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CASE NAME:United States v. Elnora Calimlim
ALL PLAINTIFFS:United States
ALL DEFENDANTS:Elnora Calimlim, Jefferson N. Calimlim, Jefferson M. Calimlim
CITATION:
DOCKET NUMBER:No. 04 C 0248
SOURCE:Lexis Search, abanet.org
TYPE OF CASE:Criminal
RELATED CASE CITATION:Irma Martinez v. Jefferson N. Calimlim, Elnora M. Calimlim, Jefferson M. Calimlim, Christopher Jack Calimlim, Christina Calimlim, 651 F. Supp. 2d 852 (E.D. Wisc. 2009)
TYPE OF TRIAL:Jury
TRIAL JUDGE(S):Rudolph T. Randa
YEAR OF ARREST:2004
YEAR OF VERDICT:2006
TYPE OF COURT:Federal Court
STATE:Wisconsin
FEDERAL DISTRICT:Eastern District Court
STATE COUNTY:
AGE OF VICTIM(S):Adult
NUMBER OF VICTIMS:1
GENDER OF VICTIM(S):Female
VICTIM'S COUNTRY OF ORIGIN:The Philippines
METHOD OF ENTRY INTO THE U.S.:
WAS VICTIM CHARGED WITH A CRIME:No
NUMBER OF DEFENDANT(S):3
GENDER OF DEFENDANT(S):Female and Male
TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Domestic Servant
FIRST CHARGE:Obtaining and Conspiring to Obtain Forced labor
FIRST CHARGE US/STATE CODE CITATION:18 U.S.C. §371, 18 U.S.C. §1589, 18 U.S.C. §1594
FIRST CHARGE VERDICT/PLEA:Guilty Verdict
FIRST CHARGE SENTENCE:
SECOND CHARGE:Harboring and Conspiring to Harbor an Alien for private financial gain
SECOND CHARGE US/STATE CODE CITATION:8 U.S.C. §1324(a)(1)
SECOND CHARGE VERDICT/PLEA:Guilty Verdict
SECOND CHARGE SENTENCE:
THIRD CHARGE:
THIRD CHARGE US/STATE CODE CITATION:
THIRD CHARGE VERDICT/PLEA:
THIRD CHARGE SENTENCE:
FOURTH CHARGE:
FOURTH CHARGE US/STATE CODE CITATION:
FOURTH CHARGE VERDICT/PLEA:
FOURTH CHARGE SENTENCE:
FIFTH CHARGE:
FIFTH CHARGE US/STATE CODE CITATION:
FIFTH CHARGE VERDICT/PLEA:
FIFTH CHARGE SENTENCE:
CORE TERMS:
SENTENCING OPINION CITATION:
LENGTH OF GREATEST SENTENCE:48 months per count, served concurrently (subject to remand for re-sentencing).
RESTITUTION REQUIRED:$916,635.16
FINE IMPOSED:
FORFEITURE IMPOSED:
FIRST CLAIM:RICO violation
FIRST CLAIM US/STATE CODE CITATION:18 U.S.C. §1962(c)
FIRST CLAIM RESULT:
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:Conspiracy to violate RICO
SECOND CLAIM US/STATE CODE CITATION:18 U.S.C. 1962(d)
SECOND CLAIM RESULT:
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:WOCCA violation
THIRD CLAIM US/STATE CODE CITATION:Wis. Stat. 946.80 et seq.
THIRD CLAIM RESULT:
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:Violated plaintiff's right not to be subjected to involuntary servitude as guaranteed by the 13th amendment
FOURTH CLAIM US/STATE CODE CITATION:18 U.S.C. §1584
FOURTH CLAIM RESULT:
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:Human trafficking
FIFTH CLAIM US/STATE CODE CITATION:18 U.S.C. §1590, §1595
FIFTH CLAIM RESULT:
DAMAGES AWARDED FOR FIFTH CLAIM:
SIXTH CLAIM:Knowingly obtaining the labor or services of another
SIXTH CLAIM US/STATE CODE CITATION:18 U.S.C. §1589
SIXTH CLAIM RESULT:
DAMAGES AWARDED FOR SIXTH CLAIM:
TOTAL AWARD:
APPEAL:Yes
EXPLANATION OF APPEAL:Appealed Conviction, Appealed Judgment, Appealed Sentence
APPELLATE OPINION CITATION:538 F.3d 706 (2008)
HOLDING OF APPEALS COURT:Affirm in Part and Remand in Part
APPEAL STILL PENDING?:No
SUMMARY:
The victim, Irma Martinez, worked as a servant for the Mendoza family in the Philippines from the age of 16.  When the Mendoza family moved to the United States they brought Martinez, at the time age 19, with them.  Martinez entered the United States on a two year visa.  After entering the United States the Mendoza family took away all of Martinez's identification and travel documents, and maintained control over her by refusing to teach her English and telling her that she had entered the country illegally and would be arrested if anyone found out she was there.  The Mendoza family kept Martinez in the house as a servant, making her keep and maintain both their home and investment properties, telling her that she had to repay her debts for the plane ticket, food, shelter and personal items.  Martinez was kept in the basement when not working, and was not allowed to contract anyone outside of the family for any purpose except for her family on 4 occasions.  The Mendoza family kept Martinez in these conditions for 19 years until, acting on an anonymous tip, the FBI raided the Mendoza's home.

After their convictions, the defendants appealed their conviction and the government appealed the sentence.  The appeals court upheld the conviction, and remanded the case for resentencing.
Approval Status:Approved
Approver Comments:
            
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