Satish Kartan, 43, and his wife, Sharmistha Barai, 38, of
Stockton, California, were indicted by a grand jury today for forced labor and
conspiracy to commit forced labor.
Kartan was also charged with fraud in contacting foreign labor and Barai
was also charged with benefiting from forced labor.
Principal Deputy Assistant Attorney General Vanita Gupta,
head of the Justice Department’s Civil Rights Division, and Acting U.S.
Attorney Phillip A. Talbert of the Eastern District of California announced the
indictment.
According to court documents, between Feb. 21, 2014, and
Oct. 3, 2016, Kartan and Barai hired workers from overseas to perform domestic
labor in their homes in Albuquerque, New Mexico; Stockton and elsewhere in the
United States. In advertisements seeking
workers on the internet and India-based newspapers, the defendants made false
claims regarding the wages and the duties of employment. Once the workers arrived at the defendants’
residences, Kartan and Barai forced them to work 18 hours a day with limited
rest and nourishment. The defendants did
not pay wages and used force, physical restraint and coercive conduct to get
the workers to perform the labor and services.
The indictment alleges that Kartan and Barai struck one
worker on multiple occasions, including one incident where Kartan grabbed her
hands and caused them to be burned over the flames of a gas stove. Moreover, the indictment alleges that the
defendants failed to pay another worker and told her that they would call the
police if she tried to leave. When she
was ultimately able to arrange to be picked up from the defendants’ house,
Kartan refused to provide her with the access code to the gated community so
that her ride could enter.
On Oct. 21, 2016, Kartan and Barai were arrested on a
criminal complaint and were released on bond with special conditions that
prohibit them from hiring any nonrelatives to perform domestic services or
child care work for them. The defendants
are also prohibited from directly or indirectly contacting any of their prior
domestic workers. Kartan and Barai are
scheduled to be arraigned on Nov. 21, 2016.
If convicted, each defendant faces a maximum sentence of 20
years in prison and a $250,000 fine. An
indictment is merely an allegation and the defendants are presumed innocent
unless and until proven guilty beyond a reasonable doubt in a court of law.
This case is the product of an investigation by the U.S.
Immigration and Customs Enforcement’s Homeland Security Investigations, the
FBI, the State Department’s Diplomatic Security Service and the Stockton Police
Department. Special Assistant U.S.
Attorney Josh Sigal and Assistant U.S. Attorney Nirav Desai of the Eastern
District of California are prosecuting the case, with the assistance of the
Civil Rights Division’s Human Trafficking Prosecution Unit.
Sacramento is one of six districts designated through a
competitive, nationwide selection process as a Phase II Anti-Trafficking
Coordination Team, through the interagency ACTeam Initiative of the Departments
of Justice, Homeland Security and Labor.
ACTeams focus on developing high-impact human trafficking investigations
and prosecutions involving forced labor, international sex trafficking and sex
trafficking by force, fraud or coercion through interagency collaboration among
federal prosecutors and federal investigative agencies.
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