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CASE NAME:United States v. Kyongja Kang
ALL PLAINTIFFS:United States
ALL DEFENDANTS:Kyongja Kang (aka Kyong Ja Kang), Wun Hee Kang, Nisim Yushuvayev, Myung Hee Kim, Hyun Goo Kang, Byungki Koo, Sung Mo Kang
CITATION:
DOCKET NUMBER:04-CR-87
SOURCE:Bloomberg, Lexis Search, PACER (docket review)
TYPE OF CASE:Criminal
RELATED CASE CITATION:Yusuvayev v. United States, No. 07-CV-1338 (E.D.N.Y. Jan. 18, 2008), 532 F. Supp. 2d 455.
TYPE OF TRIAL:Jury
TRIAL JUDGE(S):Leo Glasser
YEAR OF ARREST:2004
YEAR OF VERDICT:2005
TYPE OF COURT:Federal
STATE:New York
FEDERAL DISTRICT:Eastern District Court
STATE COUNTY:
AGE OF VICTIM(S):Adult
NUMBER OF VICTIMS:2 +
GENDER OF VICTIM(S):Female
VICTIM'S COUNTRY OF ORIGIN:South Korea
METHOD OF ENTRY INTO THE U.S.:
WAS VICTIM CHARGED WITH A CRIME:
NUMBER OF DEFENDANT(S):7
GENDER OF DEFENDANT(S):Female and Male
TYPE OF INDUSTRY:Labor and Sex
CASE CATEGORIZATION:Commercial Sexual Exploitation/Prostitution, Restaurant/Bar Industry
FIRST CHARGE:Conspiracy to Commit Forced Labor
FIRST CHARGE US/STATE CODE CITATION:18 U.S.C. § 1589
FIRST CHARGE VERDICT/PLEA:Dismissed
FIRST CHARGE SENTENCE:120 months + 3 years supervised release, $100 special assessment, $85,976 restitution
SECOND CHARGE:Trafficking
SECOND CHARGE US/STATE CODE CITATION:18 U.S.C. § 1590, § 1594(a), 2 and § 3551
SECOND CHARGE VERDICT/PLEA:Dismissed
SECOND CHARGE SENTENCE:
THIRD CHARGE:Bringing in and harboring aliens
THIRD CHARGE US/STATE CODE CITATION:18 U.S.C. § 1324(a)(1)(A)(iii) et. seq
THIRD CHARGE VERDICT/PLEA:Guilty Plea
THIRD CHARGE SENTENCE:33 months + 3 years supervised release + $100 special assessment
FOURTH CHARGE:Forced labor
FOURTH CHARGE US/STATE CODE CITATION:18 U.S.C. § 1589, § 1594(a)
FOURTH CHARGE VERDICT/PLEA:Guilty Plea
FOURTH CHARGE SENTENCE:120 months + 3 years supervised release, $100 special assessment, $85,976 restitution
FIFTH CHARGE:Peonage
FIFTH CHARGE US/STATE CODE CITATION:18 U.S.C. 1581(a)
FIFTH CHARGE VERDICT/PLEA:Dismissed
FIFTH CHARGE SENTENCE:
CORE TERMS:Other charges include: conspiracy against rights, 18 U.S.C. § 241 and § 3551; deprivation of rights under color of law, 18 U.S.C. § 242 and § 3551; obstructing enforcement of peonage statute, 18 U.S.C. § 1581(b); conspiracy to obstruct justice, 18 U.S.C. § 1512(l) and § 3551; coercion or enticement of a female, 48 months + $100 special assessment
SENTENCING OPINION CITATION:
LENGTH OF GREATEST SENTENCE:120 months
RESTITUTION REQUIRED:$85,976
FINE IMPOSED:$100 special assessment for each guilty-plea charge.
FORFEITURE IMPOSED:At least two homes of defendants.
FIRST CLAIM:
FIRST CLAIM US/STATE CODE CITATION:
FIRST CLAIM RESULT:
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:
SECOND CLAIM US/STATE CODE CITATION:
SECOND CLAIM RESULT:
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:
THIRD CLAIM US/STATE CODE CITATION:
THIRD CLAIM RESULT:
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:
FOURTH CLAIM US/STATE CODE CITATION:
FOURTH CLAIM RESULT:
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:
FIFTH CLAIM US/STATE CODE CITATION:
FIFTH CLAIM RESULT:
DAMAGES AWARDED FOR FIFTH CLAIM:
SIXTH CLAIM:
SIXTH CLAIM US/STATE CODE CITATION:
SIXTH CLAIM RESULT:
DAMAGES AWARDED FOR SIXTH CLAIM:
TOTAL AWARD:
APPEAL:Yes
EXPLANATION OF APPEAL:Appealed Conviction
APPELLATE OPINION CITATION:532 F. Supp. 2d 445, 2008 U.S. Dist. LEXIS 3992
HOLDING OF APPEALS COURT:Deny
APPEAL STILL PENDING?:
SUMMARY:Husband and wife defendants Wun Hee Kang and Kyongja Kang owned nail salons and a bar called Renaissance in Queens, New York. They convinced young women from South Korea to come to the US to work for them, based on promises of a $40/day wage, plus tips. When the women arrived in the United States, they were brought to a house in Flushing and forced to give over their passports and other travel documents. They were also forced to sign a promissory note, promising to pay back $20,000 to the Kangs for their smuggling. The women worked at Renaissance 6 days a week, in approximately 6.5 hour shifts—for $30/day, not the promised $40/day. Furthermore, they were required to turn over all their wages and tips over to the Kangs in repayment of their $20,000 smuggling debt. The women were told that they were not paying off their debt quickly enough, and should start having sex with clients to make more money, as the other workers did. When they refused, the women were threated with violence. Mr. Kang also raped them, beat them, and locked them up in a basement during this time. In September of 2003, one victim left the house in Flushing and went to a police station to report what was happening. The police came and interviewed the Kangs, who denied any wrongdoing. The Defendants then sought out Defendant Yushuvayev, an Inspector for Customs and Border Protection, and Defendant Koo, an Air Marshall for the US, to help them “deport” the cooperating witnesses. Yushuvayev impersonated an INS agent and attempted to force one of the cooperating victims to board an airplane back to South Korea—she became suspicious and escaped from him.
Approval Status:Approved
Approver Comments:
            
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