Human Trafficking November 2017 In This Issue Volume 65 Number 6 Introduction .............................................................................................................. 1 United States Department of Justice By Rod Rosenstein, Deputy Attorney General of the United States Executive Office for United States Attorneys Washington, DC 20530 Human Trafficking: The Fundamentals ................................................................. 3 By Hilary Axam and Jennifer Toritto Leonardo Monty Wilkinson Director The Civil Rights Division’s Human Trafficking Prosecution Unit Contributors’ opinions and statements (HTPU) and the Criminal Division’s Child Exploitation and Obscenity should not be considered an endorsement by EOUSA for any Section (CEOS): An Overview ............................................................................... 17 policy, program, or service. By Hilary Axam and Steven J. Grocki The United States Attorneys’ Bulletin is published pursuant to Proactive Case Identification Strategies and the Challenges of Initiating 28 C.F.R. § 0.22(b). Labor Trafficking Cases ........................................................................................ 25 The United States Attorneys’ Bulletin By Nirav K. Desai and Sean Tepfer is published by the Executive Office for United States Attorneys, Domestic Child Sex Trafficking and Children Missing from Care .................... 33 Office of Legal Education, 1620 Pendleton Street, By Staca Shehan and Angela Aufmuth Columbia, South Carolina 29201 The Survivor-Centered, Trauma-Informed Approach ....................................... 39 Editor K. Tate Chambers By Melissa Milam, Nicole Borrello, and Jessica Pooler Assistant Editors ... 45 Becky Catoe-Aikey Chapter 77 and Beyond: Charging Strategies in Human Trafficking Cases Brenda S. Mercer By Benjamin J. Hawk, Bonnie Kane, and Kimlani Ford Law Clerks Sarah Tate Chambers Whoever Knowingly Advertises: Considerations in Prosecuting Sex Emily Godwin Trafficking ............................................................................................................. 59 Gurbani Saini Brandy Sanderlin By Reggie Jones and Keith Becker Internet Address https://www justice gov/usao/resources Federal Rule of Evidence 412: Admissibility of Prior and Subsequent /united-states-attorneys-bulletins Prostitution Evidence in Sex Trafficking Prosecutions ...................................... 67 Send article submissions By Kate Crisham and Karine Moreno-Taxman to Editor, United States Attorneys’ Bulletin, National Advocacy Center, Follow the Money: Financial Crimes and Forfeiture in Human Trafficking Office of Legal Education, 1620 Pendleton Street, Prosecutions ........................................................................................................... 79 Columbia, SC 29201 By Elizabeth G. Wright Cite as: 65 U.S. Attorneys’ Bulletin, Mandatory Restitution: Complying with the Trafficking Victims Protection November 2017 Act ........................................................................................................................... 95 By William E. Nolan Understanding and Applying the Sentencing Guidelines for Trafficking and Related Convictions ..................................................................................... 105 By Vasantha Rao Evidence Considerations in Proving Sex Trafficking Cases without a Testifying Victim ................................................................................................. 115 By Alessandra P. Serano November Human Trafficking 2017 Volume 65 In This Issue Number 6 United States Department of Justice Human Trafficking and Organized Crime: Combating Trafficking Executive Office for United States Attorneys Perpetrated by Gangs, Enterprises, and Criminal Organizations ................... 123 Washington, DC 20530 By G. Zachary Terwilliger, Michael J. Frank, and Taryn A. Merkl Monty Wilkinson Director Criminal Conduct of Victims: Policy Considerations ....................................... 139 By Jeffrey H. Zeeman and Karen Stauss Contributors’ opinions and statements should not be considered an endorsement by EOUSA for any Combatting Trafficking of Native Americans and Alaska Natives ................... 149 policy, program, or service. By Leslie A. Hagen and Benjamin L. Whittemore The United States Attorneys’ Bulletin is published pursuant to Forced Labor in Supply Chains: Addressing Challenges ................................. 169 28 C.F.R. § 0.22(b). By Karen Stauss The United States Attorneys’ Bulletin is published by the Executive Office for United States Prosecuting Sex Trafficking Cases Using a Drug-Based Theory of Attorneys, Coercion ................................................................................................................ 175 Office of Legal Education, 1620 Pendleton Street, By Lindsey Roberson and Shan Patel Columbia, South Carolina 29201 Editor Note from the Editor ............................................................................................ 185 K. Tate Chambers By K. Tate Chambers Assistant Editors Becky Catoe-Aikey Brenda S. Mercer Law Clerks Sarah Tate Chambers Emily Godwin Gurbani Saini Brandy Sanderlin Internet Address https://www justice gov/usao/resources /united-states-attorneys-bulletins Send article submissions to Editor, United States Attorneys’ Bulletin, National Advocacy Center, Office of Legal Education, 1620 Pendleton Street, Columbia, SC 29201 Cite as: 65 U.S. Attorneys’ Bulletin, November 2017 Introduction Rod Rosenstein Deputy Attorney General of the United States It is with great pleasure that I introduce the November 2017 issue of the USA Bulletin focused on human trafficking. Combating the scourge of human trafficking is one of the top priorities of the U.S. Department of Justice. The articles in this issue embody lessons learned by the Department’s prosecutors, investigators, and victim assistance specialists as they tackled this often hidden crime. The Trafficking Victims Protection Act (TVPA) of 2000 created the modern human trafficking statutes. We constantly strive to improve upon our successes and build upon the Department’s legacy of prosecuting involuntary servitude, peonage, and other crimes that violate the principles set forth in the Thirteenth Amendment to the U.S. Constitution. There is no more honorable endeavor than assuring that everyone in the United States enjoys the Constitution’s promise of freedom. To achieve this lofty goal, we must employ a range of multidisciplinary skills. Successful prosecutions begin with a keen understanding of the federal human trafficking statutes and cases interpreting those statutes, and an appreciation of the special needs of the victims for whom we seek justice. This includes being mindful of the victim-centered, trauma-informed approach that prepares victims to serve as effective witnesses. With this approach, victims are empowered to become full partners in seeking justice for the crimes they have endured. The prosecution of human trafficking cases entails unique challenges. The Department’s goal is to assist you in becoming better prosecutors of human trafficking crimes. I hope that you will find the articles contained in this issue of the USA Bulletin helpful. Do not hesitate to contact the experienced authors with requests for advice and assistance. Together, we will prevail in stopping violent and ruthless criminals from taking advantage of vulnerable victims. The Attorney General and I appreciate all that you do to make America a better and safer place for everyone. November 2017 United States Attorneys’ Bulletin 1 Page Intentionally Left Blank 2 United States Attorneys’ Bulletin November 2017 Human Trafficking: The Fundamentals Hilary Axam Director Human Trafficking Prosecution Unit Jennifer Toritto Leonardo Senior Trial Attorney Child Exploitation and Obscenity Section Criminal Division I. Introduction In passing the Trafficking Victims Protection Act of 2000 (TVPA), Congress described the trafficking of human beings as “a contemporary manifestation of slavery” that “involves grave violations of human rights” and is “abhorrent to the principles upon which the United States was founded.”1 Recognizing that existing laws were “inadequate to deter trafficking and bring traffickers to justice,”2 the TVPA expanded the reach of criminal statutes, extended protections to trafficking victims, and established programs to enhance national anti-trafficking efforts. Since enactment of the TVPA, the United States has made significant strides in prosecuting traffickers, dismantling trafficking networks, assisting victims and survivors in restoring their lives, and collaborating with survivors to develop innovative strategies to prevent the proliferation of human trafficking. However, while our nation’s anti- trafficking efforts are more effective than ever before, we continue to encounter new challenges as trafficking threats continue to evolve, and as trafficking enterprises become ever more adept at evading detection. This article aims to serve as a resource for federal prosecutors nationwide as we work together to meet the challenges of bringing traffickers to justice and vindicating the rights of trafficking victims and survivors. The article will begin by defining human trafficking under federal statutes, contrasting these definitions against myths and misconceptions that can impede detection of trafficking crimes, and identify trafficking victims. The article will also discuss federal criminal anti-trafficking