MCETF Training: Sex Trafficking of Children October 31, 2011

1. MCETF Training:Sex Trafficking of Children October 31, 2011 Rachel Yasser, AUSA, Human Trafficking Coordinator LisaMarie Freitas, SAUSA, CEOS Attorney

2. OVERVIEW • Charging Considerations in Sex Trafficking of Children Cases: Applicable Statutes & Their Penalties • Best Practices for UC Ops • Other Investigative Techniques to Consider • Managing Your Victim(s) • Important Questions to Ask Your Victim(s) • Federal Intake Guidelines & Case Presentation

3. Charging Considerations: Federal Statutes • 3 Primary Statutes: • 1591 (Sex Trafficking of Minor) • 2422(b) (Coercion and Enticement of Minor) • 2423(a) (Transportation of Minors for Prostitution or Illegal Sexual Activity) • Other Statutes to Consider: • 2251-2252A (Child Pornography) • 2252A(g) (Child Exploitation Enterprises) • 2423(b)&(c) (Traveler Offenses/Sex Tourism)

4. Charging Considerations: State Statutes • Primary Statute: 11-303 • 11-303(a) Pandering/human trafficking (misdemeanor; max 10 years) • 11-303(b) Trafficking of Children or by Force, Fraud, Coercion (felony; max 25 years) Other Statutes to Consider: • Sex offenses, generally • Prostitution/sex solicitation of minor

5. ELEMENTS OF SEX TRAFFICKING and RELATED OFFENSES

6. 18 USC § 1591 – Sex Trafficking of Children or by Force, Fraud, or Coercion ELEMENTS: (1)Knowingly recruit, entice, harbor, transport, provide or obtain by any means a person, or to benefit from such activities; (2) In or affecting interstate or foreign commerce; (3) Knowing that the person will be caused to engage in commercial sex act; (4) Knowing or in reckless disregard of fact that either: (a) Person is a child under 18, or (b) Force, fraud or coercion used. * Statute does not require that either offender or victim actually travel. Does require interstate nexus (cell phone, computer, hotel). * Have to prove Knowledge or Reckless Disregard of Age. PENALTIES: • Under 14 or Force/Fraud/Coercion = 15 to life • Over 14 = 10 to life

7. 18 USC § 2422(b)– Coercion and Enticement of a Minor ELEMENTS: (1) Using the mail or any facility or means of interstate or foreign commerce, (2) To knowingly persuade, induce, entice, or coerce, (3) Any child under 18, (4) To engage in prostitution or any illegal sexual activity, or attempt to do so. *Have to prove Knowledge of Age. PENALTIES: • Mandatory minimum of 10 years, maximum of life.

8. 18 USC § 2423(a) – Transportation of Minor for Prostitution or Illegal Sex ELEMENTS: • Knowingly transport • A child under 18 • In interstate or foreign commerce • With the intent that the child engage in prostitution or illegal sexual activity. *No knowledge of age necessary under law, unless illegal sexual activity requires showing. PENALTIES: • Mandatory minimum of 10 years, maximum of life.

9. 18 USC 2252A(g) Child Exploitation Enterprises ELEMENTS: • Violation of either (a)1591 (Sex Trafficking); (b) 1201 (Kidnapping of Minor); (c) Chapter 109A (Sex Abuse of Minor); (d) Chapter 110 (CP); (e) Chapter 117 (Mann Act violations involving minor victims, to include 2422(b) and 2423(a)); • As a part of a series of felony violations constituting 3 or more separate incidents; • Involving more than 1 victim; • And committed in concert with 3 or more persons. PENALTY: Mandatory minimum of 20 years, maximum of life.

10. BEST PRACTICES

11. What we need from your UC field ops Point person: POC for your AUSA Tip/Ad: Capture, print and take, preservation letter UC Call: record, report Surveillance of hotel prior to meeting UC entry and flooding the scene PICTURES!!! Inside hotel, belongings, outside Securing the juvenile Interview: where and who

12. And… Paperwork… State v. Federal If you are going to use state documents, no problem, but we still need documentation for everything we would at the federal level.

13. Documentation • An FBI search has the following: • Search 302 (LEO present, time of entry, time of exit, who did what, time of exit) • 302 for each person interviewed • Evidence log • Photo log • Sketch • FD 597 • Miranda (if used) • Consent to assume online identity • Consent forms • Photos • Consent to use image scan • FD 472 consent call

14. Evidentiary Backbones • Evidence of Prostitution/Commercial Sex (advertisements, documented UC operation, condoms, KY jelly, ledgers, prostitution clothing, consent calls, cash proceeds) • Evidence of Sex with Minor (SAFE exam, hotel sheets, DNA, + all of above) • Evidence of Interstate Transportation (search cars for presence of minor/minor belongings, GPS, bus & plane tickets or receipts) • Evidence of Use of Interstate Facilities (computers, phones, cameras, hotel records) • Evidence Related to Minor’s Age (identification, stuffed animals, school books, conversations with pimp, general appearance and demeanor)- Sponge Bob example.

15. Other Evidentiary Considerations • Guns or other weapons? • Violence? • Gangs? • Drugs? • Other victims? • $$$- Possibility of forfeiture? • Any and all corroboration of victim’s account

16. InvestigativeTactics • Consent calls • Search warrants: hotel rooms, homes, cars, computers, Facebook/Myspace accounts, email. • Seize phones incident to arrest or ask for consent if no arrest. Examine contemporaneously (if not, SW). • Subpoena Backpage.com or other online advertisements. Ask for all other posts by user, associated IP addresses, credit card info, etc. • Follow the money: Subpoena credit card & bank account records. • Other possibilities: mail covers, pole cams, trash pulls, pen registers, Title III wiretaps

17. Managing Your Juvenile Victim(s) • STEP ONE: Get full, detailed account ONCE • Forensic recorded interview following recovery (no time lapse) • No follow up interviews without talking to prosecutor first (avoiding Jenks issues) • Discuss new areas to cover- consider whether real need • Crucial to have Agent consistency • STEP TWO: Secure juvenile • Housing • Counseling and Treatment, including SAFE exam [not just for evidence] • STEP THREE: Maintain security • Check in frequently REMEMBER: These cases rise and fall with the victims and other vulnerable witnesses!

18. Juvenile Interview • Chronology: leaving home to present day • MO • Prior sexual activity • What did he buy her/pay for/promise her • Arrangement: $$$ • Did she have the opportunity to leave pimp? If so, why not? • Have sex with pimp? When? How often? • Did they communicate prior to her leaving home? How? • Coercion and enticement

19. Juvenile Interview • Hotel Rooms: who had key, who checked in, $$ • How did pimp know how much she made? • Call after? • Online communications/text? • Show Ad, have her write on it, identify who took, where, clothes, who wrote text, phone number, who posted • Pictures: who took, are these the only ones, where taken? Any naked or in sex acts?

20. Juvenile Interview • AGE: -Highly likely she never told him -ID- real or fake? -what did she discuss about home life? Siblings? School? Friends? -Online- did she ever show pimp FB page? Email? -Clothing: HS clothing? Church? Anything indicative of her age -Picture of her at scene

21. Federal v. State As easy as following the signs

22. Federal Intake Guidelines • Are federal elements satisfied? • Is case appropriate for fed prosecution? Some Factors: -Nature of target- Criminal record? Sex offender? Multiple targets? Juvenile targets? -Nature of offense- Presence of aggravating factors (i.e., drugs, guns, violence, gangs, force, CP, child abuse, large enterprise ($$), multi-jurisdictional)? -Status of victim- Multiple victims? Age? Cooperative? Within this jurisdiction/accessible? -State charges- Is there TIME to conduct investigation? Can state adequately handle? 3. Strength of Evidence, or Potential to Strengthen? Admissibility issues?

23. Case Presentation • Tell a story – include photos of victim(s), defendant(s), advertisements, etc. • Bring copies of all the case documents, organized in case jacket or binder • Prepare to answer a lot of questions, starting with questions on last slide. • Possible outcomes: • Case is authorized for further investigation • Case is authorized for prosecution • Case is deferred to state for prosecution • FLIP Letter v. Soft FLIP Letter