Showing posts with label Wyoming. Show all posts
Showing posts with label Wyoming. Show all posts

Wednesday, August 8, 2012

Does Wyo. need laws for human trafficking? - Wyoming Tribune Eagle Online

http://www.wyomingnews.com/articles/2012/08/08/news/20local_08-08-12.txt

Source: Wyoming Tribune Eagle Online

Wednesday, August 8, 2012

A report ranks Wyoming lowest in the nation when it comes to having laws to combat the crime. But state officials say there are adequate tools to prosecute cases on the federal level.

By Trevor Brown
tbrown@wyomingnews.com

CHEYENNE -- Wyoming prosecutors and human-rights activists disagree over whether the state needs stricter laws to fight human trafficking.

The Polaris Project released a report Tuesday that gives Wyoming the lowest marks in the nation in its look at state laws used to combat human trafficking, punish traffickers and support survivors.

Wyoming is the only state without statutes that specifically address human trafficking.

Mary Ellison with the Polaris Project said this diminishes Wyoming’s ability to fight the crimes.

“We are seeing more cases being presented to local law enforcement officials and local prosecutors,” she said. “They need these additional tools.”

But Wyoming officials respond that the state’s system of referring cases to the federal level is working.

Wyoming Attorney General Greg Phillips said it makes more sense for the state to leverage the resources of the U.S. Attorney’s Office than to have local communities handle the few cases that come up.

“The federal penalties are extremely harsh for that type of awful behavior,” Phillips said. “Because we have so much cooperation among local, state and federal officials, we have as good as a system as any other state.”

Jim Anderson, an assistant U.S. attorney based out of Cheyenne, agrees. He said there are “sufficient tools” already in place to prosecute cases in Wyoming.

He added that Wyoming is unique because of its small population and geography. He said his office has dealt with only two sex-trafficking cases in the past five years.

“We just don’t have that type of activity that other states have,” Anderson said. “And when cases are brought to the attention of law enforcement, they are treated appropriately.”

He added that many trafficking cases occur with runaway teens who are coerced into prostitution. But Wyoming does not see as many of these runaway cases as other states, he said.

But some advocates say human trafficking is a bigger problem locally than most assume.

Daniel DeCecco, Wyoming’s volunteer advocacy leader for the International Justice Mission, said he has talked with several victims and researched reports in the state where the cases never make it to the prosecution level.

“It is an issue that usually stays under the radar, but having a state law could help that,” DeCecco said. “Because Wyoming is such a large and rural state, (trafficking cases) are something that can happen without getting a lot of attention.”

A student at the University of Wyoming, DeCecco said he is lobbying lawmakers to pass a compressive trafficking act as early as next session.

He said in addition to raising awareness, new state laws could also provide more outreach and support for victims who are needed to come forward to report the crimes.

The Polaris Project report did not take into account the general anti-trafficking efforts of task forces, law enforcement, prosecutors, judges, service providers and advocates in the states.

Instead, it looked solely at the state statutes ranging from criminal penalties to victim’s assistance services.

Ellison said most of the nation has been quick to pass state laws improving their fight against trafficking in the past eight years.

She added that only four states had anti-trafficking statutes in 2004. With the exception of Wyoming, all other states and the District of Columbia now have some form of the law.

Massachusetts was one of the last remaining states that did not have its own trafficking law.

But it passed a compressive bill last November that included imposing steeper penalties for traffickers, creating an interagency taskforce to improve victim services and boosting training for law enforcement officials.

Massachusetts Attorney General Martha Coakley said the efforts already have raised awareness of the issue and helped the state crack down on cases.

“In my experience as a prosecutor, if we saw a problem but didn’t have the tools to fix it, it doesn’t matter how well your intentions are,” she said in a teleconference during the unveiling of Polaris Project’s report. “Having those tools and training at the state level are critical.”

The Polaris Project’s report comes about eight months after a similar study, which was also critical of Wyoming’s lack of human-trafficking laws, was released by Shared Hope International.

Phillips said he sent a letter to the Legislature’s Joint Judiciary Committee following the release of that report. He said he told legislators that they might want to consider crafting legislation, if only to bring more attention to the issue.

But he maintains that Wyoming is one of the most capable states to combat and prosecute trafficking cases.

“The only real benefit I see in (passing a state law) is if we, in some point in the distant future, had a U.S. attorney who did not make this issue a priority,” he said. “But I really don’t see that happening.”
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Wednesday, October 20, 2010

Human-trafficking scheme sent immigrants to Wyoming hotels

TOM MORTON Casper Star-Tribune The Billings Gazette | Posted: Wednesday, October 20, 2010 12:00 am
CASPER, Wyo. — Two ringleaders of a Missouri-based alleged human-trafficking scheme are now on trial in Kansas City for hiring immigrant workers, sending them to Wyoming and 13 other states and holding them in virtual slavery.

Of the more than 200 witnesses the government may call to testify, 10 are managers from central Wyoming hotels, including the Ramada Plaza Riverside in Casper and the Holiday Inn Express and Sleep Inn in Douglas, where 18 immigrants were employed, according to documents filed with the U.S. District Court for the Western District of Missouri.

Evidentiary hearings were held Monday and Tuesday, and jury selection and opening statements will begin today in the trial of Abrorkhodja Askarkhodjaev, a Uzbekistan national, and Missouri businessman Kristin Dougherty.

The trial may take three to six weeks.

Prosecutors charged Askarkhodjaev, Dougherty and 13 other individuals and companies with establishing temporary help agencies and hiring hundreds of mostly legal immigrants for work in hotels and casinos, according to the original 44-count indictment filed in May 2009 indictment and a superseding 143-count indictment filed in January.

Shortly after the first indictment, agents from U.S. Immigration and Customs Enforcement transported nine of the workers from the Holiday Inn Express and Sleep Inn in Douglas and another nine from the Ramada Plaza Riverside Casper to the Kansas City area, where they were placed in temporary protective custody.

The Wyoming hotels themselves were not under investigation.

The companies — Giant Labor Solutions, Crystal Management and Five Star Cleaning — placed the workers in overcrowded apartments or hotel rooms, withheld their wages and taxes and did not pay for overtime, according to a May 27 news release from Acting U.S. Attorney Matt Whitworth of the Western District of Missouri.

“The defendants allegedly used false information to acquire fraudulent work visas for these foreign nationals. Many of their employees were allegedly victims of human trafficking who were coerced to work in violation of the terms of their visa without proper pay and under the threat of deportation. The defendants also required them to reside together in crowded, substandard and overpriced apartments,” Whitworth said.

Other charges include racketeering, forced labor trafficking, identity theft, harboring illegal aliens, marriage fraud, visa fraud, money laundering, mail and wire fraud, transporting illegal aliens, and evasion of corporate employment tax.

In the past year, the court dismissed the charges against the three companies, three defendants have outstanding arrest warrants, and seven defendants have entered guilty pleas.

In recent court documents, Askarkhodjaev objected to the forced labor charges because they were vague under the due process clause of the Fifth Amendment and therefore unconstitutional. He also disputed the allegations that he caused harm or “threatened abuse of the law” by telling the workers about their precarious immigration status, according to his attorney, Willie J. Epps Jr. of the Kansas City firm Shook, Hardy & Bacon.

Askarkhodjaev also objected to prosecutors comparing the charges against him to “modern day slavery” because of the term’s connection to American history; the evidence of the workers’ living conditions; and discussions of a “climate of fear” among the immigrants.

U.S. District Judge Sarah Hayes has ruled against nearly all of Askarkhodjaev’s objections.

Contact Tom Morton at tom.morton@trib.com or 307-266-0592.

Human-trafficking scheme sent immigrants to Wyoming hotels

Source: billingsgazette.com


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