Labor Trafficking Criminal Cases
1. United States v. Calimlim (2006)
Court: U.S. Court of Appeals, Seventh Circuit
Citation: 538 F.3d 706 (7th Cir. 2008)
Facts:
A Wisconsin couple, the Calimlims, brought a Filipina woman into the U.S. in 1985 to work as their domestic servant. For 19 years, she worked 7 days a week with no pay, no freedom of movement, and constant threats of deportation if discovered by authorities.
Legal Issue:
Whether the defendants’ conduct constituted “forced labor” under the federal Trafficking Victims Protection Act (TVPA), 18 U.S.C. §1589.
Court’s Reasoning:
The court held that the victim’s “psychological coercion,” threats of immigration consequences, and isolation were sufficient to establish forced labor. Physical restraint was not required under §1589.
Outcome:
Both defendants were convicted and sentenced to 6 years in prison and ordered to pay $900,000 in restitution to the victim.
2. United States v. Dann (2009)
Court: Ninth Circuit Court of Appeals
Citation: 652 F.3d 1160 (9th Cir. 2011)
Facts:
Defendant Marina Dann, a Peruvian woman, brought another Peruvian woman to California under false promises of paid domestic work. Upon arrival, the victim’s passport was confiscated, she was paid almost nothing, and forced to work long hours with threats of arrest and deportation.
Legal Issue:
Whether non-physical coercion, like threats of legal harm or manipulation, can establish “forced labor.”
Court’s Reasoning:
The court clarified that “abuse of legal process” (threatening deportation) or “psychological coercion” can constitute forced labor. The victim was clearly deprived of free will.
Outcome:
Dann’s conviction was upheld. She received 15 years imprisonment and ordered restitution exceeding $120,000.
3. United States v. Kil Soo Lee (2003)
Court: U.S. District Court for the District of Hawaii
Citation: 159 F. Supp. 2d 1241 (D. Haw. 2003)
Facts:
Kil Soo Lee operated a garment factory in American Samoa where over 200 Vietnamese and Chinese workers were confined under inhumane conditions. Their passports were taken, wages withheld, and they were forced to work long hours under threat of harm.
Legal Issue:
Whether such large-scale exploitation constituted forced labor under 18 U.S.C. §1589 and conspiracy charges.
Court’s Reasoning:
The court found Lee guilty of forced labor, involuntary servitude, and money laundering, emphasizing that withholding passports and threatening deportation were core elements of coercion.
Outcome:
Lee was sentenced to 40 years in federal prison and ordered to pay $1.8 million in restitution to the victims.
4. United States v. Udeozor (2008)
Court: Fourth Circuit Court of Appeals
Citation: 515 F.3d 260 (4th Cir. 2008)
Facts:
A Nigerian couple brought a 14-year-old girl to Maryland to serve as a domestic worker. The girl was beaten, sexually assaulted, and forced to work without pay. Her passport was seized, and she was threatened with harm if she attempted escape.
Legal Issue:
Whether the defendants’ actions fell under the definition of “forced labor” and “involuntary servitude.”
Court’s Reasoning:
The court held that the combination of physical violence, sexual coercion, and psychological control constituted forced labor under §1589.
Outcome:
Udeozor was convicted and sentenced to 9 years imprisonment, restitution, and deportation after serving his sentence.
5. United States v. Garcia (2003)
Court: U.S. District Court, Eastern District of New York
Citation: 2003 WL 22938040 (E.D.N.Y. 2003)
Facts:
The defendants recruited Mexican immigrants to work in a New York factory, promising good wages. Upon arrival, the victims were locked in dormitories, worked excessive hours, and were threatened with violence or immigration consequences.
Legal Issue:
Whether confinement and threats to immigrant workers amounted to “forced labor.”
Court’s Reasoning:
The court found that a combination of economic coercion and immigration threats created a “coercive environment,” violating §1589.
Outcome:
The defendants were convicted and ordered to pay $900,000 in restitution to the victims and serve 10-year sentences.
6. United States v. Sabhnani (2007)
Court: Eastern District of New York
Citation: 566 F. Supp. 2d 139 (E.D.N.Y. 2008)
Facts:
A wealthy Long Island couple (Mahender and Varsha Sabhnani) kept two Indonesian women as domestic servants for over 5 years, subjecting them to beatings, starvation, and mental abuse. The victims were not allowed to leave the house.
Legal Issue:
Whether the extreme conditions of control, even without chains or locked doors, constituted forced labor.
Court’s Reasoning:
The court held that physical restraint was unnecessary; the combination of psychological domination and abuse clearly established forced labor.
Outcome:
Both defendants were sentenced to 11 years imprisonment and ordered to pay $900,000 in restitution.
7. United States v. Farrell (2008)
Court: U.S. Court of Appeals, Eighth Circuit
Citation: 563 F.3d 364 (8th Cir. 2009)
Facts:
The Farrells recruited young immigrant women to work at their cleaning company. The victims’ identification documents were confiscated, and they were threatened with deportation and physical harm if they refused work.
Legal Issue:
Whether threatening deportation and document confiscation could sustain a forced labor conviction.
Court’s Reasoning:
The court reaffirmed that psychological coercion and abuse of immigration status are sufficient for a §1589 violation.
Outcome:
Defendants were convicted, sentenced to 5 years imprisonment, and ordered restitution.
8. United States v. Toviave (2014)
Court: Sixth Circuit Court of Appeals
Citation: 761 F.3d 623 (6th Cir. 2014)
Facts:
Toviave brought children from Togo to Michigan under false pretenses, forcing them to do housework and caring for his family while attending school.
Legal Issue:
Whether forcing minors to perform household chores constituted “forced labor.”
Court’s Reasoning:
The court controversially reversed the forced labor conviction, holding that while the acts were abusive, they did not meet the TVPA’s definition of “labor trafficking” because they resembled child abuse more than commercial labor trafficking.
Outcome:
Conviction vacated for forced labor, but Toviave remained imprisoned for visa fraud and child abuse charges.
Key Legal Takeaways:
| Principle | Explanation |
|---|---|
| 1. Psychological coercion qualifies | Physical chains aren’t required; threats, manipulation, and immigration abuse count. |
| 2. Confiscation of documents | Taking passports or IDs is a clear indicator of trafficking intent. |
| 3. Restitution is mandatory | Victims must receive compensation for unpaid wages and damages. |
| 4. Labor trafficking ≠ mere poor work conditions | Must involve coercion, fraud, or abuse of power. |
| 5. Corporate or employer liability applies | Business owners can face prison terms and fines. |
RELATED Blog
0 comments