判例法数据库

贩运人口

United States v. Timothy Bradley, Criminal Case No. 03-CR-61

事实梗概

During the period from 1999 to September 2001, the defendants Bradley and O’Dell, lured a total of 5 seasonal workers from Jamaica to work at the defendants’ tree removal company in New Hampshire. On two separate occasions, the defendants traveled to Jamaica to recruit workers. The men who agreed to come to the United States were promised wages of between 10-20 USD per hour and lodging on the defendants’ property.

Once in the United States, victims were paid less than the promised wage, and were housed in substandard conditions. For example, the first two workers (L.W. & G.C.), were forced to live in a camping trailer that initially lacked basic necessities such as running water and heat. To maintain control over the victims, the defendants subjected the workers to verbal assaults, threats, and physical abuse. The defendants also confiscated victims’ identity documents and plane tickets. When L.W. fled to New York, Bradley, in the presence of the remaining workers, threatened to travel to New York with his gun to track down the runaway. After the defendants recruited a second group of workers (M.S., A.F., and D.H.), to New Hampshire, O’Dell told the three men that Bradley planned to hire someone in Jamaica to “destroy” the victim who fled to New York. The defendants also impeded the victims’ access to medical care, and closely monitored their movements outside of the defendants’ property.

Eventually, several workers fled the property and contacted local law enforcement.

作者:
Human Trafficking Database of the University of Michigan Law School

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
欺诈
欺骗
滥用职权或脆弱境况
剥削目的:
强迫劳动或服务
贩运形式:
跨国
剥削发生的部门:
农业

交叉问题

性别平等方面的考虑因素

详情

• 女性主犯

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
 

受害人/初审原告

受害人:
L.W.
性别:
国籍:
受害人:
G.C.
性别:
国籍:
受害人:
M.S.
性别:
国籍:
受害人:
A.F.
性别:
国籍:
受害人:
D.H.
性别:
国籍:

被告/ 初审被申请人

被告:
Timothy H. Bradley
性别:
年龄:
43
被告:
Kathleen Mary O’Dell
性别:
年龄:
48
法律推理:

A federal jury convicted the defendants on a number of counts related to the forced labor scheme. In January 2004, Bradley and O’Dell were each sentenced to 70 months imprisonment and ordered to pay 13,052 USD in restitution.

指控/索赔/裁决

被告:
Timothy H. Bradley
被告:
Kathleen Mary O’Dell
立法/法规/法典:
18 U.S.C. Art.371
指控详情:
Conspiracy to commit forced labor
陪审团裁决:
Guilty
指控详情:
Forced labor
陪审团裁决:
Guilty
指控详情:
Trafficking into forced labor
陪审团裁决:
Guilty
指控详情:
Document servitude
陪审团裁决:
Guilty
指控详情:
Wire fraud
陪审团裁决:
Guilty
监禁期:
5 岁 10 月份
赔偿/向受害人付款:
是的  13052  USD  (10,000-50,000 USD)
In restitution to victims
上诉裁决:
Remanded

2nd Instance: Bradley and O’Dell contested both of their convictions and their sentences. In particular, they challenged a number of alleged errors in the district court's jury instructions; the introduction of evidence regarding their treatment of L.W. and G.C. in 1999-2000; and the application of two sentencing enhancements under U.S.S.G. § 2H4.1. The Court of Appeals affirmed the decision of the district court. [390 F.3d 145 (2004)]

3rd Instance: The Court of Appeals was ordered to remand this case in light of Booker case. The Court of Appeals vacated the defendants’ sentences, and remanded the case for more proceedings to address possible mitigating circumstances that might have reduced their sentences. [545 U.S. 1101 (2005); 426 F.3d 54 (2005)].

On remand in 2006, the district court declined to alter the sentences.

法院

United States District Court for the District of New Hampshire