Forced Labor Case Study: U.S. v. Olga Murra 1980s - Sisters - PDF document

4/5/2018 Background Forced Labor Case Study: U.S. v. Olga Murra • 1980s - Sisters (Tania, Yuri, Jehan, and Ingrid) met Olga and her children, in Mexico; 6-11 years old • Sisters’ mother had mental health issues and father was an alcoholic • Sisters worked for Olga (household chores, flower shop, factory) Michelle Allen-McCoy • Role of religion: Olga spoke the will of God Alison Maher Move from MX to US in late 1990s Escapes/Exits • Sisters, now adults, smuggled into the United • 2000 – Tania – Olga put her on bus to Laredo, TX States (Olga is a USC) • 2004 – Jehan - ran out of house in PJs in middle of • House cleaning business; McDonald’s, Walmart, the night FedEx • 2004 – Yuri - dropped off on street with bag of • Punishment – “in sin” clothes • Sleeping in garage • 2011 – Ingrid - rescued by other sisters • Deprived of food • Religious recordings/Discipline sessions • Verbal abuse (called mentally retarded, going to hell) Law Enforcement Involvement Additional Victim • Vania – Olga’s half -sister • 2015 – Brochure on human trafficking at Catholic • Role of religion – Olga spoke the will of God Charities • Convinced Vania not to pursue practice of medicine or • Referral to Mosaic Family Services to marry • Homeland Security Investigations • Came to US in 1997 (illegally) • Manager of Olga’s business until 2002 when stood up for other victims • Deprivation of food, sleeping in garage, threatened to call immigration • 2006 – dropped off at apartment in undesirable part of town with bag of clothes 1

4/5/2018 Forced Labor Additional Victim 18 U.S.C. 1589 • Defendant provided or obtained labor and • Maurizio – met Olga in Mexico services of [Victims] • Came from abusive home, looking for family • Defendant provided or obtained services of • Came to US with Olga in 1990’s [Victims] through a scheme, plan, or pattern • 2001 – Olga sent him to CA on a bus intended to cause [Victims] to believe that • 2009 – Olga sent for Maurizio to provide non-performance would result in serious medical care for her husband harm or physical restraint • Once, husband passed – Olga kicked him out • Defendant acted knowingly Serious Harm Forced Labor • Any harm, whether physical or non- • If victims suffered consequences in physical, including psychological, financial, connection with services, either as or reputational harm, that is sufficiently punishment or as part of a climate of fear serious under all circumstances to compel a that overcame her will and compelled her reasonable person of the same background service, that is sufficient to establish the and in the same circumstances to perform second element of forced labor or to continue to perform labor or services in order to avoid incurring that harm Forced Labor • Consider surrounding circumstances - Atmosphere of violence, verbal abuse and insults, isolation, poor working and living conditions, denial of adequate food, water, rest, and medical care, withholding of pay, VICTIM SERVICES or any combination MOSAIC’S ROLE 2

4/5/2018 Initial Contact Legal Consultation and Reporting • Identification process • Survivors reach out to Mosaic and have initial • Orientation to reporting options and criminal justice process intake with case management • Risks and benefits of reporting • Due to length of time since escape, most • Immigration relief available critical needs were counseling and legal • Allow survivor time to weigh options and ask • Significant hesitation about coming forward follow up questions and need for support • Follow up meetings to ensure preparedness to report • Case manager refers for legal consultation • Early role as liaison between survivors and investigating agent Continued Presence and T Visa Protecting Survivor Privacy Interaction Interests in Records • Defense served Mosaic subpoena “any and all • Use of trusted law enforcement contact communications, reports, interview notes, work • Critical - timely request for continued presence product, client tracking form, intake forms or • Presence of immigration-related threats and other writings or information electronic or paper, by or between/to and from Mosaic Family retaliation Services, AND ANYONE ELSE” regarding all – Efforts to attack survivors through employment survivors with deadline one week prior to trial – Vulnerabilities • Responded with assertions of all applicable • Decision on timing of T filing – victim privileges; after in camera review and interview of custodians of records, court upheld claims services perspective Rulings on Privilege • Failed defense arguments: – Mental health privilege did not apply to LPC interns – By denying representation for a T visa, client denied existence of attorney-client relationship – Survivors ‘discussed the same subject matter’ in reporting to government that they discussed with attorney • On appeal, privilege claims upheld – Mosaic leave to intervene denied; amicus filed through pro bono counsel – Court ruled license-eligible individuals acting under supervision of licensed counselors get privilege – In both contexts, no one disclosed any portion of actual confidential communications that would amount to waiver 3