Case Law Database

Participation in an organized criminal group

Offences

• Participation in criminal activities of organized criminal group
• Agreement to commit a serious crime (conspiracy)

Trafficking in persons

United States V. Gouw

Fact Summary

Defendant Hans Gouw was charged with conspiracy to commit sex trafficking, immigration fraud, identification document fraud and money laundering. Defendant Harjanto Komala was charged with conspiring to recruit juvenile females to engage in a commercial sex act. 

On April 26, 2005, the defendants pled guilty to the charges. The defendants admitted to plotting to recruit young Indonesian women and teenage girls to travel to the United States to work as prostitutes and nude dancers. The women and teenage girls would not have been allowed to leave the employment for at least a year, would have had their documents confiscated, and would have been closely monitored while living in a house under the control of Gouw, the ringleader. On May 27, 2005, defendant Komala was sentenced to one year and a day in prison and the judge ordered the forfeiture of $50,000. On September 9, 2005, defendant Gouw was sentenced to five and a half years in prison.

Commentary and Significant Features

The government’s investigation into Gouw’s fraud as an immigration broker led to discovering the human trafficking conspiracy. Gouw ran a “fraud ring that authorities think allowed more than 1,000 Indonesian immigrants to file bogus asylum claims” before Gouw admitted to starting an international sex trafficking business. The plan was discovered before any women had been brought to the United States, though plans indicated that about 40 women were going to be brought to the U.S., some of whom were younger than 18. 

Source: http://www.washingtontimes.com/news/2005/apr/27/20050427-101052-6082r/

Sentence Date:
2005-09-09
Author:
Human Trafficking Database of University of Michigan Law School

Keywords

Trafficking in Persons Protocol:
Article 3, Trafficking in Persons Protocol
Article 5, Trafficking in Persons Protocol
Acts:
Recruitment
Harbouring
Means:
Threat or use of force or other forms of coercion
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation
Form of Trafficking:
Transnational
Organized Criminal Group
Sector in which exploitation takes place:
Commercial sexual exploitation
Protocol against the Smuggling of Migrants:
Article 5 Criminalization of participation in an organized criminal group

Cross-Cutting Issues

Liability

... for

• attempt

... based on

• criminal intention

... as involves

• principal offender(s)
• participant, facilitator, accessory
• organiser/director

Offending

Details

• occurred across one (or more) international borders (transnationally)
• involved an organized criminal group (Article 2(a) CTOC)

Involved Countries

United States of America

Indonesia

Investigation Procedure

Confiscation and Seizure

Seized Money:
50000 USD

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
Accused were tried:
together (single trial)
 

1st Instance: 

Court: U.S. District Court for the Eastern District of Virginia
Location:  Alexandria, VA
Date of decision:  Guilty plea on April 26, 2005, Sentencing hearings for the defendants in May and September 2005.
Reference: DOCKET NUMBER 1:05cr69

 
 

Victims / Plaintiffs in the first instance

Victim:
Anonymous Individuals
Gender:
Female
Nationality:
Indonesian

The women and girls were never actually brought to the U.S. because the conspiracy was discovered before they were transported from Indonesia to the U.S.

Defendants / Respondents in the first instance

Number of other accused:
2
Defendant:
Hans Gouw
Gender:
Male
Age:
54

Ringleader of a human trafficking and money laundering conspiracy. 

Legal Reasoning:

The defendant entered a guilty plea.

Defendant:
Harjanto Komala
Gender:
Male
Legal Reasoning:

The defendant entered a guilty plea.

Charges / Claims / Decisions

Defendant:
Hans Gouw
Legislation / Statute / Code:

18 USC 1546

Charge details:
Conspiracy to Commit Immigration Fraud
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1028

Charge details:
Conspiracy to Commit Identification Document Fraud
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1591

Charge details:
Conspiracy to Commit Sex Trafficking
Verdict:
Guilty
Legislation / Statute / Code:

18 USC 1956

Charge details:
Money Laundering
Verdict:
Guilty
Term of Imprisonment:
5 years 6 Months
Defendant:
Harjanto Komala
Legislation / Statute / Code:

18 USC 1591

Charge details:
Conspiracy to Recruit Juvenile Females to Engage in Commercial Sex
Verdict:
Guilty
Term of Imprisonment:
1 year
Fine / Payment to State:
Yes  50000  USD  (50,000-100,000 USD)

Forfeiture.

Court

U.S. District Court for the Eastern District of Virginia

Sources / Citations

DOJ: ww.justice.gov/archive/ag/annualreports/tr2005/agreporthumantrafficing2005.pdf

Michigan Law: http://www.law.umich.edu/clinical/HutrafficCases/Pages/CaseDisp.aspx?caseID=573

Attachments