SACRAMENTO, Calif. — After an 11-day trial, a federal jury
found Satish Kartan, 45, and his wife, Sharmistha Barai, 40, guilty on March 14
of conspiracy to obtain forced labor and two counts of obtaining forced labor.
In addition, Kartan was found guilty of fraud in foreign labor contracting.
Assistant Attorney General Eric Dreiband for the Department of Justice’s Civil
Rights Division, U.S. Attorney McGregor W. Scott, Matthew Perlman, Special
Agent in Charge of the of the Diplomatic Security Service San Francisco Field
Office, Sean Ragan, Special Agent in Charge of the Sacramento FBI Field Office,
and Ryan L. Spradlin, the Special Agent in Charge for Homeland Security
Investigations in Northern California made the announcement.
“Human trafficking is a disgraceful and unacceptable crime.
The defendants in this case took advantage of overseas workers, forcing them to
work without pay, physically abusing them, and threatening negative
repercussions if they tried to leave,” said Assistant Attorney General Eric
Dreiband. "The Justice Department will continue to investigate and
vigorously prosecute human traffickers in order to bring justice to victims.”
“These defendants exploited one victim after another, using
them to labor in their home, failing to pay wages and depriving them of basic
human rights,” said U.S. Attorney Scott. “The U.S. Attorney’s Office continues
its commitment to protect and defend vulnerable members of our society from
human trafficking.”
“The Diplomatic Security Service will continue to pursue
those who abuse domestic worker visas to manipulate and exploit their employees
for personal gain," said Matthew Perlman, Special Agent in Charge of the
of the Diplomatic Security Service San Francisco Field Office. "DSS’s
strong relationship with our law enforcement partners and the U.S. Attorney’s
Office for the Eastern District of California continues to be essential in the
pursuit of justice.”
“Kartan and Barai did not simply fail to pay victims for
their work,” said Sean Ragan, Special Agent in Charge of the Sacramento FBI
Field Office. “They deprived them of their dignity and robbed them of their
federally protected civil rights. The FBI will work with partner agencies to
protect victims of human trafficking wherever that crime occurs.”
“Millions of people worldwide are affected by this type of
forced labor and human trafficking,” said Ryan L. Spradlin, the Special Agent
in Charge for Homeland Security Investigations in Northern California. “This
case is a testament of the dedication of HSI and our law enforcement partners.
We are committed to working together to eradicate these deplorable crimes from
our community.”
According to court documents and evidence presented at
trial, between February 2014 and October 2016, Kartan and Barai hired workers
from overseas to perform domestic labor in their home in Stockton. In
advertisements seeking workers on the internet and India-based newspapers, the
defendants made false claims regarding the wages and the duties of employment.
Then, once the workers arrived at the defendants’ Stockton residence, Kartan
and Barai forced them to work 18 hours a day with limited rest and nourishment.
Few of them were paid any wage. The defendants kept their domestic workers from
leaving and induced them to keep working for them by threatening them, by
creating an atmosphere of fear, control, and disempowerment, and at times by
physically hitting or burning them. When a victim pushed back or said she
wanted to leave, it got worse.
Victims flew from India and Nepal to testify. According to
evidence presented at trial, the defendants struck one worker on multiple
occasions. Barai threatened to kill her and throw her bones in the garbage,
backhanded her across the face for talking back, and slammed her hands down on
a gas stove, causing her to suffer first and second degree burns on her hands
from the flames. The defendants also threatened several other victims to coerce
them to keep working, including by telling the victims they would report them
to police or immigration authorities if they tried to leave. Throughout the
victims’ time in the defendants’ home, they were deprived of sleep and food.
The defendants subjected the victims to verbal abuse and harassment in an
effort to intimidate them into continuing to provide labor and services.
Kartan and Barai are scheduled to be sentenced on June 6.
Each defendant faces a maximum statutory penalty of 20 years in prison and a
$250,000 fine. The actual sentence, however, will be determined at the
discretion of the court after consideration of any applicable statutory factors
and the Federal Sentencing Guidelines, which take into account a number of
variables.
This case is the product of an investigation by Homeland
Security Investigations (HSI), the FBI, and the State Department’s Diplomatic
Security Service. The Stockton Police Department provided the initial
investigation and later assistance with victim services. Assistant U.S.
Attorneys Jason Hitt and Katherine Lydon are prosecuting the case with the
assistance of the Civil Rights Division’s Human Trafficking Prosecution Unit.
The Eastern District of California (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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