判例法数据库

贩运人口

United States v. Lee

事实梗概

The Civil Rights Division led a long and difficult investigation resulting in a 22-count indictment against five defendants charged with subjecting workers to involuntary servitude in a garment factory in American Samoa. Specifically, the indictment charged that the defendants brought 250 Vietnamese, and Chinese nationals, mostly young women, to work as sewing machine operators in a Daewoosa garment factory. The victims, some of whom were held for up to two years, were forced to work through extreme food deprivation, beatings, and physical restraint. The victims were held in barracks on a guarded company compound, and were threatened with confiscation of their passports, deportation, economic bankruptcy, severe economic hardship to family members, false arrest, and a host of other consequences. One victim had an eye gouged out by a defendant who struck her with a jagged pipe in order to punish her for refusing to comply with the defendants’ orders.

评注和重要特点

United States v. Kil Soo Lee is the largest trafficking prosecution ever brought by the Department of Justice.

作者:
UNODC

关键词

《人口贩运议定书》:
《人口贩运议定书》第三条
《人口贩运议定书》第五条
法令:
招募
运输
包庇
途径:
恐吓、暴力及其他形式的胁迫
绑架、诱拐
滥用职权或脆弱境况
剥削目的:
强迫劳动或服务
奴隶或与奴役相似的行为
劳役
贩运形式:
跨国
有组织犯罪集团
剥削发生的部门:
工厂或制造业

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

On March 23, 2001, the defendant was arrested on a federal warrant issued by the US District Court for the District of Hawaii. The Complaint and Affidavit in support of the warrant alleged that the defendant violated 18 U.S.C. 1584 (involuntary servitude), and 18 U.S.C.1589 (forced labor). On August 30, 2001, a federal grant jury returned a 22 count indictment.

The defendant was charged with 1 count of conspiracy to violate the civil rights of workers (18 U.S.C. 241), 17 counts of involuntary servitude (18 U.S.C.1584), 1 count of extortion (18 U.S.C. 1951), 1 count of money laundering (18 U.S.C. 1956), 1 count of making a false statement to a financial institution (18 U.S.C. 1014), and 1 count of bribery (18 U.S.C. 215).

During the trial, 36 witnesses testified for the government, including 21 abused workers. The government dismissed 2 of the involuntary servitude charges, and the false statement to a bank official charge.

 
 

受害人/初审原告

受害人:
1-250 Anonymous
性别:
国籍:
/ /
mostly women

被告/ 初审被申请人

被告:
Kil Soo Lee
性别:
法律推理:

HOLDING:

Two Samoan defendants who conspired with [Lee] pleaded guilty to charges of conspiracy. On February 21, 2002, the lead defendant [Kil Soo Lee] was convicted of one count of conspiracy to violate the civil rights of the worker victims, eleven counts of involuntary servitude, one count of extortion, and one count of money laundering. On June 22, 2005, [Lee] was sentenced to 40 years of incarceration.

被告:
Anonymous 2
国籍:
被告:
Anonymous 3
国籍:

指控/索赔/裁决

被告:
Kil Soo Lee
立法/法规/法典:
Title 18 United States Code Section 241
指控详情:
Conspiracy to violate the civil rights of workers (1 count)
陪审团裁决:
Guilty
指控详情:
Involuntary servitude (15 counts)
陪审团裁决:
Guilty
指控详情:
Extortion (1 count)
陪审团裁决:
Guilty
指控详情:
Money laundering (1 count)
陪审团裁决:
Guilty
指控详情:
Making a false statement to a financial institution (1 count)
陪审团裁决:
Not Guilty
指控详情:
Bribery (1 count)
陪审团裁决:
Guilty
监禁期:
40 岁
上诉裁决:
Upheld
被告:
Anonymous 2
指控详情:
Conspiracy to violate the civil rights of workers (1 count)
陪审团裁决:
Guilty
被告:
Anonymous 3
指控详情:
Conspiracy to violate the civil rights of workers (1 count)
陪审团裁决:
Guilty

法院

United States District Court for the District of Hawaii

来源/引文

U.S. Department of Justice: “Report on Activities to Combat Human Trafficking” Fiscal Years 2001-2005, Appendix Human Trafficking cases p.75:

http://www.usdoj.gov/crt/crim/trafficking_report_2006.pdf