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Date: 03-31-2022
Case Style:
Case Number: 3:21-cr-00071-MCR
Judge: 2:20-cr-00050-LGW-BWC
Court: United States District Court for the Southern District of Georgia (Glynn County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney: Ronald E. Harrison, II for Aurelio Median
Mario Pacella for Yordon Velazquez Victoria
Description: Brunswick, Georgia criminal defense lawyer represented defendant charged with providing force labor.
Javier Sanchez Mendoza Jr., 24, of Jesup, Ga., Aurelio Medina, 42, of Brunswick, and Yordon Velazquez Victoria, 45, of Brunswick,
“These men engaged in facilitating modern-day slavery,” said U.S. Attorney Estes. “Our law enforcement partners have exposed an underworld of human trafficking, and we will continue to identify and bring to justice those who would exploit others whose labors provide the fuel for their greed.”
The cases were charged as part of the Organized Crime Drug Enforcement Task Force investigation, Operation Blooming Onion, which tracked a wide-ranging conspiracy to bring farm workers from Central America into the United States under the H-2A visa program under fraudulent pretenses and to profit from their labor by underpaying the workers and keeping them in substandard conditions. The case has been designated as a Priority Transnational Organized Crime Case under the OCDETF program.
As described in court documents and testimony, Mendoza admitted that from about August 2018 to November 2019, in Glynn, Wayne, and Pierce counties, he was a leader in a venture to obtain and provide labor and services for farms and other businesses. He did so by recruiting and unlawfully charging more than 500 Central American citizens to obtain H-2A visas – specifically granted for temporary agricultural labor – and then withholding the workers’ identification papers and threatening them and their families in their home countries to force them to work for little or no pay and in deplorable conditions.
A key victim testified during sentencing that Mendoza selected her from another work crew after her arrival in Georgia from Mexico and brought her to live with him, maintaining control through threats and intimidation and raping her repeatedly for more than a year – including deceiving her into believing she had married him. When she escaped, he kidnapped her at knifepoint from a home where she was babysitting children who were playing in their front yard. Law enforcement agencies tracked her to Mendoza’s Jesup mobile home, where after her rescue the officers found a shrine to Santa Muerte – “Saint Death” – decorated with her hair and blood in what was believed to be a prelude to her murder. Mendoza faces pending state charges for aggravated assault related to that incident.
Medina admitted that from about April to October 2020, in Glynn and Effingham counties, he charged foreign workers to obtain H-2A visas and then withheld their identification documents. Victoria, a naturalized U.S. citizen, admitted he conspired with Medina and allowed Medina to use his name to apply for the use of H-2A workers, and then transported those workers from housing to work for which Victoria was paid $600 per week.
The investigation into forced labor in agricultural communities, in south Georgia and beyond, continues through U.S.A. v. Patricio et al, in which 23 defendants are charged in the labor trafficking, visa fraud and money laundering conspiracy. The defendants are awaiting trial and are presumed innocent unless and until proven guilty. Two of those defendants are fugitives.
“These defendants are being held accountable for the horrors of human and labor trafficking that they inflicted upon their victims, in the name of profit,” said Special Agent in Charge Katrina Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Thanks to the great work done by our agents, along with our state, local and federal partners, this case was successfully investigated and prosecuted preventing more innocent people from being victimized.”
“Customs and Border Protection takes great pride in fostering collaboration with our partner government agencies to diligently combat human trafficking and forced labor as part of our overall duties and responsibilities in protecting and preserving our national security,” said Henry DeBlock III, Area Port Director for CBP Savannah.
“This sentencing sends a strong message: DSS pursues those who fraudulently use worker visas, like the H-2A, for personal gain, making sure that those who commit human trafficking face consequences for their criminal actions,” said Jessica Moore, chief of the criminal investigations division of the U.S. Department of State’s Diplomatic Security Service (DSS). “We are firmly committed to working to prevent situations where vulnerable individuals are exploited in human trafficking schemes such as this. DSS’ global presence and strong relationship with the U.S. Attorney’s Office and other law enforcement partners was essential in the pursuit of justice for these victims.”
“Mendoza, Medina and Victoria misused the H-2A program in order to enrich themselves at the expense of foreign workers and American employers,” said Mathew Broadhurst, Acting Special Agent-in-Charge, Atlanta Region, U.S. Department of Labor Office of Inspector General. “We will continue to work with our law enforcement partners and the U.S. Department of Labor’s Wage and Hour Division to vigorously pursue those who commit fraud involving foreign labor programs.”
“The United States abolished slavery and involuntary servitude over 156 years ago, yet these men engaged in the heinous crime of forced labor and chose to exploit their fellow human beings for profit,” said Philip Wislar, Acting Special Agent in Charge of FBI Atlanta. “The FBI is committed to working with our partners to purse justice on behalf of victims of human trafficking and prosecuting perpetrators to the fullest extent of the law.”
“This investigation is an excellent example of a partnership between federal, state and local law-enforcement agencies working together to bring down individuals involved in a human trafficking conspiracy,” said Tommy D. Coke, Inspector in Charge of the Atlanta Division. “The hard work and countless hours put forth by all has prevented so many victims from being further victimized by the defendants who have caused considerable emotional harm.”
The cases are being investigated as part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.
Agencies investigating the cases include Homeland Security Investigations; Customs and Border Protection; U.S. Citizenship and Immigration Services, Fraud Detection and National Security; the U.S. Department of Labor Office of Inspector General, and Wage and Hour Division; U.S. Department of State’s Diplomatic Security Service; the U.S. Postal Inspection Service; and the FBI. The cases are being prosecuted for the United States by Assistant U.S. Attorney and Human Trafficking Coordinator Tania D. Groover, and Assistant U.S. Attorney and Criminal Division Deputy Chief E. Greg Gilluly Jr.
18 U.S.C. § 1594(b) Conspiracy to Engage in Forced Labor
(1)
18 U.S.C. § 1592(a) Unlawful Conduct with Respect to Documents in Furtherance of Forced Labor
(6-9)
18 U.S.C. § 1589(b) Forced Labor
(a) Whoever knowingly provides or obtains the labor or services of a person by any one of, or by any combination of, the following means—
(1) by means of force, threats of force, physical restraint, or threats of physical restraint to that person or another person;
(2) by means of serious harm or threats of serious harm to that person or another person;
(3) by means of the abuse or threatened abuse of law or legal process; or
(4) by means of any scheme, plan, or pattern intended to cause the person to believe that, if that person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint,
shall be punished as provided under subsection (d).
(b) Whoever knowingly benefits, financially or by receiving anything of value, from participation in a venture which has engaged in the providing or obtaining of labor or services by any of the means described in subsection (a), knowing or in reckless disregard of the fact that the venture has engaged in the providing or obtaining of labor or services by any of such means, shall be punished as provided in subsection (d).
(c) In this section:
(1) The term “abuse or threatened abuse of law or legal process” means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.
(2) The term “serious harm” means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm.
(d) Whoever violates this section shall be fined under this title, imprisoned not more than 20 years, or both. If death results from a violation of this section, or if the violation includes kidnaping, an attempt to kidnap, aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title, imprisoned for any term of years or life, or both.
(2-5)
Outcome: Javier Sanchez Mendoza Jr. was sentenced to 360 months in federal prison; Aurelio Medina, 42, was sentenced to 64 months in prison; and Yordon Velazquez Victoria was sentenced to 15 months in prison.
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