Case Law Database

Trafficking in persons

United States v. Carslake

Fact Summary

“Frosty Treats,” a Russian company operating ice-cream trucks near Kansas City, Missouri, promised a group of college students from the Ukraine the opportunity to earn salaries between $10,000 and $15,000 for the summer in the United States. Once in the United States, however, the students were forced to work 13 hours a day, seven days a week, for less than minimum wage. Defendants restricted the students' access to telephone and mail communication. On September 10, 2007, David Carslake pled guilty to obstruction of mail; Frosty Treats entered a separate settlement agreement, agreeing to pay more than $47,555 in restitution to the six students, and to stop recruiting foreign students at all of its U.S. locations for the next two years. Several of the other defendants remain at large.

Commentary and Significant Features

Other indicted defendants are D.H.M., 45, and J.S.G., 45, all residents of Kansas City; and E.S.F., 20, and V.A.T., 21, both citizens of Russia. The Russian citizens helped recruit the students to the US.

Author:
Human Trafficking Database of the University of Michigan Law School

Keywords

Acts:
Recruitment
Means:
Threat or use of force or other forms of coercion
Deception
Purpose of Exploitation:
Forced labour or services
Form of Trafficking:
Transnational
Organized Criminal Group
Sector in which exploitation takes place:
Other sectors

Procedural Information

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

1st Instance:

Court: U.S. District Court for the Western District of Missouri

Location:          Missouri

Date of decision: 2009

Reference: Docket Number: 06-CR-00317

 
 

Victims / Plaintiffs in the first instance

Victim:
8 Individuals
Gender:
Male
Nationality:
Ukrainian

Defendants / Respondents in the first instance

Defendant:
David L. Carslake
Gender:
Male
Age:
55
Legal Reasoning:

Carslake pled guilty to the charge of  obstruction of mail.

Charges / Claims / Decisions

Defendant:
David L. Carslake
Legislation / Statute / Code:

18 U.S.C. § 2 and 18 U.S.C. § 1589

Charge details:
Aiding and Abetting Forced Labour and Forced Labour
Verdict:
Withdrawn
Legislation / Statute / Code:

18 U.S.C. § 1701

Charge details:
Obstruction of Mail
Verdict:
Guilty
Legislation / Statute / Code:

18 U.S.C. § 1592

Charge details:
Domestic Servitude
Verdict:
Withdrawn
Legislation / Statute / Code:

18 U.S.C.§ 1546(a)

Charge details:
Visa Fraud
Verdict:
Withdrawn
Term of Imprisonment:
5 years
Fine / Payment to State:
Yes  5100  USD  (Up to 10,000 USD) $5,000 fine and $100 special assessment

Court

United States District Court for the Western District of Missouri

Sources / Citations

http://www.law.umich.edu/CLINICAL/HUTRAFFICCASES/Pages/CaseDisp.aspx?caseID=392

News article: http://www.bizjournals.com/kansascity/stories/2006/09/18/daily25.html?page=all