Prosecute American Purveyors of Forced Labor
We urge the U.S. Department of Justice to take a close look at what is going on in China and other locales and the complicity of American corporations in those events.
June 25, 2023 at 10:00 AM
7 minute read
18 U.S.C. § 1589 of the Trafficking Victims Protection Act, a new provision of the U.S. anti-slavery law, changed the landscape for criminal investigations and prosecutions of behaviors that for over 150 years, had escaped detection and apprehension by the authorities after the abolition of slavery in 1865. Enacted in 2000, the statute created a new crime under the U.S. criminal code, denominated as "forced labor." "Forced labor" was defined by the statute in 2000 as the obtaining of labor or services by means of threats of serious harm or physical restraint, or by means of the abuse of law or legal process, or threats to engage in such abuse, or by constructing a scheme or plan or pattern that would make the victim believe that he or she would suffer serious harm if he or she did not provide labor or services to the "employer." In 2008, the statute was made tougher, amending the definition of forced labor to criminalize the use of force or threats of the use of force to obtain labor or services. The 2008 amendments also criminalize the knowing receipt of financial benefits and profits from participation in ventures that engage in forced labor. The reach of the statute was extended to allow prosecution for participation in forced labor ventures that occur outside the United States. If a U.S. person, including a domestically organized corporation or a corporation operating in the U.S., receives financial benefits from participation in a forced labor venture, no matter where located, it may be prosecuted in the United States under Section 1589(b) of the criminal provisions of the Trafficking Victims Protection Act. A federal court may impose a penalty of up to 20 years in prison if one is found guilty of financially benefitting from participation in a forced labor venture. Although prosecution of a corporation has its challenges, there are cases, including the recent prosecutions of Arthur Anderson, that show that such prosecutions can be effective, especially when individual executives in the company are also held accountable.
In 2020, Congress and the U.S. Department of Labor found that the Chinese government had created a system of forced labor in the Xinjiang Uyghur Autonomous Region (XUAR) by requiring mass internment of detainees to work in a number of industries, especially industries involving manufacturing of electronic devices and textiles.
Both Congress and the Department of Labor report that several American companies, including Calvin Klein, Campbell Soup, Coca-Cola, Kraft Heinz, and Nike are suspected of using Uyghur forced labor in China.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllIncreased Cap on Workers' Comp Attorneys' Fees Benefits All New Jerseyans
7 minute readNJ Court Sides With Real Estate Broker in Dispute Over Employee Classification Under Wage Payment Law
6 minute readGibbons Attorneys File WARN Violations Against Christmas Tree Shops Owners for Short Layoff Notices
3 minute readLaw Firms Mentioned
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250