; see also http://www.converger.com/eiacab/choke.htm (last visited Mar. 20, 2007).
^[13] Dustin Dehez, Outside View: Threats in Africa, National Ledger, January 20, 2006.
^[14] Mitchell, supra note 1.
^[15] Id.
^[16] Id., see also IMO Website, supra note 9.
^[17] OAS Helping to Address Transnational Organized Crime in the Caribbean, OAS Press Release (via PressZoom), March 22, 2007. (Organized by the General Secretariat of the Organization of American States ( OAS ) and the Jamaican government, with financial support from the government of Canada.)
^[18] Id.
^[19] Id.
^[20] Id.
^[21] Id.

Canadians to Assist U.N. with Human Trafficking Guidebook

A UN training manual to help police around the world combat the scourge of human trafficking is being developed with the assistance of the Royal Canadian Mounted Police (RCMP).^[1] The manual will help teach law enforcement officers in 192 countries how to identify, interview, protect, and properly care for victims of human trafficking.^[2]

Canada has won much praise for its protection of human trafficking victims, an approach that includes community consultation with non-governmental entities (NGOs).^[3] "Partnerships with [NGOs] are absolutely key. Faith-based groups throughout the country have come together and are each able to provide a certain facet of what is required for that victim to recover from the trauma that they've experienced," said RCMP Cpl. Norm Massie.^[4]

Members of such NGOs applaud the idea of more training for police, since they are often the first people to encounter victims of human trafficking working in prostitution.^[5] The UN estimates that more than 700,000 people a year, mostly women and children, are victims of the crime.^[6]

We have discussed human trafficking at length on this blog, most recently here.

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^[1] Human trafficking police manual for UN developed in Canada, CBC News, March 5, 2007
^[2] Id.
^[3] Id.
^[4] Id
^[5] Id.
^[6] Id.

Ex-Border Patrol Agent Charged with Smuggling: Villaneuva

Former U.S. Border Patrol agent Bernie Villaneuva now faces charges of smuggling illegal immigrants across the border.^[1] Border agents from the Sonoita station apprehended him off Highway 83 between Sonoita and Tucson.^[2] "He has been detained. He is in custody and he will be charged with felony alien smuggling," said U.S. Border Patrol public information officer, Gus Soto.^[3]

According to authorities, Villaneuva was transporting two illegal immigrants; a man and a woman who told agents that Villaneuva would transport them to Phoenix from Nogales for $500 each.^[4] However Villaneuva told border agents the only thing he was getting from the immigrants were drinks and “companionship” from the woman.^[5]

Villaneuva worked for the Border Patrol out of Nogales from 1996 to 2000, and because of his years with the U.S. Border Patrol, Villaneuva may have known to avoid Interstate-19 North to Tucson and instead take State Route 82 to State Route 83 because there is no permanent checkpoint set up on that route.^[6]

Even though he left the U.S. Border Patrol in 2000 on medical discharge, agents say his arrest still tarnishes the agency's image.^[7] "We're just like any other agency, and we are prone to some agents doing some criminal acts. They are very few and far between but anytime one happens, it does give the agency a black eye," said Soto.^[8]

Alien Smuggling is very serious offense; it makes it a criminal act for anyone, knowing that a person is an alien, to bring that person to the United States in any manner whatsoever at a place other than a designated port of entry, regardless of whether the alien has received official authorization to enter the United States.^[9] Violation of the statute can be punishable by a fine, imprisonment for up to 5 years, or both.^[10]

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^[1] Erica Heartquist, Former Border Patrol Agent Caught Allegedly Smuggling Illegals, KVOA News 4 Tucson, February 24, 2007.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id
^[8] Id.
^[9] 8 U.S.C. § 1324(a)(1)(A)(i); 8 U.S.C. § 1342(a)(1)(A)(v)(I) criminalizes engaging in any conspiracy to do so.
^[10] Id.