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Human Trafficking of Individuals with Disabilities
Webcast: October 17, 2016
Presenters: Sarah Bessell, Human Trafficking Pro Bono Legal Center;
Florrie Burke, Consultant on Human Trafficking; Chelsea Rice, U.S. Attorney for the Northern District of Ohio.
TASC is sponsored by the Administration on Developmental
Disabilities (ADD), the Center for Mental Health Services
(CMHS), the Rehabilitation Services Administration (RSA),
the Social Security Administration (SSA), and the Health
Resources Services Administration (HRSA).
TASC is a division of the National Disability Rights Network
(NDRN).
2Florrie Burke October 2016
Neighbors, friends, family members
Business owners
Diplomats and governments
Organized crime
Pimps
Men and/or Women
3Florrie Burke October 2016
Men, women, children All ages, nationalities, genders Citizens Non-citizens
with or without legal status
4Florrie Burke October 2016
Tricked or deceived Forced Coerced Recruiters/employment agencies Front businesses Word of mouth Newspaper ads Acquaintances or family Abduction
5Florrie Burke October 2016
Factories
Sweatshops
Brothels
Homes
Farms, fields
Restaurants
Nail salons
Massage Parlors
Hotels
Construction work
Servile marriage
Begging, peddling
Ice cream trucks
Magazine sales
6Florrie Burke October 2016
7Florrie Burke October 2016
8Florrie Burke October 2016
9Florrie Burke October 2016
Centrality of Trafficked Person
Trafficked
Person
Legal
Psychiatry
Mental Health
Medical
Food
Clothing
Housing
Case
Management
Interpretation
Medical appts
Social service
liaison
10Florrie Burke October 2016
• Gender imbalance
• Poverty
• Lack of opportunity
• Civil war
• Natural disasters
• Lack of education
• Homelessness
• Lack of family stability
11Florrie Burke October 2016
Provide background information on human trafficking
Provide subject expertise on the specific type of trafficking
Provide in-depth analysis of the “climate of fear” in human trafficking cases
Contextualize the power of non-violent psychological coercion
Provide expertise on cultural components of the case
12Florrie Burke October 2016
Trafficking of Persons with Disabilities
National Disability Rights Network
October 17, 2016
THE HUMAN TRAFFICKING PRO
BONO LEGAL CENTER
Sarah Bessell
(c) The Human Trafficking Pro Bono Legal Center 2016
“[P]eople with disabilities [are]…especially
vulnerable to human trafficking.”
-U.S. Department of State,
Trafficking in Persons Report (2016)
(c) The Human Trafficking Pro Bono Legal Center 2016
(c) The Human Trafficking Pro Bono Legal Center 2014
(c) The Human Trafficking Pro Bono Legal Center 2016
Trafficking Sectors
(c) The Human Trafficking Pro Bono Legal Center 2016*Includes EEOC v. Henry’s Turkeys
Alaska Hawaii
(c) The Human Trafficking Pro Bono Legal Center 2016
(c) The Human Trafficking Pro Bono Legal Center 2016* Includes Henry’s Turkeys case
• Theft of government benefits;
Why Individuals with Benefits are Targeted
(c) The Human Trafficking Pro Bono Legal Center 2016
• Predators may perceive a
person with disabilities as
weak, vulnerable or less likely
to report abuse;
• People with limited communication abilities and/or
cognitive disabilities may find it difficult to report abuse
effectively;
• Biases against persons with disabilities.
Vulnerable Individuals
(c) The Human Trafficking Pro Bono Legal Center 2016
Intervention
of relatives
and third
parties
Interactions
with law
enforcement
and medical
professionals
Other criminal
investigations
U.S. v. Haskins,
No. 14-cr-00432
(E.D. Va.)
U.S. v. Laguna-Guerrero,
No. 8:10-cr-00193
(M.D. Fla.)
U.S. v. Bagley,
No. 10-cr-00244
(W.D. Mo.)
U.S. v. Callahan,
No. 1:13-cr-00339
(N.D. Ohio)
U.S. v. Linda Weston,
et. al.,
No. 2:13-025-1 (E.D. Pa.)
Smith v. Edwards, No. 15-cv-
4612 (D.S.C. filed Nov. 16,
2015)
(ongoing)
EEOC v. Hill
Country Farms,
Inc.,
No. 13-2796
(8th Cir. 2014)
(Henry’s Turkeys)
How Victims Escape
“Not since the days of slavery have we had an example of
the antithesis of normalization as
Henry’s has provided.”*
Des Moines Register describes the Henry's Turkey
Service operation. The factory remains opens.
U.S. Dep’t of Labor finds that Henry's Turkey
Service failed to pay men overtime. Henry’s Turkey Service pays the fines and
promises compliance.
In response to media inquires and concerned citizens
reports, the Iowa Dep’t of Human Services claims it has
"no jurisdiction" and is "underfunded and
understaffed."
Former employee files complaint with the Iowa Dep't of Inspections and Appeals.
Henry’s Turkey Service is not classified as a residential health-care facility, there is no
further action.
Sherri Brown discovers that her brother had only
$88 in savings after 35 years of work. She
contacts several state agencies. No action.
She contacts a reporter at The Des Moines Register.
1974 1979 1997Late
1990s2005 2009
(c) The Human Trafficking Pro Bono Legal Center 2016
• Arlan and Linda Kaufman convicted of forced labor, involuntary
servitude, and health care fraud, and sentenced to 30 and 15 years in
federal prison, respectively. The court ordered $534,810.53 in restitution.
1980s
• Kansas Dep’t of Social and Rehabilitation Services (SRS) begins to receive reports that the Kaufmans are abusing their mentally ill patients.
1999
• Local police receive a report of naked adults working in a field. A report is filed to state agencies, but no charges are filed.
2001
• Over 30 videotapes depicting possible sexual abuse seized by the U.S. Dep’t of Health and Human Services.
• SRS provided copies but takes no action.
2004
• The Disability Rights Center of Kansas assists several residents in leaving and launches an investigation into allegations of abuse.
Oct.
2004
The Role of P&As: U.S. v. Kaufman546 F.3d 1242 (10th. Cir. 2008)
(c) The Human Trafficking Pro Bono Legal Center 2016
U.S. v. Linda Weston, et al.No. 2:13-025-1 (E.D. Pa.)
• Defendants targeted 6 individuals with disabilities and stole their Social Security benefits;
• Defendants forced victims to bear children and trafficked two victims into forced prostitution;
• Defendants locked their victims in closets, cabinets, basements, and attics;
• Two victims died of malnourishment;
• Linda Weston sentenced to life in prison plus 80 years;
• Total restitution award: $273,426.23 to be paid to the Social Security Administration.
U.S. v. BagleyNo. 10-cr-00244 (W.D. Mo.)
• Six defendants pled guilty in the sex and labor trafficking of a young woman with cognitive disabilities;
• Victim held captive for 6 years;
• Victim identified when she was hospitalized for emergency medical treatment after going into cardiac arrest;
• Two defendants were sentenced to 20 years in prison and the court ordered each defendant to pay $123,041 in restitution for a total restitution award of $738,250.
(c) The Human Trafficking Pro Bono Legal Center 2016
Trafficking victims have a
private right of actionto sue their traffickers for damages in U.S.
federal courts.
(c) The Human Trafficking Pro Bono Legal Center 2016
(c) The Human Trafficking Pro Bono Legal Center 2016
Smith v. EdwardsNo. 15-cv-4612 (D.S.C)
• A man with mild cognitive
impairment alleged that he was
forced to work in a restaurant
cafeteria for five years without
pay.
• The manager allegedly
physically abused him.
• Victim alleged that he was forced
to lived in a dirty, cockroach-
infested apartment.
• A concerned citizen called the
authorities and the victim was
rescued by the Dep’t of Social
Services.
• Case ongoing.
(c) The Human Trafficking Pro Bono Legal Center 2016
• Same representative-payee for multiple,
unrelated adults
• Frequent emergency room admissions
• Physical injuries left untreated
• Excessive prescriptions for scheduled
drugs
• Malnourishment
• Interference with efforts to speak to the
individual alone
• Isolation from family and friends
• Signs of trauma or fear
(c) The Human Trafficking Pro Bono Legal Center 2016
(c) The Human Trafficking Pro Bono Legal Center 2016
The Human Trafficking
Pro Bono Legal Center
www.htprobono.org
Sarah Bessell
Staff Attorney
The Human Trafficking Pro Bono Legal Center
Tel: 202-670-3001
www.htprobono.org