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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
HUMAN TRAFFICKING PROSECUTION SEMINAR
Frontlinehttps://www.youtube.com/watch?v=0-30v3FP4J4
HUMAN TRAFFICKING PROSECUTION SEMINAR
HUMAN TRAFFICKING PROSECUTION SEMINAR
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.
HUMAN TRAFFICKING PROSECUTION SEMINAR
The Scheme
HUMAN TRAFFICKING PROSECUTION SEMINAR
Organization of Work at the Farm
HUMAN TRAFFICKING PROSECUTION SEMINAR
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
HUMAN TRAFFICKING PROSECUTION SEMINAR
Surveillance
HUMAN TRAFFICKING PROSECUTION SEMINAR
Search of Trailers
HUMAN TRAFFICKING PROSECUTION SEMINAR
Day of Take Down
HUMAN TRAFFICKING PROSECUTION SEMINAR
Why not the gym?
HUMAN TRAFFICKING PROSECUTION SEMINAR
HUMAN TRAFFICKING PROSECUTION SEMINAR
Trailers Day of Search
HUMAN TRAFFICKING PROSECUTION SEMINAR
Trailers Day of Search
HUMAN TRAFFICKING PROSECUTION SEMINAR
Ledgers Found Day of Search
HUMAN TRAFFICKING PROSECUTION SEMINAR
Checks and Payroll Documents
HUMAN TRAFFICKING PROSECUTION SEMINAR
Other Documents
HUMAN TRAFFICKING PROSECUTION SEMINAR
Promised “Education”
HUMAN TRAFFICKING PROSECUTION SEMINAR
Labor
HUMAN TRAFFICKING PROSECUTION SEMINAR
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
HUMAN TRAFFICKING PROSECUTION SEMINAR
Sum Of The Parts
Coercive Scheme
Force Fraud Serious Harm
Abuse of Law
NonviolentConduct
HUMAN TRAFFICKING PROSECUTION SEMINAR
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
HUMAN TRAFFICKING PROSECUTION SEMINAR
Conrado Salgado-Borbon• Low level driver in Ohio who knowingly
transported smuggled workers. • Papagos, Inc.• Arrested day of raid.
HUMAN TRAFFICKING PROSECUTION SEMINAR
Bartolo Dominguez-Nava• Mid-level crew chief in OH who knowingly
transported smuggled workers. • Rabbit cleaning services• Arrested day of raid.
HUMAN TRAFFICKING PROSECUTION SEMINAR
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.
HUMAN TRAFFICKING PROSECUTION SEMINAR
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.
HUMAN TRAFFICKING PROSECUTION SEMINAR
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.
HUMAN TRAFFICKING PROSECUTION SEMINAR
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
HUMAN TRAFFICKING PROSECUTION SEMINAR
Sentencing
Conrado Salgado-Borbon Bartolo Dominguez6 months 12 months
HUMAN TRAFFICKING PROSECUTION SEMINAR
Pablo Duran, Jr. • Pled guilty to Harboring
• Sentenced to 14 months, SR for 3 years
HUMAN TRAFFICKING PROSECUTION SEMINAR
Conrado Salgado• Pled guilty to Labor
Trafficking Conspiracy and Harboring
• Sentenced to 51 months incarceration, restitution to victims, increased special assessment
HUMAN TRAFFICKING PROSECUTION SEMINAR
Ana Angelica Pedro Juan• Pled guilty to
Labor Trafficking Conspiracy
• Sentenced to 120 months, restitution to victims
HUMAN TRAFFICKING PROSECUTION SEMINAR
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
HUMAN TRAFFICKING PROSECUTION SEMINAR
Victim RestitutionWage and Hour Division of the
Department Labor calculated back pay
Final Restitution for 10 Victims = $67,232.00
HUMAN TRAFFICKING PROSECUTION SEMINAR
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
HUMAN TRAFFICKING PROSECUTION SEMINAR
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
HUMAN TRAFFICKING PROSECUTION SEMINAR
Pablo Duran, Sr.
HUMAN TRAFFICKING PROSECUTION SEMINAR
Merry Christmas
HUMAN TRAFFICKING PROSECUTION SEMINAR
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