The Trial Lawyer Fall 2022 | Page 76

Trafficking does not exist in a vacuum . Traffickers require other businesses for support , such as payment networks . It was in this vein that Judge Carney wrote the following words :
“ When MindGeek decides to monetize child porn , and Visa decides to continue to allow its payment network to be used for that goal despite knowledge of MindGeek ’ s monetization of child porn , it is entirely foreseeable that victims of child porn like plaintiff will suffer the harms that plaintiff alleges .”
Prosecutors Charge Girlsdoporn Operators On Basis Of Lies , Fraud , And Coercion
Of equal significance for sex trafficking survivors , the recent criminal prosecution of adult website operators for GirlsDoPorn and GirlsDoToys offers a closer look at fraud and coercion in civil sex trafficking cases .
On July 26 , the U . S . Attorney ’ s Office for the Southern District of California announced that adult website operator Matthew Isaac Wolfe had pleaded guilty to conspiring to fraudulently coerce young women to appear in sex videos on the GirlsDoPorn and GirlsDoToys websites . Specifically , Wolfe , the fourth defendant to plead guilty in connection with the case , pleaded guilty to Conspiracy to Commit Sex Trafficking by Force , Fraud and Coercion , in violation of 18 U . S . C . § 1594 .
Phelps thinks these guilty pleas carry an important message for survivors of this and other sex trafficking cases who seek to recover damages from these types of websites .
“ The coercion and fraud are what ’ s important for future civil and criminal cases ,” Phelps said .
Understanding The Legal Term “ Severe Form Of Human Trafficking ”
“ The fact that they criminally prosecuted this case when they didn ’ t have women chained up and held in cages is important because it goes to show you could have chains on your mind that are forcing you to do things with your body . That ’ s the important part about this case ,” Phelps said .
“ Severe form of human trafficking ” is the U . S . legal term used to describe the criminal offense of a commercial sex act being induced by force , fraud , or coercion , or when the victim is a minor . According to Phelps , evidence is readily available when there is physical force or the victims are minors , whereas fraud and coercion can be difficult to demonstrate , as the means are less visible , but often more corrupt .
Still , in the GirlsDoPorn and GirlsDoToys cases , Wolfe and the other defendants were prosecuted — for lies , fraud , and coercion .
“ Criminal prosecutions for fraud and coercion are important to civil cases because they illustrate that chains on a victim ’ s mind can coerce them into sex acts . There are lies and threats that are creating reliance along with real fear . When this happens , victims are pressured to comply and will , unfortunately , suffer devastating consequences such as addictions , PTSD , further traumas , and even early death .” Phelps said .
Wolfe ’ s Lies Tell A Story Of Severe Human Trafficking
According to the Department of Justice ’ s ( DOJ ) press release , Wolfe filmed and uploaded videos , as well as oversaw the company ’ s financial books , and operated promotional aspects of the business . “ Wolfe lied to and preyed on vulnerable young women , subjecting them to years of relentless harassment , fear , and mental anguish ,” Stacey Moy , special agent in charge of the FBI San Diego Field Office , stated in the press release .
The company is accused of recruiting and targeting 18- to 20-year-old women with Craigslist advertisements seeking models , using fake websites and emails they advertised for clothed modeling jobs , but preyed upon multiple victims with the ads . Once the women showed up for their “ modeling ” jobs , they were lied to , told their videos would not be posted online or released in the U . S ., and that nobody who knew the women would know about the videos . On the contrary , Wolfe knew the videos were exclusively marketed and distributed on the Internet . He also knew that some women ’ s personal identifying information and social media accounts were posted on pornwikileaks . com , a site controlled by GirlsDoPorn owner Michael Pratt . As a result , these victims suffered severe harassment .
Where Liability Enters The Picture
Phelps explained that videos appearing on adult websites from production companies like GirlsDoPorn that are known to use threats , fraud ,
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