Counterfeiting

Participation in an organized criminal group

Trafficking in persons

Domotor et al

UNODC No.:
CAN006

Fact Summary

All the accused were immigrants from Hungary and related to one another by birth or marriage.

All of the alleged victims were Hungarian nationals (of Roma background) recruited in Hungary.  None of the victims spoke any English.

The victims had all been relieved of all their travel documents by their Canadian hosts and were taken to various banks to open bank accounts and to obtain access and debit cards.  These items were confiscated from them. They were then prompted to file refugee status claims on the basis of fraudulent accounts of having been persecuted in Hungary because of their ethnicity.  They were then taken to local social services agencies to apply for monetary assistance. Money received from this source was retained by the accused. They were employed as labourers in construction businesses operated by some of the accused and not compensated or minimally compensated for their labour. Although the victims were housed and fed, it appears that they were subjected to intimidation and that their ability to move within the community was controlled. They were threatened with physical violence and death, as were their relatives in Hungary. Several of the recruits were told to participate in the theft of mail from Canada Post mailboxes. The objective was to obtain cheques from the mail, negotiate them by depositing them to bank accounts, and later withdrawing the cash.  It is estimated they obtained CAD1,000,000 using this method.

The accused profited from this human trafficking enterprise through the unpaid labour of the recruits, by retaining social assistance payments intended for others, and very substantially through the theft of cheques from the mail.

Author:
UNODC

Keywords

Acts:
Recruitment
Transportation
Transfer
Harbouring
Receipt
Trafficking in Persons Protocol:
Article 5, Trafficking in Persons Protocol
Means:
Deception
Abuse of power or a position of vulnerability
Purpose of Exploitation:
Forced labour or services
Sector in which exploitation takes place:
Construction
International Cooperation:
Mutual legal assistance
Form of Trafficking:
Transnational
Organized Criminal Group

Cross Cutting

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Application of the Convention

Details

• involved an organized criminal group (Article 2(a) CTOC)
• occurred across one (or more) international borders (transnationally)

Involved Countries

Canada

Hungary

• Gender Dimension

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 
1st Instance

Superior Court of Justice, Ontario, 26 January 2011, application for bail dismissed.

 
 

Victims / Plaintiffs in the first instance

Victim:
Same status for 19 victims
Gender:
Male
Nationality:
Hungarian

Defendants / Respondents in the first instance

Defendant:
Ferenc Domotor
Gender:
Male
Nationality:
Hungarian
Legal Reasoning:

1st Instance

Superior Court of Justice, Ontario, 26 January 2011, application for bail dismissed.

The present case involves four bail reviews concerning the four accused charged in the same information, along with six others who were charged with various offences under the Criminal Code (Canada). The four persons in question faced charges of trafficking in persons (s.279.01), withholding travel, identity or immigration status documents (s.279.03), receiving a material benefit primarily in the form of unpaid labour (s.279.02), and defrauding the City of Hamilton concerning payments under the Ontario Works Act (s. 380(1)(b)).  The application for bail was dismissed and the four accused remained in detention pending their trial.

Defendant:
Gyongi Kolompar
Gender:
Female
Nationality:
Hungarian
Legal Reasoning:

As above (see defendant 1)

Defendant:
Ferenc Karadi
Gender:
Male
Nationality:
Hungarian
Legal Reasoning:

As above (see defendant 1)

Defendant:
Gyula Domotor
Gender:
Male
Nationality:
Hungarian
Legal Reasoning:

As above (see defendant 1)

Charges / Claims / Decisions

Defendant:
Ferenc Domotor
Charge / Claim:
Human Trafficking
Legislation / Statute / Code:
s 279.01 Criminal Code (Canada)
Charge / Claim:
Withholding travel documents
Legislation / Statute / Code:
Section 279.03 Criminal Code (Canada)
Charge / Claim:
Benefit from unpaid labour
Legislation / Statute / Code:
Section 279.02 Criminal Code (Canada)
Charge / Claim:
Defrauding City of Hamilton
Legislation / Statute / Code:
Section 380(1)(b) Ontario Works Act (Ont)
Defendant:
Gyongi Kolompar
Charge / Claim:
Human Trafficking
Legislation / Statute / Code:
Section 279.01 Criminal Code (Canada)
Charge / Claim:
Withholding travel documents
Legislation / Statute / Code:
Section 279.03 Criminal Code (Canada)
Charge / Claim:
Benefit from unpaid labour
Legislation / Statute / Code:
Section 279.02 Criminal Code (Canada)
Charge / Claim:
Defrauding City of Hamilton
Legislation / Statute / Code:
Section 380(1)(b) Ontario Works Act (Ont)
Defendant:
Ferenc Karadi
Charge / Claim:
Human Trafficking
Legislation / Statute / Code:
Section 279.01 Criminal Code (Canada)
Charge / Claim:
Withholding travel documents
Legislation / Statute / Code:
Section 279.03 Criminal Code (Canada)
Charge / Claim:
Benefit from unpaid labour
Legislation / Statute / Code:
Section 279.02 Criminal Code (Canada)
Charge / Claim:
Defrauding City of Hamilton
Legislation / Statute / Code:
Section 380(1)(b) Ontario Works Act (Ont)
Defendant:
Gyula Domotor
Charge / Claim:
Human Trafficking
Legislation / Statute / Code:
Section 279.01 Criminal Code (Canada)
Charge / Claim:
Withholding travel documents
Legislation / Statute / Code:
Section 279.03 Criminal Code (Canada)
Charge / Claim:
Benefit from unpaid labour
Legislation / Statute / Code:
Section 279.02 Criminal Code (Canada)
Charge / Claim:
Defrauding City of Hamilton
Legislation / Statute / Code:
Section 380(1)(b) Ontario Works Act (Ont)

Court

Superior Court of Justice, Ontario

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