Sunday, January 20, 2008

Former Border Patrol Agent Sentenced for Smuggling

Jose Olivas Jr., a former Border Patrol agent, was sentenced Friday to three years in federal prison.[1] Prosecutors said that as a border agent Olivas befriended a member of the ring and was eventually drawn into the smuggling, serving as a scout when he was off duty.[2] It was asserted that Olivas helped smuggle more than 100 people into the United States and shared internal documents with leaders of the smuggling ring.[3]

He also shared agency intelligence on one of the ring’s leaders, Maria del Pilar Fierro Herrera and helped her buy a car used in the smuggling; he allowed another member of the ring to use his birth certificate to obtain a U.S. driver’s license.[4]

Mr. Olivas, who pleaded guilty in October under an agreement with the government, netted about $1,200 to $2,400, baffling Judge Barry Ted Moskowitz of United States District Court, who questioned why the agent would jeopardize his 10-year career for such a relatively small amount.[5]

Prosecutors had requested a sentence of just under three and a half years, but the judge said he shortened it to three years, plus three years probation, in light of Mr. Olivas’s otherwise clean record and his 16-year record of service with the Army.[6]

The crime of transporting illegal aliens has been previously discussed in Douglas McNabb's transnational crimes blog, here. The punishment for a violation of section 8 U.S.C. § 1324(a)(1)(B)(ii). is a fine, imprisonment for up to 5 years or both,[7] unless the violation is done for commercial advantage or private financial gain, in which case the penalty is a fine, imprisonment for up to 10 years, or both.[8]

[1] Randal C. Archibold, Border Patrol Agent Sentenced for Role, The New York Times, January 19, 2008, available at http://www.nytimes.com/2008/01/19/us/19border.html?ref=us (last visited January 19, 2008).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] 8 U.S.C. § 1324(a)(1)(B)(ii)(2008)
[8] Id. § 1324(a)(1)(B)(i).

Labels:

Thursday, January 10, 2008

Smith Facing Wildlife Smuggling Charges

Garret Smith is facing federal charges for allegedly conspiring to import protected tortoises into the United States and selling them.[1]

U.S. Attorney McGregor W. Scott filed a 21-count indictment against Garret Smith, and an unknown international conspirator dubbed "Turtle Man."[2] The indictment includes charges of smuggling protected wildlife, false labeling of wildlife, unlawful sale of wildlife and money laundering.[3]

Smith, arrested earlier this week, allegedly trafficked in rare Burmese Star and Indian Star tortoises; his accomplice is believed to live in Singapore, and is still being sought.[4]

Organized wildlife crime is one of the areas which Interpol considers to be a core transnational crime.[5] The Interpol Wildlife Working Group [hereinafter IWWG] was created by various Interpol members representing several signatories to the Convention on International Trade in Endangered Species of Wild Fauna and Flora [hereinafter CITES].[6]According to the IWWG, the “increase in international wildlife criminal activity, coupled with trends in legal and illegal trade, reveals criminal patterns and practices which indicate that organized crime composed of various cells exists with the illegal wildlife trade.”[7]The stated goal of Interpol’s efforts is to “optimize the global effort to combat environmental crimes related to wildlife and plants.”[8] To accomplish their goals the IWWG maintains an international information exchange network; improves domestic operations through cooperation; assists in the training of wildlife enforcement officers in developing countries; encourages the integration of wildlife enforcement activities; and hosts international meetings to promote improved international communication.[9]In the United States, importing, exporting, selling, receiving, acquiring, or purchasing any wildlife that has been taken, possessed, transported or sold in violation of any law or regulation of any foreign law is covered by 16 U.S.C. § 3372(a)(2)(A). The punishment for violating this statute is a fine of up to US$20,000, imprisonment for up to 5 years, or both.[10]

Sea turtles in particular are protected by the CITES.[11] CITES prohibits international trade in many species of wildlife, some involved in this case, which are deemed at risk of extinction and are, or may be, affected by international trade.[12] Five of the seven species of sea turtles are listed as ''endangered'' in all or part of their range, pursuant to the according to the Endangered Species Act; a sixth species is listed as ''threatened.'' Six species of sea turtles are found on and along the coasts of Mexico.[13]In previous posts, we have discussed charges of wildlife trafficking, a violation of the Lacey Act (16 U.S.C. § 3372(a)(2)(A)) in cases involving leopard sharks and Honduran lobsters.

[1] E-R staff, Officials allege Chicoan conspired with 'Turtle Man' on tortoise smuggling, ChicoER.com, January 10, 2008, available at http://www.chicoer.com/news/ci_7934552 (last visited January 10, 2008).
[2] Id.
[3] Id.
[4] Id.
[5] See, Interpol Wildlife Working Group, Interpol—Environmental Crime, Interpol, last visited Dec. 14, 2005.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] 16 U.S.C. § 3373(d)(1)(2008).
[11] Convention on International Trade in Endangered Species of Wild Fauna and Flora, Mar. 3, 1973, 27 UST 1087, 993 UNTS 243.
[12] Id.
[13] Id.

Labels:

Friday, November 16, 2007

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.

Labels: , ,

Tuesday, November 13, 2007

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).

Labels: ,

Thursday, October 18, 2007

Final Suspect Caught in Smuggling Case

The U.S. attorney's office says the last of 14 people accused in the smuggling deaths of 19 illegal immigrants has been extradited to the United States.[1] A fugitive wanted since 2003 for his alleged role in the nation's deadliest human smuggling attempt was extradited Tuesday from Mexico.[2]

The last of the at large defendants in this case was Octavio Torres-Ortega, arrived in Houston on the afternoon of October 16 to face 58 counts of running a smuggling operation that transported and harbored illegal immigrants into the United States.[3] Twenty of those counts carry a maximum life sentence.[4]

The smuggling attempt began in Harlingen where more than 70 immigrants from Mexico, Honduras, El Salvador and the Dominican Republic were packed inside a tractor-trailer.[5]

Nineteen immigrants died from dehydration, overheating and suffocation in the back of a big rig in April 2003.[6] Tyrone Williams, the driver of the truck abandoned the trailer at a truck stop near Victoria and is now serving a life sentence.[7] We have previously written about the case of Tyrone Williams, here.

The crime of transporting illegal aliens has been previously discussed here. The punishment for a violation of section 8 U.S.C. § 1324(a)(1)(B)(ii). is a fine, imprisonment for up to 5 years or both,[8] unless the violation is done for commercial advantage or private financial gain, in which case the penalty is a fine, imprisonment for up to 10 years, or both.[9]

Federal criminal defense attorney Douglas McNabb has previously discussed this case here, and the transnational crimes associated with smuggling, here.

[1] AP Staff, The U.S. attorney's office says the last of 14 people accused in the smuggling, Associated Press Newswire, October 16, 2007, available at LEXIS, News Library, Wire News Services File.
[2] AP Staff, Last defendant in deadly immigrant smuggling case extradited to US, Associated Press Newswire, October 16, 2007, available at LEXIS, News Library, Wire News Services File.
[3] AP Staff 1, supra note 1.
[4] Id.
[5] AP Staff 2, supra note 2.
[6] Id.
[7] Id.
[8] 8 U.S.C. § 1324(a)(1)(B)(ii).
[9] Id. § 1324(a)(1)(B)(i).

Labels:

Saturday, September 08, 2007

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).

Labels: ,

Tuesday, August 21, 2007

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).

Labels: ,

Wednesday, August 08, 2007

Boat Full of Aliens Found in Florida

Eleven people face deportation and two accused smugglers may face jail time Tuesday after North Miami police investigated a possible smuggling case.[1] When the North Miami police found people, described as Asian, were discovered hiding in a boat.[2]

A North Miami marine patrol officer noticed a suspicious boat just off Haulover Beach, searched it and found people hiding on board. He said he figured that when he asked them to dock, he would possibly find some illegal fish.[3] However, he said he found 11 illegal aliens on board. Authorities said 10 of the 11 people appeared to be from an Eastern Asia, the 11th person was from Guyana.[4]

The marine patrol officer said the aliens were hiding at the front of the boat. He said when he opened up the cabin they were all crammed inside.[5] Three men were taken into custody to face smuggling charges.[6]

Immigration and customs enforcement took over the case. They said, most likely, the 11 illegal aliens will be sent back to their home countries.[7]

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.[8] Violation of the statute can be punishable by a fine, imprisonment for up to 5 years, or both.[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]These crimes can be punishable by a fine, depending on the offense, up to 20 years in prison for each alien.[12] The statute describes aggravating factors capable of raising the statutory maximum penalty; these must be submitted as additional elements if charged in the indictment. They include whether the offense was done for the purpose of personal gain or commercial advantage,[13]whether the defendant caused serious bodily injury,[14] or whether a death resulted.[15]

Federal criminal defense attorney Douglas McNabb has previously discussed the crime of smuggling in his transnational crimes blog; these discussions can be found here.

[1] NBC Staff, N. Miami Police Investigate Possible Smuggling, NBC6.net (South Florida), August 7, 2007, available at http://www.nbc6.net/news/13840327/detail.html (last visited August 8, 2007).
[2] Id.
[3] Id.
[4] Id,
[5] Id.
[6] Id.
[7] Id.
[8] 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.
[9] Id.
[10] 8 U.S.C §1324(a)(1)(A)(iii)
[11] Id.
[12] 8 U.S.C §1324(a)(1)(B)(i)
[13] Id.
[14] 8 U.S.C §1324(a)(1)(B)(iii)
[15] 8 U.S.C §1324(a)(1)(B)(iv)

Labels:

Sunday, July 22, 2007

Sheriff Launches Human Smuggling Crackdown

Maricopa County Sheriff Joe Arpaio says his office is launching a new crackdown against human smuggling of illegal immigrants, which centers on using 160 deputies cross-trained in immigration law to scour Phoenix-area highways and roads, Arpaio said Friday.[1]

Deputies will be looking for vehicles commonly used to move large numbers of illegal immigrants and that those vehicles will be stopped if they're seen speeding or committing other violations.[2] The deputies’ strategies for the crackdown aren’t necessarily different from those they’ve been using already to target immigrants who have likely employed a human smuggler to help them enter the country; but they’ll have greater resources and more manpower with which to work.[3]

Deputies will use SWAT, aviation and electronic surveillance, night vision and high-tech weaponry to target vehicles commonly used to move large numbers of illegal immigrants, Arpaio said.[4] If such a vehicle is stopped for speeding, for example, anyone inside the vehicle who’s determined by deputies to be an illegal immigrant will be arrested and jailed.[5]

Arpaio said the enforcement effort won't be a roundup based on racial profiling. ‘‘We're not going to go out on a street corner and round up people because they look like they're from a foreign country,'' he said, although Arpaio was unsure off how his office will be able to use the tips provided. “Its an intelligence gathering tool.”[6]

The sheriff on Monday will deputize 64 federal immigration agents to they can act as both federal and local law enforcement agents.[7]‘‘We are quickly becoming a full-fledged anti-illegal immigration agency,'' Arpaio said.[8]

Federal criminal defense attorney Douglas McNabb has discussed the transnational crime of human smuggling at length in his blog, these discussion can be found here.



[1] AP Staff, Sheriff's crackdown targets human smuggling, Associated Press Newswire, July 21, 2007, available at LEXIS, News Library, Wire News Services File
[2] Id.
[3] Jill Redhage, Sheriff planning crackdown on illegal immigrants, East Valley Tribune, July 20, 2007, available at http://www.eastvalleytribune.com/story/93611 (last visited July 22, 2007).
[4] Id.
[5] Id.
[6] AP Staff, supra note 1.
[7] Id.
[8] Id.

Labels:

Tuesday, July 17, 2007

US Border Patrol Agent Sentenced for Smuggling

Eric Balderas who is a former U.S. Border Patrol agent was sentenced to two years in prison for smuggling illegal immigrants, sometimes in his own government vehicle.[1]

Balderas pleaded guilty in December 2005 to conspiracy to bring in illegal aliens and he was sentenced Thursday July 12.[2] His plea agreement asserted that he admitted smuggling at least 100 people, and it is alleged that the crimes occurred in the spring of 2005.[3]

Balderas worked with fellow agent Oscar Antonio Ortiz, who was sentenced last year to five years in prison.[4] Ortiz, himself an illegal immigrant from Mexico, admitted that he and Balderas took money to transport illegal migrants north from the U.S.-Mexico border, sometimes in their Border Patrol vehicles.[5]

The two men worked near Tecate, east of San Diego and federal wiretaps indicate they were paid $300 a person for allowing migrants to cross the border; however if the agents drove the immigrants, they allegedly received $1,800 to $2,000 per person.[6]

U.S. District Judge John Houston ordered that Balderas be immediately placed in custody; he had previously been free on bond. Balderas' federal criminal attorney, Marcus DeBose, did not immediately respond to questions.[7]

In order to convict a person of the transnational federal crime of bringing in an alien,[8] The government must prove 1) that the defendant brought or attempted to bring a person who was an alien into the U.S. at a place that is not a designated port of entry; 2) the defendant knew the person was an alien; and 3) the defendant acted with the intent to violate the U.S. immigration laws by assisting that person to enter the U.S. at a time other than designated by immigration officials, or to elude immigration officials.[9]Federal criminal attorney Douglas McNabb has previously discussed the crime of alien smuggling, here.


[1] AP Staff, US ex-Border Patrol agent sentenced to 2 years in prison for illegal immigrant smuggling, Associated Press Newswire, July 13, 2007, available at http://www.iht.com/articles/ap/2007/07/13/america/NA-GEN-US-Border-Patrol-Corruption.php (last visited July 17, 2007).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] 8 U.S.C §1324(a)(1)(A)(i)
[9] Id.

Labels:

Tuesday, June 26, 2007

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.

Labels: ,

Wednesday, June 13, 2007

Human Smuggling a Problem in Houston

At 6:45 p.m. Monday an anonymous tip to 911 reported that a large group of people was in the apartment and they "were being held against their will," said Houston Police Department spokesman John Cannon.[1] Authorities found 30 illegal immigrants in the cramped two-bedroom apartment in southwest Houston. Police found men, women and teenagers from Mexico, El Salvador and Honduras, Leticia Zamarripa, an U.S. Immigration and Customs spokeswoman.[2] She said three of the illegal immigrants were treated at a local hospital for "possible dehydration," and were scheduled to be returned to their home countries along with the remainder of the group.[3]

Authorities at the federal and local level said it's difficult to quantify the prevalence of people smuggling and "stash houses" in Houston, which is the nation's fourth-largest city.[4] For years, Houston has been considered a distribution hub for human traffickers, who sometimes hold immigrants in stash houses while family members try to raise thousands of dollars for their release.[5]

In recent months, authorities have discovered several groups of illegal immigrants being held forcibly, usually using single-family homes as cover, or apartment complexes on the south side where new arrivals blended in quietly.[6] On March 1, federal agents found 67 people in a single-family home off Interstate 45 near Griggs.[7]

In the instant case however, Walter Martinez-Malgar, a Salvadoran, has been charged in federal court in Houston with smuggling in connection with the discovery of the 30 illegal immigrants, Zamarripa said.[8]

Smuggling is a crime in the U.S.[9], and a person can be charged with smuggling in several different ways, a few of which are:

Bringing in an Alien.[10] The government must prove 1) that the defendant brought or attempted to bring a person who was an alien into the U.S. at a place that is not a designated port of entry; 2) the defendant knew the person was an alien; and 3) the defendant acted with the intent to violate the U.S. immigration laws by assisting that person to enter the U.S. at a time other than designated by immigration officials, or to elude immigration officials.[11]

Illegal Transportation.[12] The government must prove that an 1) alien; was 2) not lawfully in this country; 3) the defendant knew or was in reckless disregard[13] of the illegal alien; and 4) the defendant knowingly transported the alien with an intent to help him stay in the U.S.[14]

Alien Concealment.[15] 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.[16]

These crimes can be punishable by a fine, depending on the offense, up to 20 years in prison for each alien.[17] The statute describes aggravating factors capable of raising the statutory maximum penalty; these must be submitted as additional elements if charged in the indictment. They include whether the offense was done for the purpose of personal gain or commercial advantage,[18] whether the defendant caused serious bodily injury,[19] or whether a death resulted.[20]




[1] Susan Carroll, James Pinkerton and Kevin Moran, Salvadoran charged with smuggling after 30 illegal immigrants found, Houston Chronicle, June 13, 2007, available at http://www.chron.com/disp/story.mpl/metropolitan/4885074.html (last visited June 13, 2007).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] 8 U.S.C. § 1324 (2007).
[10] 8 U.S.C §1324(a)(1)(A)(i)
[11] Id.
[12] 8 U.S.C §1324(a)(1)(A)(ii)
[13] Not defined in the code however the 10th circuit has upheld, on a “plain error” standard, the use of an instruction defining reckless indifference as “deliberate indifference to facts which, if considered and weighed in a reasonable manner, indicate the highest probability that the alleged aliens were in fact aliens and were in the U.S. unlawfully.” United States v. Ureste-Hernandez, 968 F.2d 1042, 1046 (10th Cir. 1992).
[14] 8 U.S.C §1324(a)(1)(A)(ii)
[15] 8 U.S.C §1324(a)(1)(A)(iii)
[16] Id.
[17] 8 U.S.C §1324(a)(1)(B)(i)
[18] Id.
[19] 8 U.S.C §1324(a)(1)(B)(iii)
[20] 8 U.S.C §1324(a)(1)(B)(iv)

Labels:

Wednesday, April 25, 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]


[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).

Labels: , ,

Monday, February 26, 2007

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]



[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.

Labels: ,

Friday, February 16, 2007

Human Smuggling on the Rise in AZ.

Four recent cases in which armed assailants tried to kidnap illegal immigrants from their smugglers highlights an increase in violence in the human trafficking trade; three people were killed last week north of Tucson in what authorities believe was the latest example of armed smugglers trying to steal migrants from rival traffickers.[1] We have mentioned this previously.[2]

Kidnappings can be very profitable for smugglers, with low costs and ransoms typically ranging from $1,200 to $2,500 per person.[3] The smugglers don't have to pay any employees, drivers or guides to lead the migrants across the border.[4] "They lose a lot of overhead costs, the…fees….collected by the rip-off crews are [pure profit]." said Angel Rascon, who supervises smuggling investigations in Arizona for U.S. Immigration and Customs Enforcement.[5]

Smugglers have stolen clients from rivals mere feet from the Arizona-Mexico border, and have even raided rival gangs' stash houses in metropolitan Phoenix, which is a launching point for moving illegal immigrants to jobs across the country.[6] Arizona is the busiest illegal entry point on the U.S.-Mexico border, it leads all other border states in migrant-kidnappings.[7] Once kidnapped, the migrants are often beaten, tortured, murdered, forced into prostitution[8] or sometimes simply left on the street.

Human smuggling is prosecuted under 8 U.S.C. § 1324, the potential punishment can be up to 10 years in prison if the crime was committed for the purpose of commercial or private financial gain.

The U.S. government has placed a high priority on aggressively prosecuting human smuggling and trafficking, we have also discussed this previously.



[1] Jacques Billeaud, Smuggling Could be Behind Ariz. Killings, AP (via Houston Chronicle), February 14, 2007.
[2] Id.
[3] Id.; see also Roxana Hegeman, Suspected Human Smugglers Indicted, AP (via Hutchinson News), February 08, 2007
[4] Billeaud, supra note 1.
[5] Id.
[6] Id.
[7] Id.
[8] 8 U.S.C. § 1328 (2006); 18 U.S.C. § 2422(a) (2006).

Labels: ,

Friday, February 09, 2007

Blood Diamond Smugglers Arrested:Diane, Saoud

Federal agents have arrested two men on charges of diamond smuggling, in violation of a law intended to prevent cash from being funneled to warring areas in Africa.[1] Maliki Mohamad Diane, and Kouyate Saoud, remained in custody after a detention hearing Thursday, February 7, in federal court in Tucson.[2] Both men pleaded not guilty, and requested preliminary hearings which have not yet been set.[3]

Saoud came under suspicion after he told undercover agents at a gem show in Tucson that he had uncut diamonds for sale, the agents met with him at his motel and bought a seven-carat rough diamond for $15,300 on Saturday, February 4.[4] During the meeting, he told the agents that the diamonds were brought into the U.S. illegally and another shipment was expected.[5] 11,000 carats of rough diamonds, all believed smuggled from Africa where found in the motel room, where the men were arrested on Sunday, February 5.[6]

The estimated value of the 11,000 carats of diamonds would be worth roughly $24 million.[7] "The violence and bloodshed spawned by profits from the illegal diamond trade have left millions of people in Africa dead or homeless…. [and w]e will not allow unscrupulous gem dealers driven by greed to put lives at risk," said Special Agent in Charge Alonzo Pena.[8]

Violations of the Clean Diamond Trade Act of 2003 (CDTA) are taken very seriously.[9] The law bans the import of diamonds unless they undergo a rigorous certification procedure to ensure they do not come from illegal trade.[10] The CDTA, makes it clear that importing conflict diamonds would be a violation of the import laws of the United States.[11] Furthermore, a willful importation of conflict diamonds can be punished by a fine of not more than $50,000, imprisonment for up to 10 years, or both.[12]



[1] Customs: 2 arrested for smuggling diamonds, AP (via MSNBC), February 8, 2007.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id
[8] Id.
[9] 19 U.S.C. § 3901 et seq.
[10] Bush Signs Clean Diamond Act, Professional Jeweler Magazine, April 28, 2003.
[11] Id. § 3907(b).
[12] Id. § 3907(a)(2).

Labels:

Thursday, February 08, 2007

Illegal Immigrants Taken Hostage; Alapizco-Valenzuela, Cota-Beltran

Two Mexican citizens were indicted on federal conspiracy charges Wednesday, accused of taking illegal immigrants hostage in Arizona and threatening them with torture unless they raised a ransom, U.S. Attorney Eric Melgren said.[1] The indictment accuses Ramiro Alapizco-Valenzuela, and Rene Cota-Beltran, of taking 30 immigrants hostage in Arizona on January 18 and demanding $2,000 from each of them. They allegedly threatened that if they didn't pay “they would have their fingers, hands or ears cut off, or be otherwise maimed.”[2]

Prosecutors said on January 18, smugglers who brought the 30 immigrants to the U.S. hid them in a so-called “drop house" in Peoria, AZ, until they could be driven to their next destination.[3] Four men guarded them, taking their shoes and other personal belongings to keep them from leaving, according to the indictment.[4] The next morning, seven armed men broke into the house, tied up the guards and moved the immigrants to another house.[5] Of the group, the 10 men and one woman who were able to get the $2,000 were then loaded into a minivan en route to Jacksonville, FL, according to the indictment.[6]

The case represents a growing and disturbing trend in illegal immigration asserts Melgren, ''Illegal immigration is…a problem…..and more often than not the… law enforcement officers are encountering not just [illegal] aliens....but a new breed of criminals who prey on these ….people.''[7] Melgren continued saying, “trafficking in illegal aliens is becoming a growing source of income for organized crime operations. It is profitable and low risk because the victims are not likely to complain or contact law enforcement.''[8]

Alapizco-Valenzuela and Cota-Beltran were charged in a superseding indictment with c