Professional Documents
Culture Documents
Their immense area of operation spanned 12 states, including Texas, and the
District of Columbia.
The investigation that brought down the pimp partners was conducted by the
FBI, the Pennsylvania State Police, and the IRS. The Pennsylvania State
Police would develop information on each prostitute the agency arrested.
The FBI then used this information to track the prostitutes around the
country, leading to court-ordered wiretaps on the cell phones of the pimp
partners. And the IRS tracked over 6,500 Western Union wire transfers from
the prostitutes to the pimp partners. These investigations produced enough
information to convict the pimp partners of conspiracy to engage in
interstate prostitution, interstate travel in aid of racketeering, and coercion of
women into prostitution.
The “pimp partners” case was part of a cooperative effort between the FBI,
the U.S. Justice Department, and the National Center for Missing and
Exploited Children. This investigative initiative began as a nationwide law
enforcement effort called the Innocence Lost National Initiative which was
established in 2003 to prevent and prosecute child prostitution. Through
2007, this initiative resulted in 374 open investigations, 967 arrests, 195
indictments, 217 convictions and the recovery of more than 300 children.
The State of Nevada decriminalized prostitution in the early 1930s and made
it legal in 1967. Today there are thirty-six licensed bordellos in the state that
paid anywhere from $135,000 to $5 million for their license fees. These
legal bordellos generate an estimated $35 to $50 million in revenues
annually. David Rosen cited a 2005 University of Las Vegas study
conducted by Kate Housbeck and Barbara Brents found that in Southern
Nevada there were 20 adult shops and 30 strip clubs operating. In Clark
County alone (Las Vegas) there are approximately 100,000 registered
“erotic dancers.”
These findings compelled the authors to observe that “Las Vegas is the
symbolic center of the sex industry in the United States.”
The social damage caused by human trafficking (either for sex or labor) and
the kind of prostitution rings operated by the “pimp partners” has resulted in
a greater emphasis by law enforcement prostitution-related crimes. FBI
figures show that in 1999 there were 92,200 prostitution arrests made in this
country. By 2005, the number had decreased to 84,891 – nearly an 8 percent
decline indicating the suggesting success of such programs like the
Innocence Lost National Initiative, Trafficking Victims Protection Act of
2000 (produced a 405% increase in trafficking indictments by the Justice
Department), and the Adam Walsh Child Protection and Safety Act of 2006
which increased to a maximum of 20 years the penalty for sex offenders who
do not register with the National Sex Offender Registry.
There are primarily four federal statures U.S. Attorneys utilize to prosecute
sex trafficking offenses involving adult and juvenile victims: 18 U.S.C. §
2421, § 2422, § 2423, and § 1952.
From the very beginning, the Mann Act has enjoyed a colorful legal history.
The United States Supreme Court in 1913 held that while Congress could
not regulate prostitution, it could regulate “travel” to facilitate the “world’s
oldest profession” and prevent the nation’s highways from being used for
“immoral purposes.” See: Hoke v. United States, 227 U.S. 308, 322 (1913).
That same term the Court also observed that the law was not limited to
“prostitution” but to general “debauchery” as well. See: Athanasaw v.
United States, 227 U.S. 326, 328 (1913). Four years later the Court
expanded the scope of the Mann Act even further by saying it not only
applied to prostitution but to non-commercial consensual sexual liaisons as
well, including consensual extramarital sexual affairs on the premise that
such affairs amounted to “immoral sex.” See: Caminetti v. United States,
242 U.S. 470, 484-85 (1917).
• Charlie Chaplain, the famous British film actor, was prosecuted under
the Mann Act for his involvement with actress Joan Barry. Although
acquitted, the Mann Act prosecution permanently damaged Chaplin’s
image in the United States.
• William J. Thomas, the pioneering sociologist, had his academic
career destroyed at the University of Chicago after he was charged
with a Mann Act violation when he was caught in the company of the
wife of an American military officer stationed in France, even though
he was also acquitted.
• Elizabeth Smart, the famous Canadian author, was arrested in 1940
under the Mann Act when she crossed a state border with her lover,
British poet George Barker. She later wrote about the incident in a
fictionalized account entitled “By Grand Central Station I Sat Down
and Wept.”
In 1944 the Supreme Court finally applied some legal restraint to the broad
reach of the Mann Act. See: Mortensen v. United States, 322 U.S. 369
(1944). The defendants in Mortensen operated a brothel in Grand Island,
Nebraska. They transported two prostitutes to Salt Lake City, Utah for a
two-week vacation. They were indicted upon their return to Grand Island for
a Mann Act violation. Their indictment, and subsequent conviction, occurred
even though the two women did not engage in any acts of prostitution during
the vacation, and, in fact, did not even discuss prostitution during that two-
week period. The Supreme Court reversed their convictions, finding that the
sole purpose of the vacation was recreation even though the two women
planned to, and in fact, did return to prostitution upon their return to Grand
Island. In overturning the defendants’ conviction, the Court held that “an
intention that the women or girls shall engage in the conduct outlawed by
Section 2 [§ 2421] must be found to exist before the conclusion of the
interstate journey and must be the dominant motive of such interstate
movement.” Id., 322 U.S. at 374.
The Fifth Circuit Court of Appeals, however, has never been unduly
impressed with the “dominant motive” phrase expressed in Mortensen.
While the Fifth Circuit acknowledged that one of the essential elements of
the Mann Act is that the defendant transport the victim with an intent to
engage her in criminal sexual activity, the court added:
“[I]t is not necessary to a conviction under the Act that the sole and single
purpose of the transportation of a female in interstate commerce was such
immoral practices. It is enough that one of the dominant purposes was
[criminal sexual activity]. It suffices if one of the efficient and compelling
purposes in the mind of the accused in the particular transportation was
illicit conduct of that kind. The illicit purpose denounced by the Act may
have coexisted with other purpose or purposes, but it must have been an
efficient and compelling purpose.” See: United States v. Campbell, 49 F.3d
1079, 1082-83 (5th Cir. 1995). See also: Forrest v. United States, 363 F.2d
348 (5th Cir. 1966) [precedent relied upon by Campbell court].
”During April, 1964, appellant and the three women decided to take a
vacation trip to Pensacola, Florida, it being agreed that neither appellant nor
‘Nancy’ would take any percentage of the girls' earnings while there, and
that any money received for ‘dates’ would be divided equally between the
two interested participants. Prior to departure, appellant telephoned an
acquaintance in Pensacola and suggested that the girls would be available
there for plying their trade. Upon their arrival, appellant's contact provided
one customer, whose $50.00 was divided between the two girls excluding
‘Nancy.’
The Fifth Circuit concluded that the evidence was sufficient to show that the
defendant transported the women for the “dual purpose” of taking a vacation
and for the girls to fill dates of prostitution. The court noted that all four of
the vacationers discussed the opportunities the three women would have to
make expense money on the trip. The court pointed out that the only
difference between these money-making opportunities and the usual order of
business was that neither the defendant nor “Nancy” collected forty percent
for the house. Id., at 351. The court concluded:
”Taken as a whole, the evidence that such a call was made, when added to
the other evidence of prior planning, clearly supports a finding that the intent
or purpose to facilitate acts of prostitution was present in appellant's mind at
or prior to the inception of the interstate transportation.
”Admittedly, appellant came to Pensacola with several purposes in mind in
addition to recreation and facilitation of the girls' immoral acts: to introduce
‘Nancy,’ whom he planned to marry, to a friend; to show off his new car;
and to follow up on a business deal. But the conclusion is inescapable that
recreation and prostitution were the predominant ones.” Id., at 352.
The second federal statute, § 2422, is known as the “Adam Walsh” act. It
provides:
”(b) Whoever, using the mail or any facility or means of interstate or foreign
commerce, or within the special maritime and territorial jurisdiction of the
United States knowingly persuades, induces, entices, or coerces any
individual who has not attained the age of 18 years, to engage in prostitution
or any sexual activity for which any person can be charged with a criminal
offense, or attempts to do so, shall be fined under this title and imprisoned
not less than 10 years or for life.”
The following facts from a Fifth Circuit case offer an example of the kind of
crimes the statute targets:
”On December 13, 2004, a federal grand jury indicted Armendariz on one
count of use of the Internet to attempt to entice a minor between twelve and
fifteen years of age to engage in sexual activity that would constitute an
Aggravated Sexual Assault crime under TEX. PENAL CODE ANN. §
22.021, in violation of 18 U.S.C. § 2422(b). On January 10, 2005,
Armendariz pleaded guilty to the indictment without a plea agreement.” See:
United States v. Armendariz, 451 F.3d 352, 254-55 (5th Cir. 2006).
This statute has drawn substantial criticism from both outside and inside the
judicial arena because an individual can be prosecuted and convicted
without an “actual minor” being involved in the alleged offense.
This defense has also been rejected in aggravated sexual assault cases
brought under Tex.Penal Code § 22.021. See: Chen v. State, 42 S.W.3d 926
(Tex.Crim.App. 2001).
Defense attorneys continue to raise the defense because at least two U.S.
District Court decisions have questioned the legislative intent of § 2422(b),
saying that the legislative history of the statute requires the involvement of
an actual minor before there can be a conviction UNDER the statute. United
States v. Helder, No. 05-00125-01-CR-W.DW (W.D. Mo. August 5, 2005)
and United States v. Hicks, No. 05-00042-01-CR-W-D.W, 2005 WL
2090785 (W.D.Mo. August 29, 2005)[both decisions unpublished].
These two Federal district court decisions at the very least legitimize raising
the defense until the United States Supreme Court can resolve the matter.
The fact that the issue has been presented to so many courts of appeal
indicates a legitimate controversy as to whether § 2422(b) requires the use of
an “actual minor.”
”(b) Travel with intent to engage in illicit sexual conduct. A person who
travels in interstate commerce or travels into the United States, or a United
States citizen or an alien admitted for permanent residence in the United
States who travels in foreign commerce, for the purpose of engaging in any
illicit sexual conduct with another person shall be fined under this title or
imprisoned not more than 30 years, or both.
”(c) Engaging in illicit sexual conduct in foreign places. Any United States
citizen or alien admitted for permanent residence who travels in foreign
commerce, and engages in any illicit sexual conduct with another person
shall be fined under this title or imprisoned not more than 30 years, or both.
”(f) Definition. As used in this section, the term ‘illicit sexual conduct’
means (1) a sexual act (as defined in section 2246 [18 USCS § 2246]) with a
person under 18 years of age that would be in violation of chapter 109A [18
USCS §§ 2241 et seq.] if the sexual act occurred in the special maritime and
territorial jurisdiction of the United States; or (2) any commercial sex act (as
defined in section 1591 [18 USCS § 1591]) with a person under 18 years of
age.
“(b) As used in this section Oi) ‘unlawful activity’ means (1) any business
enterprise involving gambling, liquor on which the Federal excise tax has
not been paid, narcotics or controlled substances as defined in section 102(6)
of the Controlled Substance Act [21 U.S.C.S. § 802(b)], or prostitution
offenses in violation of the laws of the State in which they are committed or
of the United States, (2) extortion, bribery, or arson in violation of the laws
of the State in which committed or of the United States, or (3) any act which
is indictable under section 1956 or 1957 of title [18 U.S.C.S § 1956 and
1957] and (ii) the term ‘State’ includes a State of the United States, the
District of Columbia, and any commonwealth, territory, or possession of the
United States.
“(c) Investigations of violations under this section involving liquor shall be
conducted under the supervision of the Attorney General.”
This statute is also known as the “Travel Act.” Its elements are identical to
the elements of § 2421 except it has an additional element of conduct in
furtherance of prostitution after transportation across a state line for that
purpose. See: Pandelli v. United States, 635 F.2d 533 (6th Cir. 1980).
The Fifth Circuit in United States v. Langley, 919 F.2d 926 (5th Cir. 1990)
set forth facts that constitute a crime under § 1952:
”Kelly's clients paid in cash or with checks or credit cards. The typical credit
card charge was about $ 150. Kelly's received approximately $ 1,200 per
month by this means of payment, representing roughly ten to twenty percent
of its total prostitution income. Langley kept slightly less than half of each
charge, with the prostitute providing the service receiving the remainder.
”An FBI search of the two apartments, pursuant to a federal search warrant,
led to the discovery of various business records associated with Kelly's.
Business information contained in the records indicated that Kelly's
employed more than twenty prostitutes. The records further reflect Langley's
role as owner and operator of Kelly's and his managerial function in the
operation of the business..” Id., at 928.
These four federal statutes are increasingly being used to target not only
online child sex predators but persons involved in prostitution, especially the
kind spawned from human trafficking operations.
"Human trafficking is a critical (issue) for the Holy See," said Monsignor
Pietro Parolin, the Pope's undersecretary of state, in an address to the
seminar.
A press release issued by the religious orders said one of the benefits from
the seminar was the creation of the International Network of Religious
Against Trafficking in Persons (INRATIP). The new organization issued a
statement in which it called upon governments "to address the issues of
economic inequality, poverty and corruption which lead to the destruction of
so many lives."
The statement went on to say, "We urge all people of good will to open your
hearts to the victims and to act to change the root causes of human
trafficking -- poverty, gender inequality, discrimination, greed and
corruption. Our hope rests in a vision of humanity which honors the
principle that no woman, child or man is a commodity for sale."
To combat the evils associated with human sex trafficking, some like David
Rosen have called for the legalization of prostitution. This approach would
be a mistake, according to a recent study of legalized prostitution in Nevada
by Melissa Farley. In her book entitled “Prostitution and Trafficking in
Nevada: Making the Connections,” Farley concluded that the only people
served by legalizing prostitution are pimps and brothel owners.
“Sex trafficking happens when and where there is a demand for prostitution
and a context of impunity for its customers,” Farley explained in her book
which was the result of a two-year study of how prostitution works in
Nevada. Farley supported this contention by saying that illegal prostitution
in Nevada is nine times greater than the state’s legal brothels.
“Legal prostitution has set the stage for discrimination against women,
especially those who are most vulnerable: poor and ethnically marginalized
women."
The human suffering produced by global human trafficking, whether for sex
or labor, has given the “world’s oldest profession” a really bad name. It
forced the federal government over the last decade to target human sex
traffickers like the “pimp partners” and online child sex predators.