判例法数据库

贩运人口

United States v Victor Nikolayevich Virchenko

事实梗概

Defendant Victor Nikolayevich Virchenko is a Russian national who was involved in a human trafficking scheme. Defendant Virckenko, along with his co-defendants Pavel Agafonov, a naturalized US citizen, and Tony Kennard, a US citizen, trafficked women and minor girls from Russia into Alaska to dance nude in strip clubs. The victims, nine young female Russian folk dancers, were told they would be participating in folk shows across the US. When they arrived in the US, however, Defendants took their passports and return tickets and forced them to dance nude at strip clubs. The Russian victims were brought into the US in December 2000 and were freed by the INS in January 2001. Defendant Virchenko was arrested at the Anchorage International Airport. Only Kennard appealed his guilty plea.

评注和重要特点

This is the first case tried under the U.S.'s TVPA.

判决日期:
2001-09-25
作者:
Human Trafficking Database of the University of Michigan Law School

关键词

法令:
招募
运输
途径:
恐吓、暴力及其他形式的胁迫
欺骗
剥削目的:
对他人卖淫行为的剥削或其他形式的性剥削
贩运形式:
跨国
剥削发生的部门:
商业化性剥削

程序步骤

法律制度:
习惯法
最新的法院:
初审法院
诉讼类型:
刑事的
 

受害人/初审原告

受害人:
9+ individuals
性别:
国籍:

被告/ 初审被申请人

被告:
Victor Nikolayevich Virchenko
性别:
国籍:
法律推理:

Vichenko pled guilty to the immigration fraud and transportation of minor charges.

被告:
Tony Allen Kennard
性别:
法律推理:

Kennard pled guilty to the visa fraud and transportation of minors for illegal activity charges and was sentenced accordingly.

被告:
Pavel Vasilievich Paris Agafonov
性别:
法律推理:

Agafonov pled guilty to visa fraud and transportation of minors.

指控/索赔/裁决

被告:
Victor Nikolayevich Virchenko
立法/法规/法典:

18 USCS 1546

指控详情:
Immigration Fraud
陪审团裁决:
Guilty
立法/法规/法典:

18 USC 2421

指控详情:
Transporting Minors for Illegal Sexual Activity
陪审团裁决:
Guilty
立法/法规/法典:

18 USC 1201 & 1202

指控详情:
Kidnapping
陪审团裁决:
Withdrawn
立法/法规/法典:

18 USC 1589 & 2

指控详情:
Forced Labor
陪审团裁决:
Withdrawn
监禁期:
2 岁 6 月份
then deportation
罚金/向国家付款:
是的  100  USD  (Up to 10,000 USD) Special Assessment
被告:
Tony Allen Kennard
立法/法规/法典:

18 USC 2423(a) & 2

指控详情:
Transporting Minors for Illegal Sexual Activity
陪审团裁决:
Guilty
立法/法规/法典:

18 USC 371

指控详情:
Conspiracy
陪审团裁决:
Withdrawn
立法/法规/法典:

18 USC 1546(a) & 2

指控详情:
Visa Fraud
陪审团裁决:
Guilty
立法/法规/法典:

18 USC 1201 & 2

指控详情:
Kidnapping
陪审团裁决:
Withdrawn
立法/法规/法典:

18 USC 1589 & 2

指控详情:
Forced Labor
陪审团裁决:
Withdrawn
监禁期:
3 岁 10 月份
罚金/向国家付款:
是的  800  USD  (Up to 10,000 USD) Special Assessment
上诉裁决:
Upheld

2nd Instance citation: 46 Fed. Appx. 426

Kennard appealed, claiming his guilty plea was not valid as it was not made knowingly, voluntarily, and intelligently as required by U.S. law. However, the appellate court disagreed and upheld his conviction and sentence.

被告:
Pavel Vasilievich Paris Agafonov
监禁期:
1 岁 6 月份
罚金/向国家付款:
否  (Up to 10,000 USD)

法院

U.S. District Court for the District of Alaska