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Department of Defense

Trafficking in Persons (TIP)

Law Enforcement Intervention &


Investigations Training Module
“Neither slavery nor involuntary servitude,
except as 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, December 6, 1865
Beyond the Obvious

Role of DoD Law Enforcement


Officers in Identifying, Intervening,
Investigating, and Helping
Victims of Human Trafficking
Presentation Overview

• Understanding human trafficking


• Identifying crime of human trafficking
• Communicating with victims of human
trafficking
• Roles and responsibilities of DoD law
enforcement
• Evidence of success
Human Trafficking: What Is It?

• Human trafficking is a form of modern-day slavery


• Victims of trafficking exploited for commercial sex or
labor purposes
• Traffickers use force, fraud or coercion to achieve
exploitation

After drug dealing, human trafficking is tied with the


illegal arms trade as the second largest criminal
industry in the world, and it is the fastest growing.
Human Trafficking: What Is It?
Sex Trafficking: Commercial sex act induced by force, fraud or
coercion, or in which person performing the act is under age 18.
– Victims can be found working in massage parlors, brothels, strip clubs,
escort services
Labor Trafficking: Using force, fraud or coercion to recruit,
harbor, transport, obtain or employ a person for labor or
services in involuntary servitude, peonage, debt bondage or
slavery
– Victims can be found in domestic situations as nannies or maids,
sweatshop factories, janitorial jobs, construction sites, farm work,
restaurants, panhandling

Crime of trafficking occurs with the exploitation of the victim.


The physical movement of the victim is not a requisite.
The TVPA protects both U.S. citizens and non-citizens.
Trafficking vs. Smuggling
Trafficking Smuggling
• Is not voluntary • Is voluntary – individual
• Entails exploitation of a typically contracts to be
person taken across a border
• Need not entail physical • Ends after border crossing
movement of a person • Fees are usually paid in
• Can occur domestically advance or upon arrival
• Is a crime against the • Is always international in
right of each person to be nature
free from involuntary • Is a crime against the
servitude nations sovereignty
TIP Examples
• Zambian girls were trafficked to Ireland for commercial sexual exploitation
• Filipina women were trafficked to Cote d’Ivoire for commercial sexual
exploitation
• Vietnamese children were trafficked to the United Kingdom for forced
involvement in drug smuggling
• Thai men were trafficked to the United States for labor exploitation and debt
bondage
• Dominican women were trafficked to Montenegro for commercial sexual
exploitation
• A Kenyan woman was trafficked to Mexico for commercial sexual
exploitation
• Chinese women were trafficked to Afghanistan for commercial sexual
exploitation
• Russian students were trafficked to the United States for forced labor, selling
ice cream
Myths Associated with
Human Trafficking
Myth #1:
All Prostitutes
Are Willing Participants
Prostitutes:
Who Are They?

• Majority are teens or young children


• Many are kidnapped
• Average entry age (worldwide) into prostitution is 13 ½ years
• Most come from abusive backgrounds & a life of poverty
• Most are homeless- desperate for basic necessities
• Most are easy prey (low self esteem)
• Most avoid authorities: fear of pimp, jail or being deported (no valid
passport, ID or visa)
• On average (worldwide), prostitutes die just 8 years after entering the trade
• Leading causes of death Include: cervical cancer, AIDS, hepatitis, suicide,
& murder
What Really Happens
to Most Prostitutes?
• ID taken, raped & beaten into submission
• Disease (STD/STIs, HIV/AIDS, hepatitis, etc)
• Drug & alcohol addiction
• Starvation, poor health & nutrition
• Dangerous working conditions
• Crippled or malformed
• Scarred by violence & torture
• Internal organ damage (cervical cancer)
• Unwanted pregnancy / abandoned children
• Mental abuse (low self-esteem)
• Humiliated/degraded (forced into pornography)
• Suicide
• Death threats, threats to family members
• Murdered
Philosophy of a Trafficker/Pimp

1. Trick, seduce (kidnap) you w/ false promises & dreams


2. Cut you off from friends/family (country)- take your ID
3. Beat & rape you into submission; sell you to strangers
4. Control every aspect of your miserable life; tell you
when/what to eat, sleep, wear, & perform
5. You will work 18+ hours a day & give every dime to me
6. If you keep $ from me, I will beat, cut, burn, & torture you
& break bones in your face & fingers for a lesson
7. If you call the police, I will threaten & likely kill you

WHEN WOULD YOU LIKE TO START WORK?


Prostitution Fuels Trafficking

Research confirms a direct link between Prostitution


and Human Trafficking. In fact, prostitution and its
related activities, including pimping, pandering, and
patronizing or maintaining brothels, contribute to
trafficking in persons by serving as a front behind which
traffickers for sexual exploitation operate. A Swedish
government study revealed that much of the vast
profits generated by the global prostitution industry go
directly into the pockets of human traffickers.
Source: 2004 State Department Annual Trafficking in Persons Report
Myths Associated with
Human Trafficking

Myth #2:
All Immigrants Smuggled into the
United States Enter Willingly
Myths Associated with
Human Trafficking

Myth #3:
Human Trafficking Is A Crime
Prosecuted Only at Federal Level
Myths Associated with
Human Trafficking

Myth #4:
All Participants Involved in
Human Trafficking Are Criminals
Who Are Victims
of Human Trafficking?
• Approximately 800,000 to 900,000 victims annually trafficked
across international borders worldwide; between 14,000 and
17,000 victims trafficked into United States annually
• More than half of victims trafficked into United States are
children; victims are probably about equally women and men
• Victims can be trafficked into the U.S. from anywhere in the
world. Victims have come from, among other places, Africa,
Asia, India, Latin America, Eastern Europe, Russia and Canada
• Many victims in the U.S. do not speak English and are unable to
communicate with service providers, police, or others who might
be able to help them
• Within the U.S., both citizens and non-citizens fall prey to
traffickers
Mindset of Trafficking Victims
Frequently victims:
• Do not speak English and are unfamiliar with U.S. culture
• Distrust outsiders, especially law enforcement – fear of
deportation
• Do not self-identify as victims; often blame themselves for
predicaments
• Although many victims have been beaten and/or raped, current
situation may still be better than where they came from
• May be unaware of rights or may have been intentionally
misinformed about their rights in this country
• Fear for safety of families in their home countries, who are often
threatened by traffickers
How Are Victims Trafficked?

Force, fraud and coercion are methods used by


traffickers to press victims
into lives of servitude, & abuse

• Force: Rape, beatings, confinement


• Fraud: Includes false and deceptive offers of
employment, marriage, better life
• Coercion: Threats of serious harm to, or physical
restraint of, any person; any scheme, plan or pattern
intended to cause victims to believe that failure to perform
an act would result in restraint against them; or the abuse
or threatened abuse of the legal process
TIP - How Does it
Sometimes Happen?
• Poor families sell children (debt bond); or they are kidnapped
• Child must work off debt to buy freedom from captivity
• Poor, desperate women/men: Promised jobs as nannies,
waitresses, models, clerks, domestic workers or factory/farm jobs
• Russian/E. European women: Bought/sold for around $700.00
• Bonded into a debt they have NO chance of repaying
• Spread of AIDS has NOT slowed TIP sex industry growth;
Traffickers seek even younger girls (likely to be disease free)
Trafficking Victims Protection Act
(TVPA)

• Signed into law October 2000


• Prior to 2000, no comprehensive law to protect victims of
trafficking or to prosecute traffickers
• Made human trafficking a Federal crime
• Goals of law:
– Prevent human trafficking overseas
– Increase prosecution of human traffickers in the United States
– Protect victims, provide Federal and state assistance to victims
Trafficking Victims Protection Act

Law addresses three key areas:

– Prevention
• Public awareness and education
– Protection
• T visa, certification, benefits and services to help
victims rebuild their lives
– Prosecution
• New law enforcement tools and efforts
How TVPA Affects What You Do

• Creates new laws that criminalize trafficking regarding slavery,


involuntary servitude, peonage or forced labor
• Permits prosecution where non-violent coercion was used to force
victims to work in belief they would be subject to serious harm
• Permits prosecution where victim's service compelled by confiscation
of documents such as passports or birth certificates
• Increases prison terms for all slavery violations from 10 years to 20
years; adds life imprisonment where violation involves death,
kidnapping, or sexual abuse of victim
• Requires courts to order restitution, forfeiture of assets upon conviction
• Enables victims to seek witness protection, other types of assistance
• Gives prosecutors and agents new tools to get legal immigration status
for victims of trafficking during investigation, prosecution
How TVPA Affects What You Do

• Often traffickers break state laws such as:


– Murder
– Kidnapping
– Battery
– Assault
– Sexual battery
– False imprisonment
– Prostitution
– Promoting prostitution
TVPA Reauthorized in 2003
and again in 2005
• Federal government authorized more than
$200 million to continue domestic fight
against human trafficking

• New laws strengthens legal elements of


TVPA
– Sex and labor trafficking now considered offenses
under RICO statute
– Encourages nation’s 21,000 law enforcement
agencies to investigate cases of trafficking
– Brings important attention to reduce demand for
commercial sex acts that fuel sex trafficking
Identifying Crime
of Human Trafficking
• Immediate concerns for law enforcement:
– Identify when crimes of trafficking taking place
– Identify and distinguish between victims and
perpetrators
– Stop crimes of trafficking in progress
– Manage victims of trafficking as witnesses
– Secure evidence of trafficking for prosecutions and
trials
Identifying Crime
of Human Trafficking
• Non-verbal crime scene clues to link to human
trafficking:
– Living conditions of potential victims
– Physical abuse
– Working conditions
– Restriction of movement indicators
– Behavior indicators of severe dependency
– Possession of other’s legal documentation
– Possession of false or fraudulent documentation
– Insistence on providing information to officer
Identifying Crime
of Human Trafficking
• Local law enforcers most likely first to come upon
crimes of human trafficking
• Look beneath surface of other crimes and scenarios
to expose crimes of human trafficking:
– Prostitution rings
(brothels, escort services, massage parlors)
– Pornography
– Illegal operations of massage parlors, strip clubs
– Domestic abuse
– Vice raids involving foreign nationals
– Crimes involving immigrant children with no guardians
Identifying Crime
of Human Trafficking

• Evidence of control and lack of ability to move freely or


leave job
• Bruises or other signs of physical abuse
• Intense fear or depression
• Non-English speaking
• Recent arrival from Asia, Latin America, Eastern Europe,
Canada, Africa, India
• Lack of ID or immigration documents
Action Agenda Checklist
• Conduct agency training on human trafficking –
including dispatch
• Include TIP in crime prevention briefings
• Identify and train victim advocates
• Develop collaborative relationships before a
trafficking case occurs
• Identify business/contract personnel that employ
low-paid workers – develop sources in these
organizations
• Assess local sex industry and identify hiring
practices
Victims of Trafficking
and Their Needs
There are four general areas of victim needs:
• Immediate assistance
– Housing, food, medical, safety and security,
language interpretation and legal services
• Mental health assistance
– Counseling
• Income assistance
– Cash, living assistance
• Legal status
– T visa, immigration, certification
Communicating with
Victims of Human Trafficking
The TVPA authorizes special
• Fear of deportation visas and other forms of
immigration relief to certain
trafficking victims
• Does not Identify as
Victim You are a victim, not a criminal.
What is happening to you is wrong

• Distrust of law
We can help get you what you
enforcement need. We can protect you. You
can trust us

You have rights. You have the


• Unaware of rights right to live without being abused
Identifying Victims of Trafficking

Key Questions for Victims of Trafficking:


• How did you get here?
• Where do you live, eat and sleep?
• Do you owe someone money?
• Is someone keeping your legal/travel documents?
• Were you threatened if you tried to leave?
• Has your family been threatened?
• Were you ever physically abused?
• Were you ever forced to stay in one place?
• Who are you afraid of?
Protocol for Successful Interviews

• Be aware that traffickers might not be easy to distinguish


from victims
• Educate yourself on trauma, it’s impact and effects
• Adopt a compassionate and non-judgmental attitude
• Conduct interviews individually and in private
• When an interpreter is needed, use a skilled interpreter
• Don’t begin the interview with documentation or legal status
– this may frighten the victim
• Do not ask “Are you a slave?”; “Are you a trafficking victim?”
• Allow interviewees to describe what happened to others
before focusing on their own suffering
• Provide victims the opportunity to tell their story in their own
way
Your Role as Local
Law Enforcement Officers

• Keep doing what you’re doing


• Take closer look – beneath surface
• Help build and prosecute crimes at state level
• Cooperate with district attorneys, social services and
Federal authorities if case becomes Federal
• Call Trafficking Information and Referral Hotline,
1.888.3737.888, to connect victims to services they
may be eligible to receive. For more information on
human trafficking visit www.acf.hhs.gov/trafficking.
DOD Response to Labor
Trafficking in Iraq
• Recent DOD investigation identified a number of
labor trafficking abuses in Iraq
• Some of these abuses included:
– Illegal confiscation of Third Country National (TCN’s)
passports; deceptive hiring practices, substandard
living conditions, circumvention of Iraqi immigration
procedures
• The victims were largely low-skilled workers
from Nepal, India, Pakistan, Bangladesh, Sri
Lanka, and the Philippines
DOD Response to Labor
Trafficking in Iraq

• In response to identified abuses – the Commanding


General, Multinational Forces – Iraq issues specific labor
guidelines to all Defense contractors including:
– All contractors cease practice of holding or withholding employees
passports
– All employees of DOD contractors and subcontractors will be
provided a signed copy of their employment contract that defines the
terms of their employment and compensation
– Contractors and subcontractors must be licensed recruiting firms
– Recruiting firms must not charge employees illegal recruitment fees
Trafficking in Persons (TIP)
Post-Conflict Humanitarian Aid

Trafficking in Persons (TIP)


Section 101 (b) of the Trafficking Victim Protection
Reauthorization Act, 2005 requires the Department of
Post-Conflict Humanitarian
Defense to incorporate anti-trafficking measures into
post-conflict and humanitarian emergencies aid
plans/programs Aid

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Trafficking in Persons (TIP)
Post-Conflict Humanitarian Aid
Post-Conflict and Humanitarian Disasters are high risk areas for TIP
Trafficking in Persons (TIP)
Economic Disruptions cause societal Vulnerability
Loss of property and capital

Post-Conflict Humanitarian
Limited access to jobs
Lack of protection and medical services
Population Displacement
Aid
Separated Families
Dissolution of community Structures that regulate behavior
Breakdown in the Rule of Law
Chaos
Unmanaged Disarmament Demobilization and Reintegration
(DDR) resulting in jobless youth who possess guns
Emergency Disaster Assistance
If mismanaged- programs intended to help can spark
conflict

40
Trafficking in Persons (TIP)
Post-Conflict Humanitarian Aid
Best Practices/Approaches to the Problem
Trafficking in Persons (TIP)
To raise awareness, prepare culturally sensitive banners and leaflets
Post-Conflict Humanitarian
and distribute to the affected areas.
An anti-trafficking hotline provides immediate assistance to trafficked
Aid
victims and those at risk
Relief workers go to areas most devastated by the conflict/ disaster to:
Raise awareness about trafficking
Educate key government and civil society members on trafficking,
and create new ways to respond to trafficking in emergencies
direct economic assistance to: victims, protection of victims and vulnerable
people, law enforcement, and local government

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Trafficking in Persons (TIP)
International TIP Non-Governmental
Organizations (NGOs)
• The following is a web source that list NGOs that assist victims of TIP for
many countries:
http://humantrafficking.org/

• There are a few NGOs that provide services for victims, such as shelters,
however there are none that work to prevent, monitor or raise awareness of
trafficking. The two main NGOs providing shelters and limited legal and
medical assistance are:

• Asuda, based in Sulaymaniyah

• Women’s Organization for Freedom in Iraq, based in Baghdad.

• ICE has not established liaison with these NGOs due to not having traveled to
Iraq. However, the American Embassy in Baghdad has strong ties with both
organizations.
United States Forces Korea (USFK) Campaign Partnership
Against Prostitution and Human Trafficking (PHT) with ROK Government (ROKG)

Strategic • Incorporated DoD Zero Tolerance Policy in all applicable regulations. ROKG: Updated Prevention of
• Reviewed and Strengthened: Prostitution Law (1995) with two new
–USFK Policy Letter #37: Prostitution within Off Post Entertainment Districts. laws which take effect 23 Sep 2004:
–USFK Policy #41: USFK Command Values and Principles. •2004 Act of Prevention of Sex Trade
and Protection of Victims – aids victims
–USFK Regulation 614: Inprocessing Orientation Programs. in escape and recovery.
–USFK Regulation 27-5: Individual Conduct and Appearance. •2004 Act of Punishment for Those
U
–USFK Regulation 190-2: Off Limits Establishments. Facilitating the Sex Trade.
N
–USFK Memorandum: Guidance for DoD Civilians and Contractors on PHT. •Initiated program in Sep 2004 to
I –USFK/American Embassy Efforts with ROK Government to strengthen provide bounty for Tips on PHT to assist
T ROK laws on entertainment visas, enforcement of PHT laws. with goal of closing all Entertainment
E Districts by 2007.
D •Initiated USFK PHT Working Group to monitor off post establishments, review policies, • Combined ROK/US effort to close
programs for awareness, identification, and reduction of PHT. loophole on E-6 Visas which are
Operational exploited for sex trade industry.
•Initiated USFK-wide training for all newcomers on PHT and core values.
S • US:New addition to USFK Reg 27-5 –
•Directed sustainment training to reinforce command zero tolerance policies, including New prohibits service members from paying
T Horizon's Day, Commanders/First Sergeant Courses, Primary Leadership Development bar fines, paying out contracts.
A Course.
•ROKG:Established ROK Women and
T •Established ROK/US Community Councils to develop, coordinate and execute joint ROK/US Juvenile Division Hotline to assist
E PHT efforts. victims.
•Published USFK PHT Identification Handbook to aid ROK/US Military Police and Korean •ROK National Police: Established 24
S National Police Courtesy/shore/town patrols and investigations. Hour HOTLINE and Crises Center for
•Continued monthly ROK/US Provost Meetings and increased joint investigations to reduce ROK reporting on PHT activities.
F illegal activities in entertainment districts around US posts. •Rescued 130 women in 2003.
O •Initiated Mass Media Public Service Campaigns to raise awareness on PHT. •Published ROK Guidance on Human
R •Established 24-Hour HOTLINE to report PHT offenses. Rights Regulations for Korean Police,
C •Increased USFK on-post and community programs to provide positive activities Businesses.

E
•Updated Courtesy, Town, Shore Patrol Training to improve effectiveness. • KNP: Increased Sting and Joint Patrol
S Tactical •Increased MP/KNP Patrols and Undercover Operations in Entertainment Districts around US Operations
Posts. • KNP/US Air Force OSI organized a
K •Increased Leader Presence/ Command Emphasis and Enforcement. sting that resulted in deportation of
O •Updated USFK NewComers, Core Values Training on PHT. 170 illegal entertainers.
R •Increased emphasis on after-hour on-post MWR alternative activities to include 24-hour on- • Increased prosecution of businesses
post establishments, athletic leagues, cyber cafes, education-on-line opportunities. offenses relating to PHT. 792
E investigations this year alone.
•Increased service member participation in community service and positive social engagement
A with Korean people through Good Neighbor Program – Adopt a School, Adopt an Orphanage, • Crisis Hotline Rescued 135 women in
Habitat for Humanity, English Tutoring, Partnership Events. FY 03.

CIG/Legere/140011SEP
Law Enforcement Scenario

Trafficking
Scenario in Persons
based learning (TIP)
– great “issue
Post-Conflict spotter”
Humanitarian
Aid

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Law Enforcement Scenario
(Cont’d)
Scenario based learning – great “issue spotter”
Trafficking in Persons (TIP)
Example: Preliminary investigation points to DoD contractor
involvement with local mafia to procure girls/women as sex
Post-Conflict Humanitarian
slaves in an off base residence – a connection facilitated by a
military member, corrupt local law police, and local business
Aid
interests. Girls/woman purchased at an military “off-limits”
establishment. Further investigation and rescue attempt being
planned with efforts to have local law enforcement “in the lead.”
Many “rescues” anticipated, with accompanying humanitarian
needs, such as food shelter, transportation, as well as legal
needs, such as documentation and witness preparation

45
Law Enforcement Scenario
(Cont’d)
• Issues derived from Scenario
• Potential Issues with regard to “investigation
and rescue” attempt?
– SOFA/sovereignty concerns?
– Which (local or national) host nation law
enforcement to use?
Law Enforcement Scenario
(Cont’d)

What constitutes the TIP offense?


Any other criminal offenses in
scenario?
Investigations Scenario #1

• You are a Special Agent working on an overseas


installation in a combat zone. While conducting a
crime prevention survey on the Moral, Welfare,
Recreation (MWR) concessions, you discover
one of the contractors providing massage
therapists has been less than forthcoming about
hiring practices. You develop information that
some of the massage therapists, from eastern
bloc countries are living in extremely poor
conditions and may be providing sexual services
“on the side”.
Investigations Scenario #1
(Cont’d)
• What actions should you take concerning
the contractor?
• How would you approach some of the
therapists?
• What investigative steps would you take?
• What potential law violations should you
consider?
• Identify organizations that may assist you
in this investigation?
Investigations Scenario #2
• You are a DoD investigator on a stateside
installation. You have received information
concerning a contractor building numerous
military family housing units. Information
received also suggests that many of the
subcontractor labor are undocumented aliens
and are working for half the wages most
laborers in the area earn. You have also
discovered that the subcontractor is holding the
passports of some of the laborers.
Investigations Scenario #2
(Cont’d)
• What actions should you take concerning
the contractor and subcontractor?
• How would you approach some of the
workers?
• What investigative steps would you take?
• What potential law violations should you
consider?
• Identify organizations that may assist you
in this investigation?
Evidence of Success

• Officer Randy Shedd of the Washington D.C. Metropolitan Police


identified a 17-year-old runaway child engaged in prostitution. While
speaking with the girl, Officer Shedd noticed a man whom he
believed to be the girls pimp drive by in a blue Lincoln with New
Jersey tags. Placing a look-out on the vehicle, D.C. police stopped
the driver, Carlos Curtis, 27 within several hours. Curtis was with a
26-year-old woman and a 12-year-old runaway child, both of whom
had been recruited for prostitution. Curtis brought them from New
York to D.C. promising to provide them shelter, food, and clothing.
Pornographic photos of the women and girls were found in the
vehicle. Curtis was found guilty of federal crimes of sex trafficking of
children, transportation of a minor for prostitution, transportation of a
person for prostitution, and possession of child pornography. He
was sentenced for life in prison.
This completes the Law Enforcement
Training. Proceed to next slide to print certificate.
DEPARTMENT OF DEFENSE

This is to certify that

_______________

has successfully completed Combating Trafficking In


Persons (CTIP) Law Enforcement training

- DoD Certified -
IAW DODI 2200.01

Under Secretary of Defense


For Personnel and Readiness

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