THE NATIONAL JUDICIAL COLLEGE EDUCATION | INNOVATION | ADVANCING JUSTICE

IN ASSOCIATION WITH THE OFFICE OF THE ADMINISTRATIVE OFFICE OF THE TENNESSEE COURTS AND SPONSORED BY THE STATE JUSTICE INSTITUTE

HUMAN TRAFFICKING: WHAT TENNESSEE JUDGES NEED TO KNOW Professor Terry Coonan

OBJECTIVES: As part of a collaboration with the Center for Public Policy Studies and the Center for Court Innovation, this program is presented by FSU’s Center for the Advancement of Human Rights and the National Judicial College and sponsored by the State Justice Institute. After this session, you will be able to: 1.

Describe how the Trafficking Victim Protection Act of 2000 and Tennessee law have changed previous definitions of slavery;

2.

Define how force, fraud, and coercion are employed against victims in modern human trafficking cases; and

3.

Apply Tennessee’s human trafficking statutory provisions to one or more case studies.

REQUIRED READING:

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Terry Coonan, Human Trafficking: What Tennessee Judges Need to Know (Sept. 2016) [NJC PowerPoint] .......................................................................................................1

S&I:

HUMAN TRAFFICKING: WHAT TENNESSEE JUDGES NEED TO KNOW SEPTEMBER 23, 2016 KNOXVILLE, TN

WB/KZ

Human Trafficking: What Tennessee Judges Need to Know Presented By: Professor Terry Coonan Florida State University

What Is Human Trafficking? 

Forms of modern-day slavery that involve the exploitation of persons for commercial sex or forced labor



Often involves crossing an international border but does not require movement



Traffickers use force, fraud, or coercion to control their victims

A Human Rights Crisis 

Approximately 20-27 million people held in slavery worldwide



Estimated 500,000 to 2 million people trafficked worldwide annually



Estimated 15,000 to 18,000 trafficked annually into the United States

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A Lucrative Business  Yields

an estimated $32 billion in profits each year world wide

 An

estimated $9 – $12 billion earned in the United States

Organized Crime  After

drug trafficking, human trafficking is the most lucrative business for organized crime

 Unlike

drugs, humans can be resold again and again

It’s Here in the United States

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A Nationwide Epidemic

It’s Here in Tennessee

It’s Here in Tennessee 2013 TBI Report 76 of Tennessee’s 95 counties have reported HT cases Urban and rural counties

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U.S. Sex Trafficking Trends Relevant to Tennessee 1. 2. 3. 4. 5. 6.

Agricultural brothels Massage establishments Internet based prostitution Domestic minor sex trafficking Major Tourism Events Gang-driven sex trafficking

(1) Agricultural Brothels

(1) Agricultural Brothels  Cater

to migrant male customers (farmworkers, construction workers, etc)

 Bulk

prostitution operations

 Victims

often undocumented and paying off smuggling debts

 Victims

are moved frequently

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The Waiting Room

“The Work Station”

Tools of the Trade

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Victim Belongings

Reyna Rodriguez Rios case Knoxville 2011 

Massive immigrant sex trafficking ring brought down in 2011



Spanned five states (Tennessee, Kentucky, Georgia, South Carolina, Alabama)

Reyna Rodriguez Rios case Knoxville 2011 Nine “operators” arrested, including Reyna Rodriguez Rios

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Reyna Rodriguez Rios case Knoxville 2011 

One brothel operated out of Rios’ home on Bob Gray Road in Knoxville



Additional brothels in Morristown, Goodlettsville, Nashville, Johnson City, and Madison

Reyna Rodriguez Rios case Knoxville 2011 Conspiracy also involved delivery service with advertising done by business cards

Reyna Rodriguez Rios case Knoxville 2011 

Rios and other perpetrators lured undocumented immigrant women into sex trafficking scheme



Promised them jobs that proved to be non-existent . . . Confiscated their documents . . . Threatened and beat them

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Reyna Rodriguez Rios case Knoxville 2011 

Victims exploited for 35+ sex acts nightly, six days a week



Were traded between brothels and moved on Sundays

(2) Massage Establishments

Massage Establishments 

Often fronts for prostitution and sex trafficking



Immigrant women victims typically working off immigration debts as high as $50,000 to $100,000



Moved frequently by nationwide “Korean taxi service”

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2014 TBI Raids

2014 TBI Raids 3 Chinese women who spoke no English rescued from Golden Massage in Franklin

2014 TBI Raids Business had advertised on Backpage

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2014 TBI Raids Victims slept in basement of owner Peng He’s home in Franklin and had their passports taken from them

2014 TBI Raids 

Peng He arrested and charged with sex trafficking & money laundering



$300,000 criminal proceeds seized

2012 Campbell Case (Chicago)

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Campbell Case (Chicago) 

Chicago native Alex Campbell convicted on January 30, 2012 on sex trafficking and labor trafficking charges



Had operated four massage parlors in the suburbs of Chicago

“Businessperson” Alex Campbell

The “Branding” of His Victims

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Campbell Case 

Case began when one victim went to local police after being beaten



Victims had been told it would cost them $25,000 to leave “The Family”



One victim threatened her family in Belarus would be sent a sex tape

Campbell Case 

Campbell given life sentence in 2013



Judge cites the brutality of the exploitation and lifelong scars victims will bear

One of the Clients 

Defense attorney identified in court by Ukrainian victim as a client



Insisted he had only received massages . . .

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(3) Internet-based Prostitution

Prostitution 20 Years Ago Streetwalking

Prostitution 10 Years Ago Throwaway Newspapers

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2016: Internet’s Virtual Streetcorner

2016: Internet’s Virtual Streetcorner 

Prostitution – and sex trafficking – have proliferated through websites



Backpage allows 3rd party users to post ads for $5 - $10 . . . Makes over $22 million annually



Much internet-based prostitution is pimp-driven

2016 Memphis Arrests 3 young suspects arrested after advertising 14 year old for sexual services on Backpage

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(4) Domestic Minor Sex Trafficking

Domestic Minor Sex Trafficking 

Average juvenile age of entry into prostitution is now 13-15 years old



Children are being groomed into prostitution

Runaway and Throwaway Children: America’s Newest Homeless Class

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Largest Number of Sex Trafficking Victims in the U.S. 

An estimated 100,000+ victims annually



Many resort to “survival sex”



90% of female minor runaways come in contact with a pimp within 48 hours of leaving home

Domestic Recruiting Locations  







Schools Juvenile courts Shopping malls Bus stations Social Media

Domestic Recruiting Locations 

Most common means of recruiting: online communications



Kik, Instagram, Facebook, MeetMe, Twitter

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Potential DMST Indicators 

Truancy or no longer enrolled in school



May go missing for 1-2 weeks at a time



Hypersexualized behavior



Much older “boyfriend”

Potential DMST Indicators 

Branding tattoos



Prepaid cellphone provided by unknown person



Hotel keys / keycards



Excess amounts of cash or gift cards . . . New clothes or jewelry

Glorification of the Pimp Lifestyle

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DMST Victims The Reality

DMST Victims Before and After

Tattoo Branding by Pimps

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Tattoo Branding by Pimps

Tattoo Branding by Pimps

Males and LGBTQ Victims

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Male DMST Victims 

More prevalent than once thought



Often engaged in “survival sex”



Often introduced to commercial sex not by a pimp but rather through peer network



Many are “gay for pay” but still identify as heterosexual

Familial DMST Trafficking 

Sex trafficking done by a family member



Often done to support a drug habit

2011 West Case 

Teresa Ann West and her son and daughter operated sex trafficking ring in Nashville area, 2004 to 2009



Recruited minors from rural high schools . . . Plied them with crack cocaine

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2011 West Case 

Exploited the minors in motels in Nashville, Pigeon Forge, and Murfreesboro



West given 15 year sentence

2016 TBI Stings 

Nashville sting leads to 41 arrests, including Vanderbilt football player and a high school teacher



Knoxville arrests include two pastors

(5) Major Tourism Events

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Tourism Events and Sex Trafficking

(6) Gang-driven Sex Trafficking

Sex Trafficking & Gangs 

Street gangs increasingly involved in sex trafficking of U.S. citizen girls & women



“Diversified portfolio” beyond traditional gang drug trafficking



Sex trafficking seen as low risk, high profit venture

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Sex Trafficking & Gangs Emerging Trends Girls being “sexed in” to gangs  See themselves as belonging to gang 

Sex Trafficking & Gangs Street gangs increasing in Tennessee

Crips

Bloods

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MS-13

Black Gangster Disciples

McClain case Knoxville 2016 

Gangster Disciple gang member Roger McClain given 10 year sex trafficking sentence



Had exploited a woman online for almost a year, beating her and injecting her with heroin

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U.S. Labor Trafficking Cases

U.S. Labor Trafficking Cases 

The largest number of trafficking cases nationwide



The largest number of victims



Often occur “in plain sight”



Often involve legitimate U.S. businesses

U.S. Venues for Labor Trafficking 

Agriculture



Sales crews



Construction



Nail salons



Forestry



Hotels/Motels



Janitorial Services



Restaurants



Nursing Homes



Landscaping

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Labor Trafficking in U.S. Hotels

San Destin Hilton Case The Victims:  Eastern European college students admitted on J-1 student visas  Arrived with plane tickets that would cost $2,000+ to change

San Destin Hilton Case The Traffickers – Eastern European Organized Crime Groups: Eurohouse (2 companies) Southern Amenity et al Sigor, Inc. ISS Inc., et al High Quality Services MVA Right Services EBS DarPol & AmPol Maint

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Panhandle Locations

Southeastern U.S. Locations

Labor Trafficking in the U.S. Service Industry

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Weitzel Case (Gulfport MS--2011) 

Federal subcontractor Randall Weitzell pleads guilty to labor trafficking of illegal aliens



8 year conspiracy in which Weitzel falsified documents, transported and harbored aliens, and exploited them throughout southern Mississippi

Weitzel Case (Gulfport, MS – 2011) Jobsites where foreign nationals trafficked included Keesler Air Force Base and Gulfport Federal Courthouse

Trafficking Victims Protection Act (TVPA)

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TVPA Background 

Meant to counter emerging trends in human trafficking nationwide



Meant to legislatively respond to 1988 Kozminski Supreme Court decision (holding that slavery cases required showing of force or threat of force).

TVPA = Victim-Centered Law 

Trafficking victims, even if in U.S. illegally, viewed as crime victims.



Programs created to assist victims including T (trafficking) visa.



HT victims eligible for benefits if willing to assist in LE prosecution.

Human Trafficking Defined 

In U.S. law, human trafficking is now defined as criminal acts of involuntary labor or commercial sexual exploitation that are induced through force, fraud, or coercion



Similar to the definition under international law (U.N. Protocol)

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Elements of Trafficking Force: physical violence such as beatings, rape, shootings, starvation, or confinement Fraud: can include false or deceptive offers of employment, marriage, or a better life Coercion can include • Threats of serious harm to the victim, the victim’s family, or another person • Document confiscation • Threats of deportation)







Physical Force Not Required 

Physical force is no longer required



Showing of fraud or psychological coercion now suffices



Prosecutors now have new tools to prove up slavery in U.S. courts

The Collaborative Approach The anti-trafficking movement in the United States is made up of a unique partnership: 1. Law Enforcement & prosecutors 2. Non-governmental service providers (End Slavery Tennessee)

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State Anti-Trafficking Statutes

Polaris Project State Ratings

State Statutes 

Wyoming became 50th state to enact anti-trafficking laws in 2013



Tennessee ranked as Tier 1 state and especially noted for its rigorous child sex trafficking laws

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Tennessee Statute § 39-13-314 Human Trafficking Defined 

Involuntary servitude



Forced labor or services



Trafficking for commercial sex



Promoting the prostitution of a minor

Tennessee Statute § 39-13-314 Restitution Provisions 

Victims may bring civil actions for actual, compensatory, and punitive damages



Mandatory Restitution for: • Medical & psychological treatment • Transportation, temporary housing, and childcare

Tennessee Statute § 39-13-314 Restitution Provisions 

Gross income or value of victim’s labor or commercial sex acts to the defendant



Compensation for emotional distress, pain, and suffering



Relocation expenses



Repatriation expenses

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Tennessee Statute § 39-13-307 Involuntary Servitude Subjecting another to forced labor or services through: 1. Serious bodily harm (or threats) 2. Physical restraint 3. Abuse of the law or legal process 4. Destroying or confiscating passport or ID documents

Tennessee Statute § 39-13-307 Involuntary Servitude Subjecting another to forced labor or services through: 5. Use of blackmail or threat of financial harm 6. Facilitating or controlling access to a controlled substance 7. Controlling another’s movements

Tennessee Statute § 39-13-308 Forced Labor 

Knowingly recruiting, enticing, harboring, transporting, providing, or obtaining another for involuntary servitude; or



Benefiting or receiving anything of value from involuntary servitude



Class C Felony

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Tennessee Statute § 39-13-308 Trafficking for Commercial Sex Knowingly recruiting, enticing, harboring, transporting, providing, purchasing or obtaining another for a commercial sex act induced by: 1. Causing or threatening physical harm 2. Physical restraint 3. Abuse of the law or legal process

Tennessee Statute § 39-13-308 Trafficking for Commercial Sex Knowingly recruiting, enticing, harboring, transporting, providing, purchasing or obtaining another for a commercial sex act induced by: 4. Destroying or confiscating passport or ID document 5. Blackmail or threat of $$$ harm 6. Facilitating or controlling access to a controlled substance

Tennessee Statute § 39-13-308 Trafficking for Commercial Sex 

Class B felony



Class A felony if victim under 15 or offense occurs within 1,000 feet of a school, park, or recreational center

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Recent Additions to Tennessee Statutes 

TBI given original jurisdiction of HT cases statewide



Minors under 18 immune from prosecution for prostitution



Consent by a minor victim to sex trafficking is not a defense

Recent Additions to Tennessee Statutes 

Immunity from prosecution for prostitution where person is victim of involuntary servitude or sexual servitude



Convictions for prostitution may be vacated if person was victim of sex trafficking

National Hotline Number 1-888-3737-888 24/7 hotline service that alerts local law enforcement and service providers about potential cases

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Tennessee Hotline Number 1-855-588-6484 Licensed governmental offices and private businesses with frequent public contact encouraged to post the hotline number

Resources for Judges and Courts http://www.htcourts.org • Information Cards • Fact Sheets • Educational Materials • HT Guide

Questions? Thank You! Professor Terry Coonan [email protected]

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