Sex Trafficking — sufficiency of the evidence — interstate commerce

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U.S. Court of Appeals for the 7th Circuit

Criminal

Sex Trafficking — sufficiency of the evidence — interstate commerce

Where the defendant used an interstate legitimate business as a front for criminal activity, the evidence was sufficient to satisfy the interstate commerce element.

“As noted above, the Government presented evidence that the Day and Night Spa advertised online, purchased supplies and promotional materials from out-of-state, ordered satellite television, internet and telephone service from out-of-state companies, and employed workers from out-of-state. Cf. Clausen, 328 F.3d at 712 (stating that a similar spa is a ‘good example of a commercial establishment “in” interstate commerce’ for the purposes of the Hobbs Act). Although Campbell operated the Day and Night Spa as a ‘clean’ spa where prostitution did not occur, the jury could reasonably find that the Day and Night Spa was an integral part of Campbell’s overall massage and prostitution business, which encompassed several related spas. The jury could reasonably find that the Day and Night Spa provided a cover for the money Campbell received illicitly through prostitution, and a source of legitimate masseuses Campbell could use when he feared law enforcement was investigating the other spas. The jury also could reasonably find that Campbell used the Day and Night Spa as a recruitment tool for convincing prospective Family members that they would not be required to perform ‘extras’, and instead would perform massages in a prostitution-free workplace. We find that, viewing the evidence in the light most favorable to the Government, all of the above evidence, in combination, is sufficient to satisfy the interstate commerce element of the TVPA.”

Affirmed.

12-3724 U.S. v. Campbell

Appeal from the United States District Court for the Northern District of Illinois, Gettleman, J., Tinder, J.