US V. Castillo -Serrano, et al - AUM | Top Ranked ... Labor Trafficking Case Study.pdf · HUMAN TRAFFICKING PROSECUTION SEMINAR 18 U.S.C. § 1589: Forced Labor Knowingly. provides

HUMAN TRAFFICKING PROSECUTION SEMINAR

US V. Castillo-Serrano, et al

A Case Study of Labor Trafficking of Guatemalan

Nationals in the United States

Sean TepferNational Program ManagerHuman Trafficking Prosecution Unit


Frontlinehttps://www.youtube.com/watch?v=0-30v3FP4J4

https://www.youtube.com/watch?v=0-30v3FP4J4



Aroldo Castillo-Serrano• Long time

smuggler from Guatemala

• Charged $15-20K smuggling fee

• Most put up land deed as collateral which were kept by his family members in Guatemala.

• Provided workers to Pablo Duran, Sr. (Haba) and others in Ohio.


The Scheme


Organization of Work at the Farm


18 U.S.C. § 1589: Forced Labor

Knowinglyprovides or obtains labor

or services of a person

Through one of four prohibited means

FORCE /RESTRAINT

ABUSE OF PROCESS

THREATS OF

SERIOUS HARM

COERCIVE SCHEME

Knowinglybenefits from participation in a venture; knowing or in

reckless disregard


Surveillance


Search of Trailers


Day of Take Down


Why not the gym?



Trailers Day of Search


Trailers Day of Search


Ledgers Found Day of Search


Checks and Payroll Documents


Other Documents


Promised “Education”


Labor


18 U.S.C. § 1589: Forced Labor

Knowinglyprovides or obtains labor

or services of a person

Through one of four prohibited means

FORCE /RESTRAINT

ABUSE OF PROCESS

THREATS OF

SERIOUS HARM

COERCIVE SCHEME

Knowinglybenefits from participation in a venture; knowing or in

reckless disregard


Sum Of The Parts

Coercive Scheme

Force Fraud Serious Harm

Abuse of Law

NonviolentConduct


Coercion Framework

HARMVICTIM CIRCUMSTANCES SUFFICIENT TO COMPEL

VICTIM’S BACKGROUND/VULNERABILITIES• Age, education, socio-economic status, family, living situation, language,

immigration status, drug dependency

SURROUNDING/CONTRIBUTING CIRCUMSTANCES• False promises, document confiscation, monitoring/surveillance, isolation,

financial dependency, verbal abuse, emotional manipulation, work conditions/sleep deprivation, loyalty pledges, power disparity, gang connections, debts, incentives

ACTUAL/PERCEIVED HARM(S)• Violence, drug withdraw, homelessness, child services, deportation,

reputational damage, financial hardship


Conrado Salgado-Borbon• Low level driver in Ohio who knowingly

transported smuggled workers. • Papagos, Inc.• Arrested day of raid.


Bartolo Dominguez-Nava• Mid-level crew chief in OH who knowingly

transported smuggled workers. • Rabbit cleaning services• Arrested day of raid.


Pablo Duran, Jr. • Mid-level crew chief in

OH who knowingly smuggled workers.

• 23yo US Citizen. Ran a crew at the farm via his own business Second Generation Farm Services LLC and contracted with father’s company Haba Inc.

• Similar working conditions as others and gave minor’s paychecks to Ana Pedro Juan.


Conrado Salgado-Soto• Mid-level crew chief

in OH who knowingly transported smuggled workers.

• Contracted with Pedro Duran, Sr. to provide workers to Trillium via Haba.

• Workers paid per crate of chickens loaded/unloaded 12 hrs/day 6-7 days/week.

• Paid adults directly, but gave minors checks to Ana Pedro Juan.


Ana Angelica Pedro Juan• On the ground

enforcer at trailer park and romantically involved with Castillo-Serrano.

• Collected minors paychecks and rent/debt payments from adults.

• Directed Castillo-Serrano’s minor son to lie to FBI. She lied to FBI

• She and at direction of others got minors from DHHS.


Interviews in Guatemala• Language Barrier- Victim’s native language

spoken Q’anjob’al• Coordination with ALAT • Families took bus from/to Guatemala City for

interviews• Agents wired $ to families to pay for bus

tickets, hotel, and food• 7 out of 8 families interviewed – corroborating

minor’s interviews’ implicating Castillo-Serrano


Sentencing

Conrado Salgado-Borbon Bartolo Dominguez6 months 12 months


Pablo Duran, Jr. • Pled guilty to Harboring

• Sentenced to 14 months, SR for 3 years


Conrado Salgado• Pled guilty to Labor

Trafficking Conspiracy and Harboring

• Sentenced to 51 months incarceration, restitution to victims, increased special assessment


Ana Angelica Pedro Juan• Pled guilty to

Labor Trafficking Conspiracy

• Sentenced to 120 months, restitution to victims


Aroldo Castillo-Serrano• Pled guilty to Labor

Trafficking Conspiracy, Forced Labor, Witness Tampering, Alien Harboring

• Judge ordered him to return all deeds

• Sentenced to 188 months, restitution to victims, increased special assessment


Victim RestitutionWage and Hour Division of the

Department Labor calculated back pay

Final Restitution for 10 Victims = $67,232.00


Challenges to Consider• Having enough services on-site after a

raid

• Keeping track of victims after the raid

• Keeping victims from being deported

• Getting teenage boys to talk about victimization


Undocumented and Unaccompanied Minors

With-in first 24 hrs contact United States Department of Health and Human Services (HHS) to notify child may be a victim of HT (202)205-4582

With-in 48 hrs contact HHS Shelter Intake (202)401-5709

With-in 72 hrs unaccompanied child shall be transferred into care & custody of HHS


Pablo Duran, Sr.


Merry Christmas


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