Woman sentenced to 15 years for human trafficking

An Indian American woman was sentenced to 15 years in prison for human trafficking and using the victims, primarily from India, into forced labor.

Sharmistha Barai, 40, formerly of Stockton, Calif., was sentenced Friday, Oct. 2 to 15 years and eight months in prison for forced labor violations.

On March 14, 2019, after an 11-day trial, a federal jury found Barai and her husband Satish Kartan guilty of conspiracy to obtain forced labor and two counts of obtaining forced labor. Kartan is scheduled to be sentenced on Oct. 22.

“The United States abolished slavery and involuntary servitude more than 150 years ago,” said Assistant Attorney General Eric Dreiband. “Yet, inhuman forced labor and deprivations of liberty and dignity persist because human traffickers are modern-day slave masters who endeavor to exploit their fellow human beings for profit and other gruesome purposes. 

"The defendant’s role in this scheme to compel the victims into servitude for up to 18 hours a day, with minimal pay, through intimidation, threats, and violence, is an unconscionable violation of the victims’ individual rights, freedom, and dignity," said Dreiband.

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 about the wages and conditions of employment. 

Once the workers arrived at the defendants’ Stockton residence, Kartan and Barai forced them to work up to 18 hours a day limited rest and nourishment. Few of them were paid any wage. The defendants kept the domestic workers from leaving and coerced them to continue working by threatening them, by creating an atmosphere of fear, control, and disempowerment, and at times by physically hitting or burning them. When a victim resisted or expressed a desire to leave, the threats and abuse became worse.

“One by one the victims told their stories of the brutality they experienced: long hours of labor, inadequate food, and physical assault. Today’s sentence sends a clear message to others that systematic brutality against vulnerable victims will not be tolerated,” said U.S. Attorney McGregor W. Scott of the Eastern District of California.

Couple found guilty of trafficking victims from India and Nepal

ILLUSTRATION

An Indian American couple from Stockton has been found guilty to the charges of forced labor of workers from India and Nepal.
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. 

Satish Kartan, 45, and his wife Sharmistha Barai, 45, took advantage of overseas workers, forcing them to work without pay, physically abusing them and threatening them of negative repercussions if they tried to leave, Assistant Attorney General Eric Dreiband said.

“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."

Human trafficking victims flew from India and Nepal to testify against the couple.

During the trial, it was revealed that 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, the couple forced them to work 18 hours a day with limited rest and nourishment. Few of them were paid any wages. 

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.

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. 

“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.”

_____________________________________________________________________________