Presentation on theme: "William F. See FBI UCR Program CJIS Division. TVPA,22 U.S.C, § 7102, defines human trafficking: (A) sex trafficking in which a commercial sex act is induced."— Presentation transcript:
TVPA,22 U.S.C, § 7102, defines human trafficking: (A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA, 28 U.S.C. § 534) Signed into law on December 23, 2008. Reauthorizes TVPA of 2000. A Congressional mandate for the FBI to modify UCR.
Requires the Director of the FBI to: Classify the crime of Human Trafficking as a Part I (Summary) and Group A (NIBRS) offense in UCR. Establish subcategories for state sex crimes. Distinguish between incidents of assisting or promoting prostitution, purchasing prostitution, and prostitution.
The FBI UCR Program has implemented three new Offenses: Human Trafficking/Commercial Sex Acts: inducing a person by force, fraud, or coercion to participate in commercial sex acts, or in which the person induced to perform such act(s) has not attained 18 years of age. Human Trafficking/Involuntary Servitude: the obtaining of a person(s) through recruitment, harboring, transportation, or provision, and subjecting such persons by force, fraud, or coercion into involuntary servitude, peonage, debt bondage, or slavery(not to include commercial sex acts). Purchasing Prostitution: To purchase or trade anything of value for commercial sex acts.
Human Trafficking in SRS Incorporated into SRS specifications 1.Mirrors the Return A structure 2.Electronic FBI only form Two new Part I Offenses 1.Human Trafficking/Commercial Sex Acts 2.Human Trafficking/Involuntary Servitude
Human Trafficking in SRS Prostitution and Commercialized Vice subcategories on the ASR a.Prostitution b.Assisting or Promoting Prostitution c.Purchasing Prostitution New circumstance for Human Trafficking on SHR
Human Trafficking in NIBRS Incorporated into new NIBRS Technical Specifications Three new offense codes 1.Human Trafficking/Commercial Sex Act (64A) 2.Human Trafficking/Involuntary Servitude (64B) 3.Purchasing Prostitution (40C) Minimizes impact to NIBRS data contributors a.Addition of new offense codes b.No new data elements or data values One to one conversion for CIUS publication
SSA David B. Rogers Civil Rights Unit Washington, DC 202-324-9383
Civil Rights Program Human Trafficking ♦ Domestic servitude ♦ Commercial sex (all adults and international minors located within the U.S.) ♦ Forced labor Crimes Against Children Unit ♦ Domestic minors involved in commercial sex
Estimated 29 Million Slaves Worldwide More slaves now than at any time in history* Cheap/Disposable commodity 2 nd or 3 rd Most Profitable Criminal Activity in the World (Est. $32 Billion)
Civil Rights Crime: 13th Amendment of U.S. Constitution A Modern Definition: TVPA “Human trafficking” is compelling or coercing another person’s labor or services (including commercial sex) Coercion can be subtle or overt; physical or psychological Need not include movement or smuggling
18 USC 1351 – Fraud in Foreign Labor Contracting 18 USC 1584 – Sale into Domestic Servitude 18 USC 1589 – Forced Labor 18 USC 1591 – Sex Trafficking 18 USC 2421 – Mann Act 18 USC 2424 – Filing Factual Statement about Alien Individual
Generally Three Types Sex Trafficking – Adults: Force, Fraud, Coercion – Minors: No Proof of Force, Fraud, or Coercion Required Labor Trafficking – Force, Coercion Domestic Servitude
FORCE Used to break victim’s resistance to make them easier to control.
Kidnapping/recapturing of an escaped victim Beatings and Torture (Rape, sexual abuse, harassment) Forced pregnancy/abortion Confinement/kept under guard/surveillance Use of restraints Denial of food/ water/ medical care/ contraceptives/ condoms Removal of children Concealment of whereabouts to friends/family
FRAUD Involves false offers that induce people into trafficking.
Promises of immigration/travel documents Victim instructed to use false/counterfeit identity/travel documents Signed contract to do legitimate work Required to do work other than agreement Promises of salary that never materialize Misrepresentation of work/conditions of work
COERCION Involves threats of harm, any scheme, plan or pattern or abuse to a person if the person did not enter into or continue in such condition.
Debt bondage Threats of serious harm to victim/victim’s friends and/or family Trafficker/pimp controls all of victim’s family/friends outside brothel Threatening to use photos against victim Withholding documents Punishment of others Quotas Verbal or psychological abuse Fear of Law Enforcement
It is a crime that only involves foreigners. It requires foreign or interstate travel/ border issues It is only related to the sex industry If they get paid, they aren’t victims
Human Trafficking Victims do not consent to their situations Entails forced exploitation of a person for labor/services Crime against each persons fundamental rights Occurs domestically-victims held captive in own country Crime Against Person Alien Smuggling Includes those who consent to smuggling Contract ends after border crossing Smugglers need only to entail physical movement of “customers” Is always an international Crime Against Border
Human Trafficking The Industries - US COMMERCIAL SEX – Prostitution – Stripping – Pornography – Live-sex shows -Brothels -Massage Parlors DOMESTIC SERVITUDE – Housekeeping – Child rearing
Human Trafficking The Industries - US LABOR EXPLOITATION – Sweatshop Factories – Migrant Agricultural Work – Restaurant Work – Hotel/Resort Housekeeping – Food Processing – Construction and Landscaping
Vulnerable VISA Pattern Recruiter in home country Promises cash and conditions Debt in exchange for VISA and/or Employment Identity documents taken Debt manipulated Harsh conditions Deportation threats
Vulnerable VISA Pattern 2 Recruited as VISA is expiring/overstay Promises to extend VISA Debt in exchange for extension Identity documents taken Deportation threats Debt manipulated Harsh conditions
Vulnerable Visa Programs H-2A Seasonal Worker – Agriculture H-2B Seasonal Worker G-5/A-3 Visa – Domestic Servant J-1/F/M – Student and Exchange Visitors B1 & B2 – Tourist Business/Pleasure Visa Waiver Program
Victims may be illegal immigrants, legal immigrants or citizens Diaspora population with poor LEO relations Minors – “hello” Homeless Substance abuse users Mentally challenged Minimal education level Cultural background Experiences with legal system
I feel so ashamed. My family went into debt to pay my recruitment fee- if I return home as a failure I will betray my family. Am I a victim? My family may be killed. I will be deported. I fear law enforcement. Victim Challenges
Human Trafficking - Engaging the Threat REACTIVE MOST VICTIMS ARE FOUND BY: Complaint or Victim walk-in Local Law Enforcement Response to an Incident Information received from NGO’s, churches, and community service providers
No control over travel documents Debt increases Don’t speak English/Others speak for them Live where they work Locked into their residence Bosses take their pay Pay boss for food, clothes, rent Not free to leave Someone always watching/guarding Not free to contact family members or friends Threatened by bosses Family threatened Told what to say if questioned by police Lied to about work they have to perform
Human Trafficking Engaging the Threat PATIENCE – These are very lengthy cases Keep a Victim-Centered Approach Requires, attorneys, linguists, counselors, shelters, financial services, relocations services…
Human Trafficking The Industries – U.S. Trends COMMERCIAL SEX –Drug Mules –Cantinas/Bars –Brothel Rings LABOR EXPLOITATION –Labor Leasing Companies –Elder Care Facilities Homes –Begging/peddling rings –Criminal Acts- shoplifting –Magazine crews –Asian Restaurants
Increase in Criminal Enterprises engaging in HT activities Increase in Labor Leasing Companies controlling the work force for domestic companies Increase in Public Corruption to protect traffickers Increase in the use of social media to recruit victims Boom Towns (Oil & Gas Industry)
Human Trafficking Engaging the Threat COOPERATION AND COLLABORATION Federal, state and local partners – CROSS COORDINATION Task Forces and working groups (88) Non-governmental organizations (NGOs) which provide emergency shelter, food, medical assistance, counseling and legal assistance Immigration Rights organizations
Named after the North Star that guided slaves towards freedom along the Underground Railroad Victim Services and Housing National Human Trafficking Resource Center National Training & Technical Assistance Federal & State Policy Advocacy Public Outreach & Communication Web: www.polarisproject.orgwww.polarisproject.org
Toll-free national hotline 24/7, 365 days, live person, 172 languages, confidential Responds to crisis calls Reports tips to law enforcement Provides victim service referrals Conducts training and technical assistance Offers information and resources Generates statistical reports Polaris Project
Crisis Calls 5% Crisis Calls 5% Tips 15% Tips 15% Referrals 12% Referrals 12% General Information 28% General Information 28% Training & Technical Assistance 5% Training & Technical Assistance 5% Related and Miscellaneous 34% Related and Miscellaneous 34% New Category Coming Soon: Orange – High Risk Victims
- BJA-funded, state, & local Human Trafficking Task Forces - Human Trafficking Prosecution Unit (HTPU) - FBI Civil Rights - Local LE vice units, human trafficking divisions - ICE - FBI Innocence Lost Task Forces & Working Groups - Child Exploitation & Obscenities Section (CEOS); - Internet Crimes Against Children (ICAC) Task Forces - National Center for Missing & Exploited Children - Local LE crimes against children units L OCAL, S TATE, F EDERAL L AW E NFORCEMENT T IPS I NVOLVING M INORS
50,610 total calls as of 4/11/12 1,619 monthly average calls in 2011 Approx. 25% calls reference potential situations 2,225 calls reported to law enforcement 813 calls received from law enforcement – 592 local and 221 federal 5,904 potential victims referenced as of 4/11/12
Sex Trafficking Pimp-Controlled Prostitution 51% Asian Massage Parlors 7.5% Intimate Partner/Familial Sex Trafficking 4.5% Latino Residential Brothel 4% Labor Trafficking Domestic Servitude 45%Sales Crews 10%Restaurants 10%Small Businesses 7%
29 Calls about Carnivals 152 Calls about Human Trafficking and Gang Activity 212 Calls Referencing Backpage.com and Human Trafficking 595 Calls about Intimate Partner Trafficking 311 Calls from Buyers of Commercial Sex 272 Calls about Labor Trafficking in Sales Crews 207 Calls Referencing Facebook and Human Trafficking 86 Calls about Smuggling & Ransom 2,049 Calls Directly from Victims 58 Calls Referencing the Military and Human Trafficking 478 Calls Referencing Sex Trafficking at Hotels 338 Calls from Truckers about Minor Sex Trafficking
Note: a single case may be reported to multiple agencies. Reports to Human Trafficking Task Force may include FBI Civil Rights, FBI Innocence Lost, ICE, Assistant United States Attorneys, and local law enforcement.
Current Outcomes based on Limited Responses – 1856 Outcomes on 945 cases – 449 Investigations Opened – 842 Confirmed Victims – 7 Cases Potential Trafficker Prosecuted NHTRC Regional Specialists send out quarterly reports to agents/agencies who have received tips asking for victim and case-based outcomes.
2000: U.S enacts Trafficking Victims Protection Act 2003: Washington first to enact state laws 2012: 49 states and DC have state laws (except WY) Most recent additions: MA and WV No. states with sex trafficking: 47* No. states with labor trafficking: 49 Variation in laws: some are standalone offenses, others are imbedded within existing offenses (e.g. VA and OH)
No. states bringing state charges: 31 No. of arrests: 165 No. states with successful convictions: 21 Majority of cases are sex trafficking Challenges: – Lack of awareness within criminal justice system (LE, prosecutors, judges, etc.) – No knowledge of new state laws – Limited buy-in from leadership and other stakeholders Note: Data based on open source collection through government press releases and media articles.
Use of laws: AL, AZ, CA, CO, FL, GA, HI, IA, IL, IN, KS, KY, LA, MA, MD, MI, MO, MS, NC, NE, NJ, NM, NY, PA, RI, SC, TN, TX, UT, WA, WI Convictions: CA, CO, HI, IA, IL, KS, KY, LA, MD, MI, MO, MS, NC, NE, NJ, NM, NY, PA, RI, TX, WI
Five defendants charged with state-level human trafficking and related offenses for operating a prostitution ring that compelled women and a minor into commercial sex. One defendant charged with labor trafficking for allegedly forcing one victim to transport drugs across state lines against her will. Human Trafficking charges: – Recruiting Minor For Child Sexually Abusive Activity - a 20 year felony – Threats Of Physical Harm Causing Injury - a 15 year felony – Forced Labor - a 10 year felony – By Blackmail - a up to 10 years felony
9/21/11: Introduced by Rep. John Carter (R-TX) et al. To amend the Omnibus Crime Control and Safe Streets Act of 1968 to include human trafficking as a part 1 violent crime for purposes of the Edward Byrne Memorial Justice Assistance Grant Program. 9/23/11: House Committee on the Judiciary: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Brad Myles, Executive Director Kathleen Davis, National Training Director Tel: (202)745-1001 Email: email@example.com@polarisproject.org Web: www.polarisproject.orgwww.polarisproject.org Hotline: 1-888-373-7888
Call Us 24/7: 1-888-3737-888 Email: firstname.lastname@example.org@polarisproject.org Report a Tip Online or Access Resources and Referrals: www.traffickingresourcecenter.orgwww.traffickingresourcecenter.org
John Vanek Anti-Human Trafficking Consultant Lieutenant (Ret.), San Jose Police Human Trafficking Task Force
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. 13 th Amendment to the U.S. Constitution, 1865
Commercial Sexual Exploitation Commercial Sexual Exploitation of Children Domestic Minor Sex Trade Forced Labor Forced Servitude Debt Bondage Peonage
Federal Efforts: U.S. DOJ Anti-Human Trafficking Task Forces: Identify & Rescue Victims Prosecute Offenders Train Law Enforcement Raise Community Awareness
Law Enforcement & Victim-Centered Philosophy Law Enforcement & Multi-Disciplinary Approach
State Efforts: Creation of new laws Options for training Coordination of activities
California, Penal Code 236.1 (a)Any person who deprives or violates the personal liberty of another with the intent to effect or maintain a felony violation of: enticing a female under 18 into a location for purposes of prostitution; pimping; pandering; abduction of a minor for prostitution; employ a minor to distribute or produce pornography; extortion; or to obtain forced labor or services, is guilty of human trafficking. 3,5,6 years adult victim / 4,6,8 years minor victim
Challenges: New terms for Law Enforcement New philosophy for Law Enforcement New laws for Law Enforcement New response model for law enforcement
New Victim / Offender Paradigm: Entrepreneurs of the new slavery Yesterday’s offender is today’s victim Friends & family as offenders
Bad News – Good News LE awareness Refinement of laws Prosecution experience Avoid low hanging fruit
Bad News – Good News LE awareness is rising Refining our approach Training opportunities Community engagement Higher Education
States of Awareness Trends: one big one - If you are not finding slavery in your community, You are not looking for slavery in your community.
Neither slavery nor involuntary servitude…shall exist within the United States, or any place subject to their jurisdiction. 13 th Amendment to the U.S. Constitution, 1865 John Vanek, Consultant, Lt. (Ret.) San Jose Police Human Trafficking Task Force
Gregory S. Swanson UCR Training Instructor CJIS Division
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