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 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.
2.
3.
Human Trafficking/Commercial Sex Act (64A)
Human Trafficking/Involuntary Servitude (64B)
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
TNMPD0000 – 10120177773ME
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A D MI NI ST RAT IV E
S EG ME NT
1)
ORI: TNMPD0000
4)
CLEARED EXCEPTIONALLY:
OFFENSES:
CITY:
2
2) INCIDENT:
VICTIMS:
1012017773ME
3) DATE:
N NOT APPLICABLE
1
OFFENDERS:
5)
01/20/2010 01
CLEAR DATE:
1
ARRESTEES:
1
========================================================================
O FF EN S E
S E G M E N T ( 1 OF 2 )
6)
8A)
8)
10)
12)
13)
OFFENSE: 40A PROSTITUTION
BIAS MOTIVATION:
88 NONE
USED: N NOT APPLICABLE
PREMISES ENTERED: 0
TYPE ACTIVITY:
TYPE WEAPON:
7)
OFFENSE STATUS:
C COMPLETED
9) LOCATION TYPE: 13 HIGHWAY/ROAD/ALLEY
11) METHOD ENTRY:
========================================================================
O FF EN S E
S E G M E N T ( 2 OF 2 )
6)
8A)
8)
10)
12)
13)
OFFENSE: 40B PROMOTING PROSTITUTI 7) OFFENSE STATUS: C COMPLETED
BIAS MOTIVATION:
88 NONE
USED: N NOT APPLICABLE
9) LOCATION TYPE: 13 HIGHWAY/ROAD/ALLEY
PREMISES ENTERED: 0
11) METHOD ENTRY:
TYPE ACTIVITY:
TYPE WEAPON:
========================================================================
V I CT I M
S E G M E N T ( 1 OF 1 )
23)
24)
25)
SEQ#: 001
VICTIM CONNECTED TO: 40A
TYPE OF VICTIM: S SOCIETY/PUBLIC
========================================================================
O FF EN D ER
S E G M E N T ( 1 OF 1 )
36)
SEQ#:
01
37)
AGE:
16
38) SEX:
F
FEMALE
39)
RACE: A
ASIAN
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
• 2nd or 3rd 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
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
• 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
• 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
Alien Smuggling
Human Trafficking
•
Includes those who consent
to smuggling
•
Victims do not consent to their
situations
•
Contract ends after border
crossing
•
Entails forced exploitation of a
person for labor/services
•
Smugglers need only to
entail
physical movement of
“customers”
•
Crime against each persons
fundamental rights
•
Occurs domestically-victims held
captive in own country
•
•
Is always an international
Crime Against Border
Crime Against Person
• COMMERCIAL SEX
–
–
–
–
-
Prostitution
Stripping
Pornography
Live-sex shows
Brothels
Massage Parlors
• DOMESTIC SERVITUDE
– Housekeeping
– Child rearing
• 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
a
victim?
MyAm
family
may
be
I
fear
law
II feel
so
ashamed.
will be
deported.
killed.
enforcement.
Victim
Challenges
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
PATIENCE – These are very lengthy cases
Keep a Victim-Centered Approach
• Requires, attorneys, linguists,
counselors, shelters, financial
services, relocations services…
• 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)
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
Civil Rights Unit
FBIHQ, Washington, DC
• 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.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%
Tips
15%
Referrals
12%
General
Information
28%
Training &
Technical
Assistance
5%
Related and
Miscellaneous
34%
New Category Coming Soon: Orange – High Risk Victims
LOCAL, STATE,
FEDERAL LAW
ENFORCEMENT
TIPS
INVOLVING
MINORS
- 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
•
•
•
•
•
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
Reason for Calling the NHTRC
(blank)
0%
General
Information
26%
Linked
Calls
3%
Related/Mis
c
8%
Crisis
11%
Tip
13%
Service
Referral
23%
(blank)
0%
Sex and
Labor
Trafficking
2%
Type of Trafficking
Labor
Trafficking
15%
Training and
TA
16%
Other/Not
Specified
15%
Sex
Trafficking
68%
Sex and
Labor
Trafficking
2%
Labor
Exploitation
31%
Sex
Trafficking
48%
Labor
Trafficking
19%
Sex Trafficking
Labor Trafficking
Pimp-Controlled
Prostitution 51%
Domestic Servitude 45%
Asian Massage Parlors 7.5%
Sales Crews 10%
Intimate Partner/Familial
Sex Trafficking 4.5%
Restaurants 10%
Latino Residential Brothel
4%
Small Businesses 7%
152 Calls about
Human
Trafficking and
Gang Activity
212 Calls
Referencing
Backpage.com
and Human
Trafficking
311 Calls from
Buyers of
Commercial Sex
272 Calls about
Labor Trafficking
in Sales Crews
207 Calls
Referencing
Facebook and
Human
Trafficking
2,049 Calls
Directly from
Victims
58 Calls
Referencing the
Military and
Human
Trafficking
478 Calls
Referencing Sex
Trafficking at
Hotels
29 Calls about
Carnivals
595 Calls about
Intimate Partner
Trafficking
86 Calls about
Smuggling &
Ransom
338 Calls from
Truckers about
Minor Sex
Trafficking
1200
1000
800
600
400
200
0
LE - Human Trafficking
Task Force
LE - FBI Civil Rights
LE - NCMEC
LE - FBI/CAC Innocence Lost Task
Force
LE - ICE
LE - Local LE, NonTask Force
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: training@polarisproject.org
Web: www.polarisproject.org
Hotline: 1-888-373-7888
• Call Us 24/7: 1-888-3737-888
• Email: nhtrc@polarisproject.org
• Report a Tip Online or Access Resources and
Referrals: www.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.
13th 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
Good News – Bad News
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.
13th 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
• What are your training needs?
• What is needed from the national Program?
• How can we help you prepare for 2013?