Remedies for Trafficking Victims: Mandatory Criminal Restitution for Victims

Restitution is mandatory for trafficking victims under 18 USC §1593. “Remedies for Trafficking Victims: Mandatory Criminal Restitution for Victims,” Part II in a two-part series, provides guidance on victim-witness representation in criminal sex and labor trafficking cases. The training draws from an extensive analysis of federal trafficking indictments conducted jointly by The Human Trafficking Pro Bono Legal Center and a pro bono firm, WilmerHale.

This case-based training provides case-based guidance on maximizing criminal restitution for trafficking victims in federal criminal proceedings. The training reviews methods of calculating restitution, best practices for working with federal prosecutors on restitution, recent amendments to federal laws on restitution, and collection of federal restitution. The training also flags ancillary issues that counsel must consider in obtaining restitution for a client, including tax consequences, client safety, financial management, and remittances abroad.

This content supplements the material presented in Session I, which covers civil litigation on behalf of trafficking victims.

Learning Objectives:

I.     Identify the federal laws on restitution for trafficking victims

II.    Comprehend effective methods of cooperation with federal prosecutors on restitution issues

III.   Master the facts and theories behind the leading trafficking restitution cases

IV.   Grasp the use of expert witnesses in obtaining restitution

V.    Understand the following:

• methods to minimize re-traumatization of victim-witnesses in the awarding of restitution
• the role of victim-witness counsel
• the timing of restitution requests and negotiations
• the interplay between restitution and plea agreements
• the interplay between forfeiture and restitution, including recent amendments to federal law
• restitution pre-payment and other options for collection
• the role of the U.S. Attorney’s Office Financial Litigation Unit
• the federal government’s collection powers
• the tax implications of restitution and the economic and social pressures on clients after receiving restitution