Department of Defense Combating Trafficking in Persons Investigative

Department of Defense Combating Trafficking in Persons Investigative

Department of Defense Combating Trafficking in Persons Investigative Professionals Training Presentation 2016 Warning! This training contains language and images depicting physical and sexual violence to accurately portray the nature of trafficking in persons. The Department of Defense has determined that this level of candor is necessary in order to properly convey the subject matter. 2 Introduction Welcome to the combating trafficking in persons course for Department of Defense law enforcement. Military personnel, civilians, and contractors, allegedly

engage in activities related to human trafficking both inside and outside the United States. These actions hurt the victims they exploit and affect the Department of Defense's ability to complete its mission. * Examples of factual cases are located in the notes section of this training. 3 Introduction This presentation is designed to cover the specifics on how to recognize and respond to crimes involving trafficking in persons (TIP), also known as human trafficking Throughout this course you will learn how to: - 4 Define human trafficking Identify possible human trafficking venues

Identify types of exploitation Describe common barriers that prevent victims from seeking help Describe law enforcement TIP investigation procedure steps Identify effective communication strategies with potential victims Identify questions to ask potential victims Describe TIP criminal penalties Human trafficking sometimes occurs in the Department of Defense. Military personnel, civilians, and contractors engage in human trafficking both inside and outside the United States. These actions hurt the victims they exploit and affect the Department of Defense's ability to complete its mission. 5 6 In 2014, the Naval Criminal Investigative Service (NCIS) initiated an investigation after receiving two anonymous web tips alleging sex trafficking of a

minor by a U.S. Navy Service member. The tips alleged a Navy petty officer third class was actively trafficking the minor for the purposes of prostitution in Georgia, North Carolina, and Virginia. The investigation confirmed the petty officer paid for the minors escort service advertisements on an internet website and drove her to and from her prostitution encounters. The minor admitted she engaged in prostitution in multiple jurisdictions and gave the proceeds to the petty officer. The petty officer pleaded guilty to transporting the minor interstate for purposes of prostitution and to engage in racketeering and was sentenced to five years confinement in the Federal penitentiary and three years of supervised probation. He was ordered to register as a sex offender. In 2009, a United States Army soldier was

convicted of sex trafficking by force, sex trafficking of a minor, and various other prostitution and drug offenses and sentenced to 210 months (17 years) in prison. The soldier lured over 12 women and a minor from several states to Maryland where he and his associates operated a prostitution ring out of his apartment. Several of the women, including a 16 year-old, were compelled into prostitution by means of physical violence and threats of violence. 7 In November 2012, the Defense Contract Management Agency (DCMA) conducted an audit in response to a report from a Service member that an Other Country National (OCN) working on the installation had reported that he and others were being beaten by their employer, a

subcontractor. In audit interviews, employees told of threats of serious harm and physical restraint used against them by the subcontractor. Auditors also discovered safety issues including poor housing conditions, such as unsanitary water, cockroach infestation, no working fire extinguishers, and a 2 x 2 foot hole in the roof. In addition, four individuals were found locked in rooms. DCMA documented a total of eight non-conformances at the site. After a second audit, DCMA issued a Corrective Action Request (CAR) to the prime contractor and submitted a report for a possible criminal investigation. The prime contractor responded quickly to the issues with the subcontractor to correct the non-conformances. DCMA followed-up to ensure that the subcontractor had corrected the issues and closed the case later that year. 8

Definitions: Severe forms of trafficking in persons All human trafficking crimes are a serious matter. What does that mean? Severe refers to TIP that involves one or all of the acts of fraud, force, or coercion 9 Force, Fraud, and Coercion Force can involve bodily harm, physical constraint or confinement Fraud can be false promises of jobs or other opportunities Coercion means: Threats of serious harm to or physical restraint against any person; Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or

physical restraint against any person; The abuse or threatened abuse of the legal process. 10 Types of Trafficking Sex Trafficking Sex trafficking occurs when a commercial sex act is induced by force, fraud, or coercion, or when the person induced to perform such act has not attained 18 years of age 11 Types of Trafficking Labor Trafficking Labor trafficking involves 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 - Slavery 12 Types of Labor Trafficking Involuntary Servitude Involuntary servitude includes a condition of servitude induced by means of-(A) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or (B) The abuse or threatened abuse of the legal process 13

Types of Labor Trafficking Debt Bondage The status or condition of a debtor arising from a pledge by the debtor of his/her personal services or of those of a person under his/her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited or defined. 14 Types of Trafficking Child Soldiering 15 - Child soldiering is a manifestation of trafficking in persons when it involves the

unlawful recruitment or use of childrenthrough force, fraud, or coercion by armed forces as combatants or other forms of labor. - Some child soldiers are also sexually exploited by armed groups. Perpetrators may be government armed forces, paramilitary organizations, or rebel groups. - Many children are forcibly abducted to be used as combatants. Others are made to work as porters, cooks, guards, servants, messengers, or spies. - Young girls can be forced to marry or have sex with commanders or male combatants. Both male and female child soldiers are often sexually abused and are at high risk of contracting sexually transmitted diseases

Know the Difference Law enforcement must understand the difference between trafficking and smuggling. If you dont understand this difference, it is very easy to treat legitimate trafficking victims as criminals, thereby increasing their victimization. 16 Smuggling vs. Human Trafficking Human Smuggling is the facilitation, transportation, attempted transportation, or illegal entry of a person(s) across an international border, in violation of one or more countries laws, either clandestinely or through deception, such as the use of fraudulent documents TRAFFICKING SMUGGLING Must contain an element of force, fraud, or

coercion (actual, perceived, or implied), unless victim under 18 years of age is involved in commercial sex The person being smuggled is generally cooperating Persons who are trafficked are victims Persons who are smuggled are complicit in the smuggling crime and are not necessarily victims of the crime Does not need to involve the actual movement of the victim. There is no requirement to cross an international border Facilitates the illegal entry of person(s) from one country into another. Smuggling always

crosses an international border Persons are subjected to limited movement or isolation, or had documents confiscated Persons are free to leave, change jobs, etc. Persons have been forced, tricked, or coerced into labor/services or commercial sex acts, i.e. must be working Persons must only be in country or attempting entry illegally 17 Common Locations Common locations for sex trafficking victims

18 Night Clubs Strip Clubs Brothels Bars Massage Parlors On the Street Private Homes Common Locations - Forced labor can occur in any profession including:

- Housekeeping Landscaping Food services Agricultural Labor Construction Manufacturing - Labor trafficking can occur in government contracts on military installations. 19 Reports of Allegations 20

Since trafficking in persons can occur nearly anywhere, there are many ways in which investigative professionals might receive credible information. The methods for receiving credible information can include, but are not limited to: Chain of command Local authorities Department of Defense Inspector General (IG) Hotline on Fraud, Waste & Abuse National Human Trafficking Resource Center Hotline Staff Judge Advocate/Judge Advocate General (JAG) lawyer Contracting or grant officer report to the agencys Office of Inspector General Outside observer civilian or military Other Department of Defense agencies Factors That Restrict Escaping There are several factors that restrict victims from escaping Victims can face physical or nonphysical harm, including psychological, financial, or reputational damage They may not know their rights, where to get help, or may be

unfamiliar with the language or culture Victims can feel hopeless and are fearful when they try to cope with their situation, it can look like theyre complicit in the crime Victims may fear or mistrust police. They think theyll be arrested or deported if they even talk to you. (Sometimes they think of police as the bad guys.) 21 Attention to the Victim We always need to be victim-centered. Initial contact with investigative professionals can shape how the entire investigation proceeds and often determines whether the victims are willing to cooperate with our team of investigators 22 Attention to the Victim

Victims may turn to investigative professionals at any time and in any place Being victim-centered means making the victims safety, privacy, and well-being your first priority. Victims who cooperate with reasonable requests from investigative professionals concerning the investigation and prosecution of their traffickers are eligible for immigration relief by applying for a T visa. 23 Investigation Procedures 1. 2. 3. 4. 5. 6.

24 Assess Safety determine if victims need medical attention. Look for signs of abuse. Conduct Initial Investigation determine if the incident site shows evidence of force, fraud, or coercion as means to obtain commercial sex or labor. Separate Victim, Suspects, and Witnesses victims should not be interviewed in the presence of the trafficker. Secure Evidence Identify and preserve evidence that could prove human trafficking. Conduct Field Interviews Take a victim-centered approach when talking to victims. Coordinate with Investigator(s) Contact the Military Police Investigator and coordinate with him/her to determine if a DCIO Special Agent should be contacted Indicators Since TIP is occurring on United States military installations throughout the world, we need to look

under the surface to identify indicators of trafficking in persons during every type of investigation 25 Potential Indicators

26 Signs of physical abuse, physical restraint, confinement Signs of emotional or verbal abuse, fear, anxiety, submissive behaviors, or nervousness Legal documents, money, personal possessions held by another person No freedom of movement and/or constantly monitored by the employer/exploiter Restricted, mediated, or controlled communications Children under the age of 18 engaging in commercial sex acts Required to meet a daily or nightly quota through sex acts Unpaid, paid very little, or only earn money through tips No permitted work breaks or days off and working long hours Dependent on controller/employer for necessities, food, housing, etc. No knowledge about their work contract and their basic human rights Living and/or working in unsafe and unsanitary conditions Mindset of Trafficking Victims As an investigative professional interacting with potential victims of human trafficking,

its important for you to keep in mind where the victim is coming from and what his/her mindset is when he/she comes in contact with you. Often times, victims: Do not speak English and are unfamiliar with U.S. culture Distrust outsiders, especially investigative professionals due to 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 Fear for safety of families in their home countries who are often threatened by traffickers 27 Communication Strategies

What to DO when interacting with potential victims: - Identify yourself - Explain why we are there - Empathize - Listen actively - Connect victims with a victim advocate or hotline for support What to AVOID when interacting with potential victims: - Using derogatory names - Asking rapid-fire questions - Being judgmental - Pressuring or threatening victims who refuse to talk - Physically touching them 28 Example Questions for the Victim

Do you have any ID you can show me? Is there anybody I can contact to tell youre OK, like your family? How are you feeling? Do you need medical care? What would you need to feel safe right now? Are you aware of anyone else who may need assistance? What special concerns that I can help you address right now? Tell me how you got here? Who brought you here? Did you have to pay a fee to get this job? If so, who did you pay and how much? Do you have any personal items that you want to grab before we leave? Is there anything else you can tell me? 29

Trafficking Victims Protection Act (TVPA) In October 2000, the TVPA was enacted. Prior to that, no comprehensive Federal law existed to protect victims of trafficking or to prosecute their traffickers. Since the enactment in 2000, there have been multiple reauthorizations of the TVPA. Overview - Defined the Federal Governments response to human trafficking, creating new criminal offenses prohibiting all forms of trafficking in persons including labor trafficking and sex trafficking - Established protection and assistance for victims - Emphasized the need to maintain four main pillars to combat trafficking in persons prevention, protection, and prosecution. 30 Military Extraterritorial Jurisdiction Act (MEJA) Applies to Department of Defense civilians (including contractors) under United States law when operating outside the

United States. Under the MEJA (18 USC 212), civilian personnel, contractors, or any other person accompanying the armed forces outside the United States (e.g., dependents) can be prosecuted under United States laws for felony crimes, including TIP. 31 Uniform Code of Military Justice (UCMJ) Under the UCMJ (10 USC Section 920), military personnel as well as civilian personnel such as contractors accompanying the armed forces during a declared war or a contingency operation can be punished for criminal activity, including activities related to trafficking in persons.

Under UCMJ Article 134, offenses related to sex trafficking include: 32 Prostitution Patronizing a prostitute Pandering by compelling, inducing, enticing, or procuring an act of prostitution Pandering by arranging or receiving consideration for arranging for sexual intercourse or sodomy U.S. Governments Zero Tolerance Policy The United States adopted a zero tolerance policy with the signing of the National Security Presidential Directive 22 (NSPD22) in 2002. Additionally, DoD Instruction 2200.01, Combating Trafficking in

Persons (CTIP), established the TIP policies, responsibilities and information reporting requirements for promoting the U.S. Governments zero tolerance policy within the Department of Defense. 33 Defense Incident-Based Reporting System (DIBRS) DIBRS is DoD's Uniform Crime Reporting (UCR) System for providing criminal incident data to the FBI's National Incident- Based Reporting System (NIBRS), under the Uniform Federal Crime Reporting Act of 1988, as amended. The DIBRS Manual was revised on December 7, 2010, incorporating the FBI's new Human Trafficking Offense Codes:

50A Commercial Sex Acts and 50B - Involuntary Servitude 34 Executive Order 13627 (2012) Strengthening Protections Against Trafficking in Persons in Federal Contracts, issued on September 25, 2012. The Executive Order provides the U.S. Government workforce with additional tools and training to apply and enforce existing law and policy. It clarifies the necessary steps for Government contractors and subcontractors to fully comply with new law and policy, and helps to protect vulnerable individuals as contractors and subcontractors perform vital services and manufacture the goods procured by the United States. 35

National Defense Authorization Act (NDAA) FY2013 The FY13 NDAA includes several requirements for contractors aimed at combating human trafficking (Sections 1701-1708) It also requires that any Contracting Officer who receives credible information that a recipient of a grant, contract or cooperative agreement is engaged in trafficking-related activities shall promptly refer the matter to the agencys Office of Inspector General for investigation. Contractors are now required to: Include a condition in their contracts that authorizes the government to take punitive action against a contractor, subcontractor, their employees, or their agents if they engage in certain activities related to human trafficking Include a compliance plan and annual certifications for all companies (for all companies with contracts over $500,000 that will be performed outside of the United States). Disclose credible information from any source that an employee has engaged in trafficking-related activities. This information must be reported to contracting officer who is required by law to promptly refer the matter to the agencys Office of Inspector General for investigation.

36 Trafficking Victims Protection Reauthorization Act (TVPRA) The TVPRA of 2013 reauthorizes the TVPA 2000 and reinforces efforts to combat human trafficking. Several key elements of the law include: Enhancing criminal penalties for traffickers Enhancing interagency coordination and expanded reporting Fraud in foreign labor trafficking is added to the Racketeer Influenced and Corrupt Organizations (RICO) Act and the immigration and Nationality Act enhancing interagency coordination and expanded reporting. A Government Accountability Office report on the use of foreign labor contractors must be submitted to four Senate Committees. 37 Justice for Victims of Trafficking Act (JVTA) The JVTA enhances victims services and increases training for federal

personnel. Key JVTA provisions include: Increased penalties for traffickers and buyers Establishment of a Domestic Trafficking Victims Fund to increase victim assistance Easing the requirements for U.S. citizens and legal permanent residents (LPLs) to obtain benefits and services Requirement for training for federal government personnel related to TIP Creation of a Child Exploitation Investigations Unit within DHS Cyber Crimes Center Requirement for DoD to provide DoJ with sex offender registration information for persons required to register who are released from military corrections facilities or convicted under the UCMJ and sentences without confinement 38 After evidence is gathered and an investigation is conducted, if the allegations are confirmed, offenders can face criminal penalties. 39

Contractors and Subcontractors Offenders that are contractors or subcontractors could face penalties based on Federal Acquisition Regulation (FAR) restrictions against labor trafficking 40 Federal Acquisition Regulation (FAR) 22.1703 The United States Government has adopted a policy prohibiting trafficking in persons, including trafficking-related activities. Government solicitations and contracts shall:

a. Prohibit contracts, contractor employees, subcontractors, and subcontractor employees from 1. Engaging in severe forms of trafficking in persons during the period of performance of the contract; 2. Procuring commercial sex acts during the period of performance of the contract; 3. Using forced labor in the performance of the contract b. Require contractors and subcontractors to notify employees of the prohibited activities described in paragraph (a) of this section and the actions that may be taken against them for violations; e. Provide suitable remedies, including

Civilian Contractors Offenders that are civilian contractors outside the United States are subject to punishment under - MEJA as a person employed by the Armed Forces outside the United States - TVPA for sex trafficking by force, fraud or coercion 41 Trafficking Victims Protection Act (TVPA) Under 18 USC, TIP statutes are found in the following sections: 1581(a)- Peonage; obstructing enforcement

1583- Enticement into slavery 1584- Sale into involuntary slavery 1589- Forced labor 1590- Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor 1591- Sex trafficking of children or by force, fraud, or coercion 1592- Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor 1593- Mandatory restitution 1594- General provisions Service Members Offenders that are service members are subject to punishment under the

UCMJ 42 Uniform Code of Military Justice (UCMJ) Under the UCMJ (10 USC Section 920), military personnel as well as civilian personnel and contractors accompanying the armed forces during a declared war or a contingency operation can be punished for criminal activity, including crimes related to TIP. UCMJ Article 134Patronizing a Prostitute (a) That the accused had sexual intercourse with another person not the accused spouse; (b) That the accuse compelled, induced, enticed, or procured such person to engage in an act of sexual intercourse in exchange for money or other compensation; and (c) That this act was wrongful; and

(d) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces. UCMJ Offenses Associated with Human Trafficking Under UCMJ Article 134, offenses related to sex trafficking include: Prostitution Patronizing a prostitute Pandering by compelling, inducing, enticing, or procuring an act of prostitution; and Pandering by arranging or receiving consideration for arranging for sexual intercourse or sodomy Additional UCMJ offenses often associated with human trafficking crimes include conspiracy, kidnapping, rape, pandering, forcible sodomy, indecent acts, extortion, assault, aggravated assault, communicating a threat, solicitation of another to commit and offense, misprision

Conclusion In this presentation, you learned to recognized and investigate a TIP crime. You should now be able to: - Define human trafficking - Identify possible human trafficking venues - Identify types of exploitation - Describe common barriers that prevent victims from seeking help - Describe law enforcement TIP investigation procedure steps - Identify effective communication strategies with potential victims - Identify questions to ask potential victims - Describe TIP criminal penalties 43 Resources Uniform Code of Military Justice (UCMJ)

http://www.ucmj.us/ Military Extraterritorial Jurisdiction Act (MEJA) National Defense Authorization Act (NDAA) Executive Order (EO) 13627

http://www.whitehouse.gov/the-press-office/ 2012/09/25/executive-order-strengtheningprotections-against-trafficking-persons-fe National Security Presidential Directive 22 44 http://www.govtrack.us/congress/bills/112/ hr4310/text http://www.combat-trafficking.army.mil/ documents/policy/NSPD-22.pdf Justice for Victims of Trafficking Act (JVTA)

https://www.govtrack.us/congress/bills/114/ s178/text Trafficking Victims Protection Act (TVPA) http://www.pubklaw.com/hi/pl106-523.pdf http://www.state.gov/documents/ organization/10492.pdf Department of State TIP Reports

http://www.state.gov/j/tip/rls/tiprpt/ index.htm Department of Defense Combating Trafficking in Persons This is to certify that has successfully completed the CTIP Investigative Professionals training Linda K. Dixon DOD Certified IAW DODI 2200.01 Linda K. Dixon, Program Manager, Combating Trafficking in Persons Program Office

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