Criminal liability Forced labour Group or joint liability Human trafficking Proceeds of crime Slavery
Section 1594 sets out a number of ancillary offences relating to trafficking, forced labour and slavery, including both attempts to commit these offences and conspiracy to commit these offences. This section also provides that any property used to commit or facilitate such offences, or any property derived from the proceeds of these crimes, shall be foreited to the US Government. Such assets are to be used to satisfy victim restitution orders under Section 1593.
Section 1594. (a) Whoever attempts to violate section 1581, 1583, 1584, 1589, 1590, or 1591 shall be punishable in the same manner as a completed violation of that section.
(b) Whoever conspires with another to violate section 1581, 1583, 1589, 1590, or 1592 shall be punished in the same manner as a completed violation of such section.
(c) Whoever conspires with another to violate section 1591 shall be fined under this title, imprisoned for any term of years or for life, or both.
(d) The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States—
(1) such person’s interest in any property, real or personal, that was involved in, used, or intended to be used to commit or to facilitate the commission of such violation, and any property traceable to such property; and
(2) any property, real or personal, constituting or derived from, any proceeds that such person obtained, directly or indirectly, as a result of such violation, or any property traceable to such property.
(e) (1) The following shall be subject to forfeiture to the United States and no property right shall exist in them:
(A) Any property, real or personal, involved in, used, or intended to be used to commit or to facilitate the commission of any violation of this chapter, and any property traceable to such property.
(B) Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this chapter.
(2) The provisions of chapter 46 of this title relating to civil forfeitures shall extend to any seizure or civil forfeiture under this subsection.
(f) Transfer of Forfeited Assets.—
(1)In general.—Notwithstanding any other provision of law, the Attorney General shall transfer assets forfeited pursuant to this section, or the proceeds derived from the sale thereof, to satisfy victim restitution orders arising from violations of this chapter.
(2)Priority.—Transfers pursuant to paragraph (1) shall have priority over any other claims to the assets or their proceeds.
(3)Use of nonforfeited assets.—Transfers pursuant to paragraph (1) shall not reduce or otherwise mitigate the obligation of a person convicted of a violation of this chapter to satisfy the full amount of a restitution order through the use of non-forfeited assets or to reimburse the Attorney General for the value of assets or proceeds transferred under this subsection through the use of nonforfeited assets.
(g)Witness Protection.—Any violation of this chapter shall be considered an organized criminal activity or other serious offense for the purposes of application of chapter 224 (relating to witness protection).
Law /United States / Trafficking Victims Protection Act and its Reauthorizations
The Trafficking Victims Protection Act (TVPA) and its Reauthorisations implement an extensive range of measures designed to combat human trafficking, forced labour and slavery, and to protect the rights of victims. The measures include: the criminalisation of ‘sex trafficking’ and trafficking for the purpose of forced labour; the provision of ‘T visas’ to some victims of trafficking and their families; provision for restitution and civil remedies for victims; and the creation of the ‘Office to Monitor and Combat Trafficking in Persons’ which monitors and evaluates the efforts of the U.S. and other countries in preventing and prosecuting human trafficking and protecting victims.