Creative Strategies in Prosecuting Human Trafficking Cases Using Forfeiture by Wrongdoing and Other Evidence-Based Techniques

and prosecuting human trafficking cases can be daunting. Among the most common and difficult of these obstacles is the inability or unwillingness of victims to participate in the process. This reluctance may be based upon a variety of factors, including the victims’ fear, shame, distrust of law enforcement, and a real — or perceived — lack of alternatives to trafficking as a way of life. Sometimes the unwillingness of victims to participate arises from their relationships with their traffickers, who may exploit love and intimate relationships to recruit their victims. The undercurrents in such cases involve many of the same dynamics prevalent in dating, intimate partner, or sexual violence as well as child abuse. Also present, however, is the traffickers’ significant financial interest in the victims,2 as well as the traffickers’ increased exposure to state and federal criminal charges if detected. Accordingly, trafficking victims face enormous pressure not to engage the criminal justice system and serious negative consequences if they do choose to seek help.3 These challenges are significant but not insurmountable. Prosecutors and allied professionals can employ strategies to enhance the willingness of victims to participate in the prosecution of their traffickers and to enhance the success of the trafficking prosecution even without their participation. When victims do not participate, however, preparing and litigating forfeiture by wrongdoing motions is critical to the successful prosecution of these cases. Several key investigative and prosecution strategies are discussed below.