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Law Enforcement Sensitive Corruption Related to Trafficking in Persons
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Law Enforcement Sensitive HSI Overview In 2003, U.S. Customs and U.S. Immigration and Naturalization Service were merged intoU.S. Immigration and Customs Enforcement (ICE). In 2010, HSI was formed within ICEfrom elements of ICE’s previous Offices of Investigations, Intelligence and InternationalAffairs.HSI is the primary investigative arm of the Department of Homeland Security and is a vitalU.S. asset in combating criminal organizations illegally exploiting America’s travel, trade,financial and immigration systems.HSI’s workforce includes special agents, analysts, auditors and support staff. Its men andwomen are assigned to cities throughout the United States and to offices around the world. HSI has broad legal authority to enforce a diverse array of federal statutes. It uses thisauthority to investigate all types of cross-border criminal activity.
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Law Enforcement Sensitive Office of Professional Responsibility Maintain and enhance a culture of integrity through a multi-layered approach involving: • Background Investigations• Pre-employment and Periodic• Inspections • Internal Investigations• Education Responsible for investigating criminal and administrative allegations involving more than120,000 employees and contractors of U.S. Immigration and Customs Enforcement andU.S. Customs and Border Protection.
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Law Enforcement Sensitive Human Smuggling Vs. Human Trafficking Human smuggling is the importation of people into a country via the deliberate evasion ofimmigration laws. This includes bringing illegal aliens into a country, as well as theunlawful transportation and harboring of aliens already in a country illegally. Human trafficking is the recruitment, harboring, transportation, provision or obtaining of aperson for labor or services, through the use of force, fraud or coercion for the purpose ofsubjection to involuntary servitude, peonage, debt bondage or slavery; or sex trafficking inwhich a commercial sex act is induced by force, fraud or coercion, or in which the personinduced to perform such act has not attained 18 years of age.
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Law Enforcement Sensitive Current State of TIP-related Corruption TIP-related corruption is not currently being identified.Smuggling and other corruption-related cases are being recognized.Belief that some of the human smuggling corruption cases are linked to TIP; however, nodirect link/knowledge of employee.TIP investigations not actively seeking to uncover evidence of corruption, but mechanismsavailable to report.
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Law Enforcement Sensitive Challenges No significant obstacles to address TIP-related corruption in U.S.Other parts of the world may have obstacles: •Cultural acceptance of corruption •Economic challenge•Low salaries/income Must be able to establish a culture of integrity: •If it doesn’t exist, develop it•If it does, enhance it
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Law Enforcement Sensitive Responses to Corruption Strong supervision.Adopting and enforcing zero-tolerance of corruption policy.Adopting high ethical standards and codes of conduct.Multiple accountability structures.Reviewing salary structure.Identify functions, processes or systems that may be vulnerable.
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Law Enforcement Sensitive Responses to Corruption – continued Implement good human resources management policies and practices.Providing adequate resources for prevention, detection, investigation and prosecution. •Vigorously pursue Publicize successful corruption investigations. •Increase in the public’s trust•Increased awareness in workforce that corruption is not tolerated•Increased reporting of corruption
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Law Enforcement Sensitive International Trainings International Law Enforcement Academy Trainings: •Bangkok•Botswana•Budapest•El Salvador Trafficking in Persons Training: •Bangkok •Peru •Ecuador •Haiti (November 2015) Office of Professional Responsibility Training: •Manila•Mexico•Moldova•Nigeria
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Law Enforcement Sensitive Case Studies Villareal Brothers: •Two Border Patrol Agent brothers led a smuggling organization, and used their positions tofacilitate the smuggling of more than 1,000 aliens into the U.S. from Mexico.•Both fled to Mexico and were subsequently apprehended and extradited to the U.S. •Both were indicted in federal court for alien smuggling, money laundering, and witnesstampering.•Sentenced to 35 and 30 years, respectively, and fined $250,000.00. Guerrero: •U.S. Customs and Border Protection Officer (CBPO) was facilitating the smuggling of aliensand narcotics into the U.S. from Mexico.•OPR’s investigation revealed the CBPO allowed 13 aliens, 9 pounds of cocaine and 372pounds of marijuana into the U.S. through the port of entry.•CBPO and 4 civilian co-conspirators were indicted in federal court for bribery, conspiracy andalien smuggling.•CBPO was sentenced to 9 years.
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Law Enforcement Sensitive Contact Info Brandon S. Stiefer Special Agent/National Program ManagerHuman Smuggling & Trafficking UnitWashington, [email protected]