Human Trafficking of Individuals with Disabilities

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


Men, women, children All ages, nationalities, genders Citizens Non-citizens

with or without legal status


Tricked or deceived Forced Coerced Recruiters/employment agencies Front businesses Word of mouth Newspaper ads Acquaintances or family Abduction


Factories

Sweatshops

Brothels

Homes

Farms, fields

Restaurants

Nail salons

Massage Parlors

Hotels

Construction work

Servile marriage

Begging, peddling

Ice cream trucks

Magazine sales





Centrality of Trafficked Person

Trafficked

Person

Legal

Psychiatry

Mental Health

Medical

Food

Clothing

Housing

Case

Management

Interpretation

Medical appts

Social service

liaison


• Gender imbalance

• Poverty

• Lack of opportunity

• Civil war

• Natural disasters

• Lack of education

• Homelessness

• Lack of family stability


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


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)




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* Includes Henry’s Turkeys case

• Theft of government benefits;

Why Individuals with Benefits are Targeted


• 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


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


• 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)


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.


Trafficking victims have a

private right of actionto sue their traffickers for damages in U.S.

federal courts.



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.


• 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



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

[email protected]

mailto:[email protected]

Documents

Human Trafficking of Individuals with Disabilities