It’s alleged that a young man named Mr. Claussen had over 300 tabs of synthetic LSD, identified as 25i-NBOMe, in his house and was selling them through a network of teenage friends.  One of them gave two tabs to his friend, Tara Fitzgerald.  Tara invited a different friend to spend the night at Tara’s home.  Both took a tab of the LSD, which they called “n-bombs.”  Unfortunately, the drug caused a heart attack (as it has been known to do in humans) in Tara and she died. By investigating back along the distribution chain of sales and giveaways, the police were able to identify two adults and five teenagers who had played some part in getting the synthetic LSD into Tara Fitzgerald’s hands, including Mr. Claussen. Usually, in a murder case, the prosecutor must prove beyond a reasonable doubt that an individual knew they would kill the victim and intended to do so.  Classic case:  two guys are fighting.  One pulls out a gun and fires it at the other. The shooter knows the bullet can kill and he intends to kill the other guy by using the gun.  In addition, if more people are involved in the killing any one who helps the shooter, in any way, can also be convicted of murder as an accomplice.  However, they must also intend that their help would kill the victim. The Tara Fitzgerald death is completely different.  In the past, the prosecutor would have a difficult, if not impossible, task of convincing a jury that anyone in the group intended to kill Tara.  Therefore, how could any of them be held responsible and be found guilty? But Mr. Orput has a new weapon:  the Minnesota legislature changed the homicide statutes to include Murder in the 3rd Degree which reads: Whoever, without intent to cause death, proximately of a human being by directly, indirectly, selling, or giving away an illegal controlled substance is guilty of murder in the third degree. This applies to the drug crimes committed by the juveniles (allegedly) but it goes beyond possession or the sale of illegal drugs.  Notice that, unlike most criminal laws, this does not require the prosecutor to prove anyone intended their actions would kill Fitzgerald.  It also includes anyone who indirectly sells or gives away drugs to a victim.  Obviously, the teen who gave the synthetic LSD directly to Fitzgerald would be guilty, but also all the others in the chain of sales and trades could be found guilty also. What a tragedy for so many young people.  The prosecutor has stated he’s moving forward in this fashion “to send a message” to young people who think that just because they don’t directly sell drugs to a victim, they aren’t responsible for the results.  They can be found guilty for much more than simply juvenile drug crimes now.

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With the increased vigilance across the land borders of our country, more smuggling has gone to sea.  Of  course, drugs constitute the largest product for traffickers but shipments of humans are right behind in numbers.  Since 2008, there’s been a fourfold increase in episodes involving smugglers off the coast.  They are traveling further out to sea to avoid law enforcement surveillance, going longer distances up the coast, and are using larger, more powerful boats.  Many of the Coast Guard boats are inadequate to meet the challenge.

So far, only drugs and human cargo have been seized, but the smugglers have so much money they’ve become more sophisticated.  For instance, last year the Coast Guard discovered a cache of fuel drums for refueling attached to buoys fifty miles off the coast.  Some of the boats are so large they can carry up to ten tons of narcotics.

Should we have expected these new routes?

Absolutely.  In research for my new book, Fallout, I discovered that many trafficking operations are set-up specifically to probe our borders, looking for soft spots.  these groups contract with all kinds of people including spies who watch the border crossing spots daily, financial people to bribe border security, lawyers to exploit legal loopholes, and even legitimate business that may be tempted to include an amount of illegal goods in with their legal shipments.  Like mercury, these groups flow around the borders, constantly changing their operations to take advantage of opportunities.  When one hole into the country closes, they move on to a new, vulnerable point.  As a result, many of the trafficking networks are tough to stop.

Should we worry they will become a more serious threat?

Most law enforcement organizations are the traditional, pyramid-style structures.  Because of that and various constitutional and legal restrictions, law enforcement moves slower than the criminals.  And then, there’s funding.  As the profits rise for traffickers and they can invest in bigger and better boats, governments are cutting-back on funding for law enforcement.

Today, the traffickers are able to bring-in drugs and humans.  Tomorrow, the cargo could easily change to terrorists who will wash-up on the beaches of California.

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In federal court in Minneapolis a jury found Mahamud Said Omar guilty of recruiting as many as 20 young Somali men to fight in Somalia.  See the good article by Allie Shah in the StarTribune: http://www.startribune.com/local/minneapolis/174834731.html  The conviction is the result of months of investigation by the FBI and the extradition of Mr. Omar from the Netherlands to stand trial here.  His conviction seems to solve the mystery of why and where over 20 young men went when they disappeared from the Twin Cities several years ago.

One by one, these young men disappeared from their schools, jobs, and homes.  When a few were able to make contact with their families here, they told a chilling story of recruitment to fight in a militia called El Shabab, in Somalia.  What happened?

When the FBI started investigating, they discovered the existence of the militia in Somalia which was fighting against the incursions of Christian forces from surrounding countries.  Apparently, the young  men were recruited to supply soldiers for El Shabab.  The trial of Mr. Omar centered on his efforts to recruit these men and send them through a secret pipeline overseas.

After working for over 30 years in the criminal justice system, here are three points that strike me as interesting:

1.  Although Mr. Omar worked for years as a janitor in a mosque, how was he able to hire not one, but three, very expensive defense lawyers?

2.  In many criminal cases, the accused is so arrogant that they become their own worst enemy.  Mr. Omar had been held in custody in the Netherlands for several months, fighting his extradition to the U.S.  In spite of the fact he knew what awaited him in the U.S. courts and the accusations against him, he still talked extensively to the FBI while in jail.  Those conversations were taped and provided some of the most damaging evidence against him during his trial.

3.  Thanks to the perseverance of several people and agents on the prosecution team, they were able to collect and assemble the evidence in an extremely complex case.  One of the toughest problems they faced was how to organize it all in order for the jury to understand the arcane and twisted trail of money and clues.  The team was successful and convinced the jury of Mr. Omar’s guilt.

I’ve followed the story of the missing young men because my first novel, Reprisal, deals with this mystery and tells the story of international terrorists who have grabbed the young men in order to start a devastating plague.  Although my novel is fiction, real events raise a troubling question that makes my book interesting

Although the conviction of Mr. Omar solves the mystery of what happened to some of the missing boys, many of them are still unaccounted for…what really happened to them and where are they now?

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I have worked in Juvenile Court, as a lawyer, for over 12 years and have represented many young girls who are probably involved in the sex trade.  For a variety of reasons, many girls run from their homes.  On the street they are easy prey for pimps.  Even if the girls are picked-up and sent temporarily to St. Joseph’s Shelter in south Minneapolis, it’s not a locked facility and the girls can run pretty easily.

It’s sad and difficult work for law enforcement to try and protect these girls.  It certainly doesn’t help that a web site advertises how to find them.  The web site defends itself by actually saying they are “providing a service” because law enforcement can track the johns through their emails and purchases on line!

When I started practicing law as a Public Defender, many of my cases involved representing young girls (over 18) charged with prostitution.  Most were lost, not too smart, and desperate.   The johns got off completely.

Since then, both federal and state law in Minnesota have changed all that.  Juvenile prostitutes are now considered victims by law and are not prosecuted.  This may not sound like much, but it’s a big deal because it changes the entire focus of law enforcement.  Many non-governmental groups operate to find these victims and offer them shelter and an escape from the life of a prostitute.

To give you an example of how sad these situations can be, I’ll relate the story of a young, female client I defended years ago.  She was 18, had just arrived in Minneapolis from a rural Minnesota area, and didn’t have much money.  She turned to prostitution.  At that time, they were arrested as “criminals.”  An undercover male cop picked her up in his unmarked car and, as he drove directly to the police station, asked what she was doing.  The girl immediately said she was looking for sex for money.  It took just about the same time to drive her to jail as it did to get the words out of her.

I represented her the next morning in court.  She plead guilty and the judge released her on probation.

The very next morning, the same girl was in court, arrested again for prostitution.  Not only that, she’d been on the same corner, the same undercover cop had picked her up, and he’d taken the same direct route to jail!!

Here’s the ending:  The judge gave her the maximum sentence over my strenuous objections and sent the young girl to the workhouse. Without telling me, he called the workhouse the next day and ordered her released after she’d had some food, a good night’s sleep, and, hopefully, learned something.

Thank goodness, vulnerable juvenile girls are no longer considered criminals.  It’s a huge step forward for everyone.

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One of the main skills of the traffickers is to constantly assess how porous the U.S. border is at different points.  As the opportunities to get in through those vulnerable points change, traffickers react and change their smuggling accordingly.

What’s being done to stop the trafficking of humans?

1.  Federal legislation.  In 2000 federal law was changed to treat the victims not as criminals (prostitutes) but as victims, which they truly are.  It also coordinates federal and state resources to combat traffickers.

2.  Government Agencies.  The Department of Homeland Security works with local law enforcement to stop and/or remove illegal aliens that are trafficking in human beings.

One of the problems with government agencies is their structure and legal limitations.  The trafficking networks are fluid, often temporary, and are not subject to geographical boundaries.  The government agencies are usually set-up in a pyramid structure with chain-of-command and slow decisions-making processes–meaning, it’s difficult for them to respond as quickly as the criminals.  In addition, there are legal limitations on what many of the government agencies and law enforcement can do.  For instance, their jurisdiction to act on problems is limited to the national borders.  The methods they use to investigate and interrogate suspects are all limited by Supreme Court rules.  Of course, the criminal have no such limitations.

3.  Non-governmental organizations.  NGOs.   Probably one of the most effective responses to combating trafficking networks are NGOs.  Unlike government agencies, their structures and lack of legal limitations can match those of the criminal networks more closely.  That’s good.  For instance, in the U.S. the U.S. Conference of Catholic Bishops has subcontracted with over 100 NGOs and nonprofit organizations to help trafficking victims.  Their work leads to exposure of the networks so that governmental agencies may prosecute them.  In a good example of government and NGO cooperation, the U.S. Conference is funded through a five-year contract with the U.S. Department of Health and Human Services at about $33.9 million.

Unfortunately, the NGOs cannot use force or law enforcement techniques in their battle with the criminal networks.  This puts them at a disadvantage, obviously, in many situations.

Although the NGOs don’t advertise it or admit to it, I wonder if they contract with private security firms to help them combat the human traffickers?  After all, the U. S. military has out-sourced many of the security and enforcement responsibilities in war zones to private companies.  Do the NGOs also do the same?

In my new book, Fallout, I have researched these criminal networks and have made them the main focus of the villain’s plot.  If you’re interested in learning more about how they work and the international aspects of their existence, take a look at my book.  It’s available at local bookstores and on Amazon and Barnes & Noble and on e-books.

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