Victims of Trafficking and Violence Protection Act of 2000

My work combating sex trafficking goes back to my days as First Lady.

I worked to pass the first federal legislation against trafficking and was proud that my husband signed the Trafficking Victims Protection Act, which increased support for survivors and gave prosecutors better tools for going after traffickers.

As Secretary of State, I appointed a former federal prosecutor, Luis de Baca, to ramp up our global anti-trafficking efforts.

I oversaw nearly 170 anti-trafficking programs in 70 nations and directly pressed foreign leaders to crack down on trafficking networks in their countries.

My work combating sex trafficking goes back to my days as First Lady.

I worked to pass the first federal legislation against trafficking and was proud that my husband signed the Trafficking Victims Protection Act, which increased support for survivors and gave prosecutors better tools for going after traffickers.

As Secretary of State, I appointed a former federal prosecutor, Louis DeBaca, to ramp up our global anti-trafficking efforts.

I oversaw nearly 170 anti-trafficking programs in 70 nations and directly pressed foreign leaders to crack down on trafficking networks in their countries.

2.

Identification and contribution claims are permissible under the TVPA.

The New York legislature established the statutory right of contribution that, by its plain language, encompasses JPMC's TVPA claim against Daley.

New York permits contribution where two parties are subject to potential liability for damages for the same personal injury, injury to property, or wrongful death.

See NYCPLR Section 1401.

JPMC's contribution claims based on the TVPA fall squarely within that language, and the New York Common Law similarly recognizes its identification claim.

Staley fails to cite any case holding that the TVPA forecloses identification or contribution claims, nor could he.

The sole authority squarely on point holds just the opposite, under analogous Pennsylvania state law.

The straightforward third-party complaint thus preserves JPMC's ability to do exactly what Rule 14 entitles it to do, hold a non-party who is or who may be liable for all or part of the claim against JPMC responsible.

Staley's effort to seek effective immunity from these claims, whether under the TVPA or as a result of JPMC's generic identification of its officers and directors, should be rejected.

Nothing about the TVPA's objective to ensure punishment of traffickers supports the idea that Congress impliedly preempted third parties who may be found negligent in providing services to sex traffickers from seeking to hold the direct perpetrators responsible.

even if their purposeful actions were hidden from detection.

HR Representative No. 108 through 264-2003 at 2.

The background.

Plaintiffs Jane Doe One and the United States Virgin Islands, Doe and the USVI respectively, brought separate allegations and actions against JPMC, knowingly benefited from a sex trafficking venture maintained by Jeffrey Epstein, for whom JPMC provided routine banking services until it severed its relationship with him in 2013.

Doe and the putative class assert cause of action against JPMC for knowingly benefiting from sex trafficking under the Federal Sex Trafficking Victims Protection Act, TVPA, and obstructing enforcement of the TVPA, as well as negligence under New York law.

Staley filled his end of the bargain, establishing a close relationship with Epstein.

In 2009 and 2010, after Epstein pled guilty to conduct that is child sex trafficking under the TVPA, Staley's JP Morgan email account, in full view of JP Morgan, shows multiple emails with Epstein discussing visits to Epstein's residences, including in the Virgin Islands, women who they referred to by the names of Disney princesses that Epstein procured for Staley, discussions of sex with young women, and photos of young women in suggestive poses.

In 2011, following additional news stories about Epstein's human trafficking, J.P. Morgan's investigation extraordinarily consisted of asking Staley to discuss those reports with Epstein.

This unlawful conduct and furtherance of the trafficking enterprise unlawful purpose constitutes association with and participation in the enterprise by J.P. Morgan.

Two, predicate criminal activity.

Under SECO, criminal activity includes conduct violating any federal criminal law, the violations of which is a felony.

This includes the TVPA and the BSA.

The government claims that JP Morgan violated the TVPA On the grounds discussed above, JPMorgan repeats by reference its arguments on the TVPA as grounds for dismissing the government's TVPA-based SECO claim.

Far from the so-called ordinary banking services JPMorgan claims it provided to Epstein, JPMorgan broke every rule to facilitate Epstein's sex trafficking and feed off his wealth and his connections.

In 2008, after Epstein pled guilty to felony charges for procuring a child for prostitution, conduct that is child sex trafficking under the TVPA.

The expectation was that J.P. Morgan would cut ties with, or at a minimum, closely monitor the convicted felon and registered sex offender.

It did neither.

JPMorgan tries to shift the blame for its participation onto the government, contending that the government had access to the same information on Epstein that JPMorgan did.

This belies both facts, ignoring the allegations detailing Epstein's redacted.

The TVPA establishes liability for those who participate in human trafficking, and JPMorgan's efforts at misdirection do not alter its legal responsibility for its own conduct and the profound consequences for the dozens of women whose trafficking was uniquely visible to and made possible by his bank.

Unlike the government, J.P. Morgan had real-time knowledge of millions of dollars of payments Epstein was making to young women who were his victims and recruiters, which had no conceivable relationship to Epstein's stated business interests.

Choice Hotels International 473 SUPP 3D 147 154 EDNY 2020.

See motion at 12 and 13 for the proposition that knowledge or willful blindness of a general sex trafficking problem does not satisfy the mens rea requirements of the TVPA.

This is in opposite because the government alleges that JP Morgan had general knowledge of trafficking, but that it had knowledge of the specific sex trafficking venture.

Epstein was operating through the foregoing evidence that was uniquely in its sights.

Section 1595D applies to a defendant whose conduct violated Section 1591, a criminal prohibition enacted in 2000.

See Victims of Trafficking and Violence Protection Act of 2000.

This conduct was also a basis for civil liability in 2003.

See Trafficking Victims Protection Reauthorization Act of 2003.