Showing posts with label Investigations. Show all posts
Showing posts with label Investigations. Show all posts

Thursday, August 04, 2011

China: 89 Children Rescued from Child Traffickers July 2011

As top headlines in China and around the world proclaimed in July 2011, 89 infants and children were recovered from child traffickers within China during this month.

The 89 children were recovered in two separate operations.

The first, on July 15, recovered 8 infants from a Chinese-Vietnamese cross-border trafficking network.

The second, on July 20, recovered 81 children of various ages from a trafficking network entirely within Chinese borders.

First Recovery Action: July 15, 2011

A Joint Action between China and Vietnam Recovering 8 Trafficked Infants

Earlier reports of children being trafficked to Dongxing City in Guangxi initiated an investigation by local and Chinese central authorities.

Because this investigation centered on cross-border criminal activity, in February 2011, a joint task force was set up between Chinese and Vietnamese officials. This joint task force culminated in a law enforcement campaign (involving more than 300 law enforcement officers) that began on July 15, 2011 with the arrests of 39 child abduction/trafficking suspects and the recovery of 8 trafficked infants.

This joint Chinese-Vietnamese law enforcement campaign, concerned with cross border crime involving the abduction and trafficking of children, is scheduled to continue through September 15, 2011.

Indeed, since the first news report detailing the rescue of these 8 children, further investigation has already revealed that the same trafficking network had smuggled a total of 21 abducted infants from Vietnam to China during the period between June 2, 2011 and the July 15, 2011 raid. This is an additional 13 children beyond the 8 reported as recovered.

Though the 8 recovered infants were first reported to have been ages 7 days to 10 months, subsequent reports have stated that the youngest two, with umbilical cords still attached, were under a week old. Most of the babies were boys.

Details of the elaborate reported abduction, smuggling, and trafficking scheme have since been enumerated by an Liu Ancheng, deputy director of the Criminal Investigation Bureau (of ???). It goes like this:

Vietnamese infants were reportedly abducted in Vietnam by Vietnamese nationals. Allegedly drugged so that they would not cry and call attention to themselves, the infants were then reportedly smuggled across the Beilun River (and the Vietnamese-Chinese border) on bamboo rafts. Subsequently, so as to avoid the border checkpoints, the babies were then reportedly transported by bicycle through the fields bordering the Beilun River and on into nearby Chinese towns. Upon arrival in Dongxing or Fangchenggang, the drugged infants then allegedly continued their journey by bus, arriving first in Nanning, the capital of Guangxi Shuang region, and then in the final leg of their journeys, in either Shanewei or Jieyang in Guangdong. The children’s journeys took an average of 20 hours.

A later article alleged that an obstetrician helped care for the babies while they were awaiting sale. (The report did not say where the obstetrician was located.)

Some news reports put the selling price of the trafficked babies at several thousand yuan to tens of thousands of yuan apiece. However, other news reports put the selling price of the trafficked infants at a reported 40,000 yuan each (about US $6,215).

News reports imply that some of these children had already been sold to Chinese families. There are two clues in the news report that imply that this is so. First, Chinese officials’ commentaries state that the Chinese families who bought these babies will not be allowed to keep them. This clearly implies that at least some recovered children were no longer in transit, nor were they awaiting sale, but that they had already been sold. Secondly, at least one news report includes criticism of removing (at least some? of) these infants from their “adopted famil[es].”

“Separating them from their adopted family may be a second blow to their young minds” (Chen Shiqu)

Obviously, you cannot remove a child from an adopted family and worry about the effect of that removal on the child if the child is not yet with the adoptive family.

(Some readers may object to the use of the word “adoptive” here to describe families who bought trafficked children--especially when those children landed in families through channels that were not sanctioned by the government (not legal). However, I am simply reporting the terminology used by the articles themselves. And after all, to the child, who knows nothing of how he/she came to be with the only family he/she has ever consciously known and to whom he/she has bonded, what is the difference? It is the same conscious experience for the child either way. In fact, this is exactly the point that those who criticized removing the children from the adoptive families, were making. Of course, this kind of point is exactly that often made by adoptive families fighting to retain custody of adoptive children when that custody is challenged by original parents seeking the return of their children. But this argument of not disturbing children who are settled can cut both ways. The same adoptive families who argue that they should retain possession of adoptive children for the sake of continuity for the child (when their own custody is being challenged), do not seem to worry about continuity for the child when it comes to the child’s loss of foster families, first families, etc. with whom the child had bonded--often as the only family he/she had ever known--when the child loses that previous family because an adoption is taking places and the child is to be placed in the adoptive family's arms….. So methinks there is here somewhat of a double standard of worry about the effects on a child of loss of family, and that that double standard has almost everything to do with the adults’ interests in the situation. It is easy to imagine what the best interest of a child is when you as an adult stand to benefit from this decision coming out in your favor. But this is another discussion for another post, and, alas, I have digressed… And within the context of this story, that is not point. It's just that I find it ironic that that idea should pop up here where many might find it objectionable. The world's a funny place, no?)

Upon recovery from traffickers and adoptive families, the 8 infants were taken to local hospitals and health centers for observation. At least one news report asserted that five of the eight children were found to have “serious health issues.” Whether these “health issues” were immediate and temporary and due to transport (for example, the effects of having been drugged) or the stresses of recovery (tiny babies have to be fed regularly to avoid dehydration and other ills) or whether they were suffering from more serious long term issues (for any number of reasons), was not stated.

Officials state that efforts will be made to reunite the infants with their Vietnamese parents, and that DNA testing will be utilized to facilitate this. If, however, officials are unable to properly identify the infants, and efforts to reunite them with their parents are ultimately unsuccessful, the infants, according to current Chinese law, because they lack proper verifiable identification, will NOT be eligible for adoption. Unidentified children not ultimately returned to their original parents, will therefore, at least according to current law, grow up in orphanages. Officials quoted in the article seem to understand that this is a disturbing prospect to many.

In fact, Ji Gang, director of Domestic Adoption of the Chinese Welfare and Adoption Center, is quoted as saying that the possibility of ‘conditional adoption’ (which would allow "children whose parents cannot be found within a specified period of time" to be adopted) is being discussed. (Note that this is the director of Chinese DOMESTIC adoption director speaking and that therefore, he is likely implying that children who can not be properly identified and whose parents are not found, would likely become available for DOMESTIC adoption within China.) This idea is of not letting unidentified children get caught in an institutional limbo where they would be ineligible for adoption is echoed in a quote from Chen Shiqu, Director of the Human Trafficking Office in the Ministry of Public Security:

“We are negotiating with civil affairs departments to improve the laws to allow unidentified children to be adopted”

Second Recovery Action: July 20, 2011

Involving 14 Provinces within China, Recovering 81 Trafficked Children

The second recovery action on July 20 was a much more massive affair, involving more than 2,600 law enforcement officers from no less than 14 Chinese provinces, and resulting in more than 330 arrests. The area involved extends from southwestern China’s province of Fujian to northern China’s province of Hebei.

Although some reports say that the two operations together resulted in the “rescue” of “89 infants,” details in the same reports and others imply that the rescued included, not only infants, but also children well beyond infancy. Indeed, at least one photo shows two of the rescued children; these children are clearly not only not infants, but are beyond puberty; indeed, one of the girls, though relatively young, clearly appears to be pregnant.

Some locations involved the July 20th action, do indeed appear to involved the recovery of nothing but infants. One photo taken in the city of Handan shows a line of smiling policewomen carrying 13 “rescued” infants to safety. Most of the recovered infants in the July 20th action are girls, and they are very young, ranging in age from 10 days to 4 months. Of those infants who had not yet been sold to families, some had been in the care of the traffickers for up to two months. At least one report alleged that those infants found in the traffickers’ care had been being fed low-quality milk powder and had been kept in squalid conditions.

It’s not immediately apparent where the July 20th recovered children came from. News reports note both that abductions by child traffickers of children within China are fairly common, but also note that some Chinese families, especially within rural areas, who prefer sons over daughters, have also been known to sell their infant daughters to traffickers so as to be able to try again for a son. One report states that all of the “rescued” children had been abducted. But all in all, considering all the reports, it remains unclear as to exactly where the children had come from. Given the short period of time that had elapsed since the children were recovered, it is possible that investigators themselves may not have yet known where the children came from.

These children, like the infants rescued earlier on July 15th, were given medical exams and then taken to orphanages where to be cared for during the process of identification (using DNA and other clues) and attempted reunion with their parents (if they can be found).

That some parent child reunions were already taking place just a few days after the children were recovered is clear from some news report photos. That these reunions could also be emotionally difficult and complicated is also evident. In one photo, a father is shown to have found his twin girls, abducted six years earlier. As I mentioned earlier, though the twins look fairly young, it is also obvious that they are already through puberty, as one of the girls appears to be in an advanced stage of pregnancy. Sadly, the photo caption states that the father was “reluctant” to take his twin girls home again because he “couldn’t accept what [they] had become.” Readers are left to wonder about the father's decision. Did he take his adolescent daughters home or not? One can only begin to imagine the drama of this family's story. Fault--if it was appropriate to assign any--for “what [the girls] had become” in the time they were away from their original family was not almost certainly not their own. How therefore could these girls be rejected by their own father? On the other hand, one has also to identify with the difficulty of the father's situation. The task of rehabilitating adolescents who may have been trafficked for un-named purposes, but purposes that we have to wonder about, would surely not be easy. And the outcome of that rehabilitation, uncertain. The father might very well be taking home virtual strangers whose values might very well differ from his own and his community's, and yet he would become immediately responsible for these adolescents and what happened to them from that time forward. An extremely difficult and complicated assignment for any parent.

Such is one of the problems of older child abduction. Children continue to grow and mature. They become different people than they’d have originally have been if they had never been taken from their families. The abducted children have in some very real sense, ceased to exist; likewise, from the children's point of view the parents have also become odd and foreign to the people they've become. In this way, the harm done to the victims by traffickers who steal children is inestimable. Time which is lost cannot be recovered, but more than that, that which is done can not be undone, influence/culture lost can't be recovered, and influence/culture hijacked by others can't be erased.

What Does This Mean for Supposed “Surplus” of Children Within China and for International Adoption from China?

Speculation is that this, China’s highly publicized and widespread crackdown on child trafficking in July (and for the few months previous to July) is a deliberate move on the part of the Chinese government to convince Chinese citizens, outraged at the government’s past lack of responsiveness to the “growing tide of child kidnapping” and child trafficking within China, that they do indeed care and are taking effective, concrete action.

This growing public outrage is no accident. News reports credit the growing displeasure of citizens with both the rising tide of child abductions and the government’s inaction in regard to them, with the most recent campaign by parents of kidnapped children to raise public awareness and outrage. In particular, a recent Chinese micro-blog campaign by parents of abducted and trafficked children complained about government officials who ignored and hindered parents from finding their abducted children. Parents complained that some law enforcement agencies refused to file reports of missing children, and that law enforcement agencies, even when they did file reports, often failed to act on leads given by parents. The campaign therefore encouraged Chinese citizens to help parents of abducted children recover their missing children by taking photos of children on the street to help facilitate identification of kidnapped children.

The parents of kidnapped and abducted children have, after years of struggle, finally won the attention of not only Chinese citizens, but also of the Chinese state media and the Chinese government officials. The reality of the widespread problem of child abduction and child trafficking within China is now openly acknowledged by both the state media and the government.

Indeed, the state media itself now openly estimates that up to 20,000 children a year are abducted and/or trafficked in China. According to Chen Shinqu, director of the Human Trafficking Office of the Ministry of Public Security:

“Child abductions have entered a phase of high-frequency.”

According to China Daily, Chen sees the "main cause of human trafficking crimes" to be the “existence of a buyer’s market.”

Indeed, many of us who have followed international adoption corruption for a long time, have come to believe that where there is high demand for human children and there is the money to back this demand, entrepreneurs, criminals, and others will arise to ensure that that market demand is met. To believe that it is otherwise is to be naïve.

China's one-child policy is frequently blamed as the cause of this demand for children within China. Under the one child policy most families were allowed only one child. Combined with a cultural and economic preference for sons, in the early years of the one-child policy, this led to the abandonment of many baby girls as families held out for a son. More recently, as the one-child policy has perhaps relaxed somewhat, and the availability of ultrasound machines has proliferated, sex-selective abortion has eliminated baby girls before birth, leading to a highly publicized gender imbalance within China in the younger generations. As the population has grown lop-sided with boys, families have begun to worry about procuring wives for their sons in future years. Some families solve this future problem by buying girl babies, “child brides,” when their sons are young and raising them to be future wives and daughters-in-law.

The shortage of girls has not raised the status of women; instead, girls have become one more rare commodity within a market ready and willing to buy them. Speculation is that far from raising the status of women, a shortage of marriageable women will lead—and indeed may already have led--to greater levels of trafficking of both children and women for sexual purposes and prostitution.

Likewise, as families have been willing to buy a girl child for future purposes, families who desire a son (but are unable to produce one for various reasons) have also become willing to buy one.

Indeed, children, as their numbers have shrunken within Chinese society, are in short supply generally, and so they have become rare commodities capable of fetching high sums.

And as stated before, where the market demands and is willing to pay high prices, suppliers eager to make good money inevitably eventually step in. Thus, child traffickers have increasingly been abducting and trafficking children.

What does all this mean in the international adoption arena? After all, isn’t this a blog primarily about international adoption and international adoption corruption?

Well, perhaps it means that the story peddled for the last twenty years or so by adoption agencies and the popular media, and the story that adoptive parents still hoping to adopt from China—which I STILL hear from acquaintances on the street—tell about China having so many unwanted baby girls that they’re simply there for the picking, (and indeed, we all ought to be lining up to adopt one of them if we were good Christians and cared about children) while it may once have been true, is no longer true. The situation has changed. China may well still have SOME children in need of adoption, but in China, as elsewhere, these children are likely to be seriously handicapped children and much older children. (The advisability of international adoption of much older children will be the subject of other posts.)

China’s domestic demand for healthy, young children—even girls (maybe especially girls)—may well be strong enough to absorb whatever healthy, young children are available.

It also means that the idea that Chinese adoption is, compared to other countries, squeaky clean, is probably also dead. Can we honestly believe that international adoption could remain squeaky clean in a country where child abduction and child trafficking is rampant, where orphanages have been documented to pay people for supplying adoptable young children (yes, this has been documented), where officials have been documented to have forcibly removed children (in excess of the family planning quota) from their parents in order to send them to orphanages, where orphanages gain money for every child they place, and where children are such rare, valuable commodities?

If you believe that one, I know a few other fairy tales that someone would like to tell you, and a few telemarketers and scammers out there that would love to have your name and email address.

Desiree


“China Rescues Dozens of Infants from Human Traffickers” Beijing Newsroom, edited by Alex Richardson and Sui-Lee Wee, Reuters, 27 July 2011

“Human Trafficking Ring Busted” Zheng Caixong and Zhang Yan, China Daily, 27 July 2011

“Chinese police rescue 89 children in two major human trafficking cases” by Chen Zhi, Xinhua News Agency, English.xinhua.com, 27 July 2011

“Authorities to Place Stolen Babies in Care” by Zhang Yan, China Daily, 29 July 2011

“Doctor Helped in Selling of Children to Chinese Families” Financial Times of London (source: Shanghai Daily), 8 August 2011

“China Cracks Down on Child Kidnappings” by Patti Waldmeir, Shanghai, Financial Times of London, 27 July 2011

“Children as young as 10 DAYS old among 89 rescued from clutches of Chinese people traffickers” Daily Mail Online, 27 July 2011

Monday, April 21, 2008

Investigation of baby trafficking scheme in Costa Rica

14 individuals were detained by police on March 4, then later released in Costa Rica on suspicions of participating in an illegal adoption scheme. The 14 individuals include a family court judge, a lawyer and two social workers employed at a clinic in San Jose. Also believed to have been detained are some of the would-be parents.

Police believe that the scheme targeted mothers who were in financial need. Costa Rican adoptive parents may have paid about $10,000 per baby. It is believed the scheme involves at least three babies who were purchased since June 2006, but police suspect there are more infants involved. Chief Prosecutor Francisco Dall'Anese indicated that some of the mothers suffered from drug addiction.

According to Jorge Rojas, chief of Judicial Investigation Police, “We have evidence of the sale of a child, who perhaps went to a family enthused to have a baby. But this trafficking is prohibited by law. Even thought it was a direct deal, in which the mother handed over the child, it was in exchange for money.”

Allegedly, the lawyer who was detained was the mastermind behind the scheme. The social workers may have referred the targeted mothers and the judge allegedly signed off on the adoption paperwork in exchange for a portion of the fee paid by the adopting parents.

Formal charges have not yet been filed. The judge and social workers have been suspended for six months pending the results of the prosecutor’s investigation. There is no evidence currently that any of the infants were adopted outside of Costa Rica but police are continuing to investigate.

Usha

Costa Rica Nabs 14 for ‘Selling Babies’, Associated Press, March 4, 2008

Costa Rican Police Arrest 14 in Baby Trafficking, Tico Times, March 5, 2008

Alleged Costa Rican Baby Traffickers Released, Tico Times, March 7, 2008

Tuesday, March 18, 2008

Baby trafficking in Sri Lanka

In December, police in Sri Lanka found a newborn who had been grabbed at Colombo Hospital while his mother was in the restroom. Admidst much public attention including the President of Sri Lanka, police searched around the clock and apprehended the woman who allegedly snatched the infant. Two more infants were kidnapped from the same hospital and police were questioning the same woman in connection with those stolen babies.

The kidnapping at Colombo Hospital in December prompted an investigation by the CID of three major state-run hospitals in Sri Lanka, probing into what may be a large baby smuggling ring and document forgery racket: the De Soysa Women’s Hospital, the Castle Street Hospital for Women and the Colombo South Teaching Hospital. The investigations were also prompted by the kidnapping of a newborn from the Kalubowila Hospital and the disappearance of another child from the same hospital.

The CID is looking for a “wealthy” woman who is believed to be the mastermind behind the alleged baby trafficking ring, Kompanna Veediya. Several hospital workers were allegedly in on the racket which was revealed after the attempt a Dutch couple to smuggle a Sri Lankan baby out of the country. It is suspected that at least four babies have already been smuggled out of the country in the past year. According to CID ASP Mewan Silva, the hospital employees at Castle Hospital target mothers with various problems including financial difficulties and convince them to turn over their babies to be adopted by rich families. Veediya reportedly pays the hospital employees between Rs 5,000 and 10,000 per baby.

At De Soysa Hospital, investigations revealed that two babies born on different dates in 2005 were issued birth certificates with the same number by the hospital. It was reported that the registrar at De Soysa Hospital would be arrested shortly. According to a source at the National Child Protection Authority, “in some instances, the hospital authorities seem to hand over blank ‘birth declaration forms’ to people, so that anyone can fill in any details they want. That explains how bogus names are listed as those of the actual mother and father.”

Regarding the case of a Dutch woman who had allegedly given birth at Nagoda Hospital, a former mayor and another individual who were charged under the Penal Code with cheating, forging documents and child trafficking, was scheduled to be heard by the Colombo High Court on February 8. That transaction allegedly cost Rs. 750,000.

Another case involves four suspects who were remanded for allegedly attempting to smuggle a baby girl out of the country to Dubai on January 6 using forged documents. Those being held in the case are the woman who was allegedly attempting to smuggle the baby, her mother, the biological mother of the baby and an employee of the Castle Street Hospital for Women who was allegedly the middleman. The mother and daughter who were arrested reportedly paid Rs. 85,000 to the hospital employee for the baby girl and the employee reportedly persuaded the biological mother to give up the baby. The daughter who was arrested is an accountant married to an electrical engineer and were described as desperate to have a baby after struggling through infertility.

Usha

Major baby trafficking racket bared, January 12, 2008, Daily Mirror

Sri Lanka family reunited with abducted baby on Christmas Eve, December 24, 2007, Lanka Business Online

Baby racket in three major hospitals, January 27, 2008, Sunday Times Online



Sunday, November 18, 2007

US Adoption Agency Employee Charged with Defrauding Agency of More than Half-a-Million Dollars

A 60 year old woman has been charged with fifteen counts of federal mail fraud and five counts of tax evasion after a Federal investigation revealed that she allegedly stole $600,000 dollars from her employer, the Florence Crittenton Adoption Agency in Lowell, Massachuseutts. According to the Federal prosecutor and investigators, the theft took place over eight years, from December 1998 through April 2006.

Natalie Fleury, who was employed as an office manager and bookkeeper, allegedly "altered checks the agency was issuing to a third-party vendor, made herself the payee, and deposited the checks into a joint checking account she shared with her husband.

Her husband, Thomas E. Fleury, Sr., also 60, who "allegedly also benefited from the proceeds of the fraud," also failed to report the illegal income on the couple's tax returns; he, like his wife, has consequently been indicted with five counts of tax evasion.

The Florence Crittenton Adoption Agency, a private agency located in Lowell, Massachusetts is celebrating its one hundredth anniversary this year. It places about 30 to 40 children per year through international adoption. The board of directors of the agency posted a press release on the Internet after the indictments were made public, part of which is quoted below:

"Today's action by the US Attorney's Office is the latest step in a process that began in April 2006 when a theft from the agency was first discovered. Since that time, this board has been working diligently to assist in the federal investigation; to put in place accounting safeguards to prevent future thefts; and to take whatever steps are necessary to recover the missing funds.

...The board of directors has implemented numerous safeguards to prevent any future theft through the misappropriation of agency funds. Those steps include new financial procedures, certified by an independent accounting expert, that include better oversight by multiple parties and duplicative sign-off on spending from only a single account. In addition, an executive board closely reviews monthly financial statements.

....It was perhaps our focus on families, and not finances, that provided the opportunity for this violation of trust

...We thank the US Attorney's Office and the US Postal Inspectors who answered our call for assistance and worked tirelessly and professionally in the pursuit of justice. We thank our families and our friends for their continued support as we navigate the agency through this difficult period."
The moral of the story...Money must be watched closely if it is not to have a life of its own apart from its original intended use. If it takes extreme diligence here in this country within a small agency to keep money where its supposed to be and working for its intended use, how much more difficult it is to keep money where its supposed to be and working for its original intended use--and not another--overseas with partner agencies and IA facilitators.

Desiree

Woman is accused of defrauding agency, The Boston Globe, 16 November 2007

Couple accused in fraud, tax evasion, Bostonherald.com, 16 November 2007

Chelmsford woman charged with stealing $600K from adoption charity, The Boston Globe, 15 November 2007

Statement from The Florence Crittenton Adoption Agency: ADOPTION AGENCY CARRIES ON DESPITE THEFT, ADOPTIONS UNAFFECTED; Press Release: Statement of the Board of Directors of the Florence Crittenton League Adoption Agency, November 2007

Friday, November 16, 2007

US Agency Investigated for Forgeries in Russian Adoptions

Children's Hope International is an adoption agency based in Missouri with offices in Missouri, Arizona, California, Illinois, Colorado, Florida, Georgia, Kansas, Minnesota, New Hampshire, New York, Oregon, Ohio, Tennessee, Texas, and Washington that did over 700 international adoptions last year. It is being investigated by seven states after authorities discovered that two employees were allegedly forging official documents being sent to Russian authorities.

The forgeries were discovered in July, when authorities in Arkansas received correspondence from Russian adoption officials, seeking additional information. However, the adoption officials in Arkansas had no record of the initial correspondence that prompted the Russian letter.

A few days of research revealed that the letter from Arkansas was really mailed from the offices of Children's Hope International. A wide search was conducted, and eventually, Children's Hope International's director, Dwyatt Gantt, admitted that ten documents were forged, affecting 7 states.

However, during a meeting with Tennessee adoption authorities, Gant is quoted as saying the forgeries went on for years, and were "widespread."

--from KSDK Newschannel 5's online report
According a TV news report, two Children's Hope International employees who worked out of the Missouri office, Mareda Eckert and Sue Ellison, had allegedly been copying the official letterhead of authorities in several states, writing the documents that Russia required, and then forging the signatures of the appropriate state officials. The documents would then be sent to Russia as some of the official paperwork required to complete a Russian adoption. It is unclear if the improprieties also included the use of notarization on these documents. Dwyatt Gantt's official statement about the affair, printed on Children Hope International's website would seem to imply that it might. Gantt there states that "two employees...were found to have mishandled paperwork which included the wrong use of notaries."

According to news reports, the documents involved "were used to assure Russian authorities that any children sent here would be properly care for."

The alleged forgeries involved documents made to look like they had come from officials in Arkansas, Illinois, Kansas, Massachusetts, Missouri, Tennessee, and Texas.

Investigations in these states, some ongoing, have included hearings to determine whether CHI should lose its adoption license in these states and to determine whether criminal charges should be pursued.

The two Children's Hope International employees involved were fired a month after the alleged forgeries were discovered.

International Children's Hope Director Dwyatt Gantt has chosen to downplay the seriousness and significance of the forgeries. On a TV interview he stated that the alleged forgeries were, "foolish and misguided, but not malicious--not self serving on [the employees'] part."

In addition to Gant's official web-published statement, "A Message from Children's Hope International" on the affair, Children's Hope International has also sent out letters seeking to reassure current and former clients, and delineating what CHI had to done to alleviate the situation:

"As a result of Children's Hope being upfront and proactive, we have been assured by Missouri DFS and all states where investigations are complete, that we have handled this in the correct manner, and we have been ensured this will not adversely affect our work in these states."
He assures all that "this matter is already nearing resolution," stating that only two states have yet to put the matter to rest: Kansas and Illinois.

But according to news reports, things may not yet be as resolved as Gantt would have them be. In Missouri where CHI is based, a local TV station reports:

Missouri adoption regulators knew about the forgeries in August, after calls from other states. However, after an investigation, it was decided that Children's Hope International would not be sanctioned, and would keep its license.

Susan Shelton, a manager in the state Children's Division of the Missouri Department of Social Services, said on October 25, that police and prosecutors had not been contacted to investigate the forgery. However, on October 30, Shelton's bosses decided to contact police about the case.

That occurred after Missouri State Senator John Loudon, a Republican from Ballwin, started asking about what happened. Loudon is a long time adoption advocate, who is concerned that the forgeries could affect future adoptions of Russian children. Loudon wants a full investigation, and says Missouri must come clean with the Russians.
As for Russia....Russian authorities are already on edge with the American adoption of Russian children. Russians are concerned about:
  • A long string of cases in which Russian adoptees have suffered abuse and even death--14 Russian children killed to date--at the hands of American adoptive parents
  • The Masha Allen case in which a US adoption agency placed a Russian five year old with a pedophile and then failed to check up on her for nearly five years (fabricating one post placement report and doing another by phone) so that the child was abused for five years and became the unwilling "star" of illegal child pornography (Masha's photos are among the confiscated images in at least 50% of child pornography prosecutions).
  • The failure of many US adoption agencies to take seriously Russia's post adoption reporting requirements
Keeping Russia open to Americans for adoption has become an increasingly politically difficult and unpopular feat within Russia and the Russian government. This new problem can not help US-Russian adoption relations. But, so far at least, Russian authorities have restrained themselves:
Russian authorities are aware of the forgeries, but have not reacted in any way.
Perhaps they are waiting to see just how seriously America takes the corruption of adoption--whether we will see that wrongdoing is taken seriously and whether wrongdoers are investigated, sanctioned, and punished--all as a deterrent for future misconduct.

Or, instead, whether the aura surrounding international adoption will once again whitewash and downgrade all wrongdoing into an easily excused mush of well-meaning mistakes and oversights and sniveling explanations.....I mean really, it doesn't really make that much difference anyway, does it...I mean we're talking about saving orphans here....

What wouldn't be tolerated anywhere else and that would be stringently punished once again passes into relative insignificance in the glow of the absolute good that is adoption.

Would that those who excuse such indiscretions and corruption could see that each time such things are excused and passed over, it weakens international adoption further and makes clear that is it lacking in character, ethics, and accountability. International adoption will eventually be killed by such failing to take seriously these problems.

It will be a truly awful thing if Russian adoption closes because Americans refuse take adoption corruption seriously. If any children in the world are truly in need of adoption, it is the adoption eligible children languishing in Russian orphanages.

Desiree

Text:
Adoption Agency At Center Of Investigation; KDSK News Channel 5; St. Louis, Missouri; 13 November 2007

Video:
Adoption Agency At Center Of Investigation; KDSK News Channel 5; St. Louis, Missouri; 13 November 2007

Explanation from Children's Hope:
"A message from Children’s Hope Director," Dwyatt Gantt, 14 November 2007

Monday, October 29, 2007

Children Rescue – An Aborted Babylift

On October 25, officials in Chad arrested nine French people on suspicion of child trafficking at Abeche, near the Chad-Darfur border as they attempted to fly 103 African children to France. The arrested consisted of six escorts and three French journalists. Also detained were the seven members of the charter plane’s crew, all Spanish citizens and the pilot, a Belgian citizen.

The French group is from L’Arche de Zoe (Zoe’s Ark), a Paris-based charity who now face charges including child abduction and fraud. The group was formed by motoring enthusiasts initially to aid victims from the December 2004 Asian tsunami. Earlier this year, Zoe’s Ark turned its attention to bringing orphans from Sudan’s Darfur region to France for adoption. Around 300 French families are reported to have paid between 2,800 and 6,000 euros each ($4,000 to $8,600) to Zoe’s Ark to adopt a child from Darfur.

The group chartered a plane scheduled to leave eastern Chad to deliver children to French waiting families. The children were aged between one and ten years old. The group is also alleged to have forged visa documents for the children.

Upon arrest, the charity workers were wearing t-shirts with the slogan bearing the name of the operation: “Children Rescue.” Although Zoe’s Ark had reportedly said the children needed to be evacuated to France for medical reasons, all appeared to be in good health. One official from UNICEF said some of the children were wearing bandages but there were no injuries found underneath them.

Officials from Chad, France and UNICEF have all denounced the operation as a violation of international and Sudanese law. Chad’s president, Irdriss Deby, called the operation “inhuman” and “unthinkable” and that those responsible would be severely punished. He is quoted as saying:



These people ... treat us like animals. So this is the image of the savior Europe, which gives lessons to our countries. This is the image of Europe which helps Africans.

According to the French Foreign Ministry, “Chad, like Sudan – from where the children could have come – are sovereign states that do not authorize adoption. It is currently absolutely impossible for a French family to launch a procedure to adopt a Chadian or Sudanese child.”

In April, Zoe’s Ark had issued a press release saying it wanted to evacuate 10,000 orphans from Darfur. In the statement, the organization said, “We must act to save these children. Now! In a few months, they will be dead.” In August, the French Foreign Ministry had issued a warning about Zoe’s Ark, saying there was no guarantee the children they were helping were orphans. Since the warning, one French diplomat said Zoe’s Ark had stopped saying its aim was to have the children adopted: “They explained that these children would first be housed in France, and we understand that they then explained to the (host) families that there would be a legal battle afterwards to have them adopted.”

The secretary-general of Zoe’s Ark denies the child trafficking charges. Stephanie Lefebvre said, “We never intended for them to be adopted. Our action plan was simple. We wanted to save them from death, by giving them a host family.”

Another Zoe’s Ark representative, Christophe Letien, stated, “this was urgent humanitarian action and not children-trafficking.” Zoe’s Ark website claimed its plan to bring children from Darfur to Europe is justified by the Geneva Convention and international law. It’s reported that Zoe’s Ark gathered prospective adoptive parents from the internet.

A court in Paris is also reported to have launched a criminal investigation into the matter. French police have been investigating Zoe’s Ark’s activities since July.

The prospective families insist they had a right to “save them from death” and planned to protest outside the Chad embassy in Paris. According to one prospective father/host, “local tribal chiefs have guaranteed to the association that each child had lost its entire family and had been abandoned.” One prospective mother/host said she was shocked by how the events were being portrayed, “It is absolutely heinous that the authorities suspect we played a role in child-trafficking. The volunteers at [Zoe’s Ark] are so dedicated. It’s sacrilege to treat them as child traffickers.”

UNICEF officials are attempting to locate the families of the children who are currently being cared for by UNICEF, UNHCR, the Red Cross and other groups. One Red Cross official said that based on its experience in Sudanese refugee camps, there are rarely orphans who are separated from their whole families. UNICEF and the Chadian government said the majority of the children appeared to be Chadian, not Darfurian, and did not appear to be orphans.


Most disturbing are some of the accounts from the children themselves. Some reports state that the children were enticed by candy to leave their homes. One child said:


My parents had gone to work in the fields. As we were playing some
Chadians came and said, "Here are some sweets, why don't you follow us to Adre
and then we'll take you home? We spent seven days in Adre, and I've been
here in Abeche for more than one month. We were well fed by the whites,
there was always food. I would like to go back to find my parents.


Another child said:


A car came with two whites and one black man who spoke Arabic. The
driver said, "Come with me, I'll give you some money and biscuits and then I'll
take you home. We were taken to the white people's house and they gave us
medicine -- small white tablets. I was not ill. All the children
were given pills. They told us that we would no longer be able to go
home.


Another child said:


Whites came and said they would enrol us in school. They came to talk with
our father and he allowed us to go with them. They said they would train us and
that when we are grown up we would get a vehicle.

Social workers treating the children report that they are traumatised, and that the constant flow of visitors and journalists are disrupting the children. And humanitarian aid workers fear being targeted; some cars of aid workers have been pelted with stones. One Chadian social worker sums it up this way:

France and other foreigners made us (Chad) sign a convention on children's
rights. But to our surprise, it was the French themselves who came to take our children, even though they know the law. They didn't respect us. They came in silence to set up their office and kidnap our children.

Usha


Chad to charge French with abduction: prosecutor, Washington Post, October 29, 2007

'Charges near' in Chad child row, BBC News, October 29, 2007

Ordeal of Chad children in 'kidnap' row, BBC News, October 29, 2007

Profile: Zoe's Ark, BBC News, October 29, 2007


Prison 'likely' in Chad child row, BBC News, October 29, 2007

Adoption workers accused of luring Chadian children with candy, International Herald Tribune, October 29, 2007

Belgian pilot arrested in Chad accused of trafficking children, People's Daily Online, October 29, 2007

Europeans risk kidnapping charge over Chad 'adoptions', Yahoo!News, October 28, 2007


French charity blamed for child smuggling, ArcaMax Publishing, October 27, 2007


Bewildered infants await fate in Chad orphanage, Reuters, October 27, 2007

Questions Over Plan for Darfur Children, Sudan Tribune, October 27, 2007


Chad vows to punish French for child smuggling bid, Reuters, October 26, 2007

Charity adoption workers seized at airport for 'trafficking' children, Times Online, October 26, 2007


Authorities Arrest French Attempting to Fly 103 Children Out of Chad, VOA News, October 26, 2007

French NGO Accused of Trafficking Children, UN Integrated Regional Information Networks, October 26, 2007

UN and aid groups criticise 'humanitarian mercenaries', Guardian Unlimited, October 26, 2007

French group under investigation over Darfur adoptions, Yahoo!News UK & Ireland, October 26, 2007


Questions Over Plan for Darfur Children, Sudan Tribune, October 27, 2007

Chad stops group from flying 103 children to France, Reuters, October 25, 2007

Update in an Indian Adoption Scandal -- Kidnap and Adoption

In 2005 another horrid adoption scandal broke in India. In May 2005, the Central Crime Branch of the Chennai police arrested several people for allegedly kidnapping and selling about 350 children to the Malaysian Social Service agency. Also arrested were the director of Malaysian Social Service, P.V. Ravindranath, his wife Vatsala and their son, Dinesh Kumar who were booked under the criminal penal code provision for kidnapping.

Malaysian Social Service placed children for adoption between 1991 and 2001 or 2002. Several of these children had been sent for adoption abroad. Police investigations showed that records relating to children at the agency, specifically the surrender affidavits, bore signatures of false witnesses. Several affidavits didn’t even have signatures. Malaysian Social Service Agency previously lost its license in 1998 after some children who had been reported missing were identified as those that they agency had made adoptable. The agency’s license was restored a few months later and revoked again after the scandal in 2001.

After the news broke, the police were besieged by scores of parents looking for their stolen and missing children. The details about how the children were allegedly abducted over a decade varied. M. Habib said that in March 1998 his wife came to Chennai with their 3 year old son, Amaruddin. While his wife was trying to see the number on the bus, her son was kidnapped. Another woman, Sivakami, said that in 1997 her 1 year old son, Subash was playing outside their house in Pulianthope when he disappeared.

Only a few parents were able to recognize their children from photos seized from the orphanage. Not only had they been given new names by Malaysian Social Service, but reports indicate that the agency did not take pictures of the children when they took them in.

An in-depth report by Frontline in May 2005 of this and other scandals in Chennai traces the root of the problem, of course, to money:

“Foreign adoptive parents pay their local agencies, which send the sums as
‘grant-in-aid’ to their Indian counterparts. It is difficult to find out how
much each parent in the foreign country has paid – but, according to some
estimates, it ranges from $10,000 to $50,000. There is, however, a clear link
between inter-country adoptions and foreign contributions. In fact, many
agencies admit they cannot survive without doing intercountry adoptions.”
Following the arrests, a few parents filed court actions demanding the return of their children. One petitioner said his son Satishkumar was taken in March 1999, another said his four year old son was abducted by a gang in an autorickshaw, and a third said that his 1 year old child had been missing since February 1999.

Last month, a Division Bench of the Madras High Court ordered an immediate investigation by the Anti-Corruption Branch of the Central Bureau of Investigation into all three cases. A special team has been formed to probe these cases. According to one senior CBI official, “We have already collected the case details regarding the adoption racket case. There are a minimum five to six cases that we will be investigating with regard to the illegal adoption of children. The case details show that the children are sold to various parts of the world.”

Usha

Adoption monitoring agency ‘should be given more powers’, The Hindu, May 15, 2005,

Parents can’t identify missing wards, The Hindu, May 9, 2005

Missing child’s photograph identified, The Hindu, May 6, 2005

Police bust child abduction racket, The Times of India, May 16, 2005

Behind the facade, Frontline, by Asha Krishnakumar, Vol. 22, Issue 11, May 21-June 3, 2005

The Big Racket of Small Babies, boloji.com, by Ambujam Anantharam, June 12, 2005

Chennai lady waits for kidnapped son, IBNlive.com, June 30, 2005

Adoption: CBI registers three cases, The Hindu, by K.T. Sangameswaran, October 4, 2007

CBI to register case in child adoption racket, newindpress.com, by K Praveen Kumar, October 3, 2007

Friday, October 19, 2007

America: Waiting Angels Prosecution, Part I: The Story

It's as sensational as the story line of a TV crime show. And the characters--at least as they appear on TV--are every bit as colorful.

But unfortunately, it's real life.

A night club dancer turned "adoption professional" and her business partner "hang out their shingle" as Waiting Angels Adoption Services, Inc. and begin facilitating adoptions from (well, where else, but) Guatemala.

Their clients?

According to a local TV station: "Desperate would-be parents." Some of whom, profiled by the TV station, longed for a baby after lengthy struggles with infertility. Parents who were so eager to have a baby in arms that they took out second mortgages on their homes, forked over their life savings, signed contracts with, and then placed their hopes in the hands of these same Waiting Angels "adoption professionals."

Lest you think these parents didn't do their "homework" in checking out Waiting Angels Adoption Services before signing on, think again. Prospective adoptive parents (PAP's) recently testified in criminal court that they had asked Waiting Angels for (and received from the same) client references--the email addresses of satisfied former Waiting Angels' clients.

How were these PAP's to know that the email addresses of these "satisfied clients" were apparently (according to allegations in criminal court) owned by one of the adoption agency principals, Joe Beauvais? And that the replies they received--glowing recommendations for Waiting Angels--were allegedly, according to evidence presented recently in criminal court, simply Joe, pretending to be several former clients?

As if that isn't enough to turn your stomach, an undercover investigation by a local TV station using a hidden camera, reveals a peek, in sordid detail, into the alleged way in which at least some "adoption professionals" procure Guatemalan children who are then offered for adoption here in the U.S. The descriptions come from the couple's own lips, captured on tape for all the world to see. It's not pretty. Like seeing the proverbial way sausage or laws are made. Not for the faint of heart or those who want to preserve their adoption-is-an-absolute-good belief system.

Despite this procurement system and for reasons, at this point, known only by agency principals, Boraggina and Beauvais, Waiting Angels apparently failed to deliver babies to many waiting PAP's. PAP's allege they were given many technical reasons for the failure of their children to "come home" and that, as a result of their complaints, more promises were made and, for whatever reasons, those promises too were allegedly broken.

The trail of adoptive parents with broken dreams, empty savings accounts, and second mortgages for which they had nothing to show but payment books and empty nurseries, allegedly grew.

Refunds of adoption fees, like the promised babies, allegedly also failed to materialize.

In publicly available legal documents, prospective adoptive parents allege a pattern of increasing unresponsiveness by Waiting Angels to their requests and questions.

Eventually, in 2005, a class action law suit was filed against Waiting Angels by several families.

But, as we all know, the wheels of the justice system turn slowly.

Meanwhile, the children that eager families had hoped would be their own, continued to grow and and develop. Babies outgrew layettes they never wore. Tiny babies promised to adoptive families, babies with whom some heart-sick PAP's had previously bonded on trips to Guatemala and with whom others had bonded through photos and video updates, grew into toddlers without ever seeing the dream nurseries their would-be parents had lovingly and lavishly outfitted months, and now years, earlier.

Monthly payments on second mortgages served--and continue to serve even now--as painful reminders of what does not lie behind closed nursery doors where dust gathers on dead dreams.

A local TV station's investigative team had earlier taken up the cause of the weary, teary-eyed, and empty-armed PAP's. In a series of investigative reports, it explored and then made public the case against the agency and its principals.

Evidence mounted and finally, in the face of sympathetic public outrage, law enforcement moved in with search warrants against Waiting Angels Adoption Services, Inc. and its principals, Simone Boraggina and Joe Beauvais.

The local TV station covered the raid of the two homes from which Waiting Angels and its principals ran their adoption agency. Footage shows policemen carrying out computer hard drives and crates of paper files--to be gone through and kept as evidence.

But no one was prepared for what turned up in one of the houses.

In one of the two homes of the "adoption professionals," police were astonished to find A HALF A MILLION DOLLARS IN CASH. Indisputably, there it is, caught on camera--$500,000 in cash in neat stacks of bills stored in multiple, neatly sealed zip-lock baggies.

Where did this money come from? Why was it there?

Had Simone and Joe ever sent the money given them to Guatemala to procure the children they had promised the couples? If they had, what was this money?

More generally, why would anyone--and specifically why would Simone and Joe--keep this huge amount of cash in a private residence instead of putting it into a bank?

Only Simone and Joe know where the money came from and why it was there. Only they know what they did or didn't do to procure the children they had promised adoptive parents.

Shortly thereafter, Simone Boraggina and Joe Beauvais--the principals of Waiting Angels Adoption Services, Inc.--turned themselves in and were arrested as local TV cameras rolled and astonished TV investigators looked on.

Desiree

News Video That Introduces Allegations Against Waiting Angels:
Rescue 4 Undercover: Shocking Details About Adoption, Channel 4 Detroit,

News Video Announcing Arrest of Waiting Angels Principals:
Rescue 4 Undercover: Arrests Made in Adoption Case, Channel 4 Detroit, arrest and search

New Video Showing Confrontation with One of Waiting Angels Principals:
Rescue 4 Undercover: Karen's Confrontation, Channel 4 Detroit, short confrontation

News Video Detailing Waiting Angels' Alleged Modus Operandi:
Rescue 4 Undercover: The Desperation Behind Selling a Baby, Channel 4

News Video (which is mostly audio) in whichAttorney General Mike Cox Alleges What Joe & Simone were doing and what he intends to do as Attorney General in Response:
Adoption Scam, 9 & 10 News.com, 4 May, 2007

Most Recent News Video Showing First Day of Trial:
Rescue 4 Undercover: Waiting Angels Adoption Scam, Channel 4 Detroit, 13 Sept 2007

Law Firm Summary of Earlier 2006 Class Action Law Suit against Waiting Angels: The Quisenberry Law Firm Newswire, Michigan, "Class Action Says Adoption Agency Just Keeps Demanding More Money," 23 October 2006

IBL, Class Action Reporter, Headlines List, alphabetical under W for Waiting Angels (scroll down for a detailed summary), 27 Oct 2007

PDF of Class Action Law Suit Filed Against Waiting Angels with US Court:
Class Action Lawsuit: Heinrich et al v. Waiting Angels Adoption Services, Inc. et al. (Case No. 5:06-cv-00168-RHBter), October 2006 by Fixel Law Offices of East Lansing Michigan in U.S. Federal District Court

PDF of 2007 Lawsuit Filed Against Waiting Angels with US District Court:
Heinrich et al v. Waiting Angels Adoption Services, Inc., filed 27 March 2007 in US Federal District Court in the Western District of Michigan

Legal Counsel's Summary and Update Page for Waiting Angels Lawsuit: Waiting Angels FAQ: Waiting Angels Litigation, Fixel Law Offices, last updated 12 September 2007

And the Adoption Agency's own website, still up and running and advertising adoption services:
Waiting Angels Adoption Agency Website

America: Waiting Angels Prosecution, Part II: The Legal Cases

Waiting Angels Adoption Services, Inc., an American adoption agency out of Michigan, and its principals, Simone Boraggina and Joseph Beauvais, have been and are now the subject of several lawsuits, including:

  1. A Federal class action suit brought by at least ten named plaintiffs
  2. A civil lawsuit brought in US Federal District Court by at least six adoptive families
  3. And finally a criminal case currently being actively pursued by the Michigan State Attorney General.

1. The Federal Class Action Suit

The essentials of the class action suit, Heinrich et al v. Waiting Angels Adoption Services, Inc. et al. (Case No. 5:06-cv-00168-RHBter), filed in October 2006 by Fixel Law Offices of East Lansing Michigan in U.S. Federal District Court for the Eastern District of Pennsylvania on behalf of "ten named plantiffs" (all adoptive parents who were clients of Waiting Angels), is explained in the legal publication, Class Action Reporter, as follows:
"The suit specifically alleged violations of the federal
Racketeer Influenced and Corrupt Organization (RICO) statute, 18
U.S.C. Section 1961, and various other Michigan statutes and
common law doctrines.

[and...]

"The suit alleges the adoption agency defrauds vulnerable, would-
be foster [surely using the word "foster" here is a typographical error?] parents by demanding extra money for unspecified fees,
and threatening they will never get their babies unless they
pay."
Class action suits have their own special procedures beyond the usual ones for most law suits:

After the complaint is filed, the plaintiff must file a motion to have the class certified. In some cases class certification may require additional discovery in order to determine if the proposed class meets the standard for class certification.

Upon the motion to certify the class, the defendants may object to whether the issues are appropriately handled as a class action, to whether the named plaintiffs are sufficiently representative of the class, and to their relationship with the law firm or firms handling the case. The court will also examine the ability of the firm to prosecute the claim for the plaintiffs, and their resources for dealing with class actions.
It is not clear from public documents (at least those that we could find), what exactly the current legal status of the Waiting Angels Class Action suit is. If anyone has any information on this, especially in a publicly available form, we at Fleasbiting would certainly like to know.

Barring any real information, one could speculate that either the process to certify the class is ongoing or else, the plaintiffs failed to convince the court to certify the class so that the case could proceed as a "class action suit."

A link to the actual text of the Class Action suit as it was filed with the Federal Court is available both below and also here at Class Action Lawsuit: Heinrich et al v. Waiting Angels Adoption Services, Inc. et al. (Case No. 5:06-cv-00168-RHBter), October 2006 by Fixel Law Offices of East Lansing Michigan in U.S. Federal District Court

2. The Federal Civil Suit against Waiting Angels Services, Inc.

Whatever happened with the 2006 Class Action Suit against Waiting Angels, this much is clear: A Federal civil lawsuit was brought by the same plaintiffs plus an additional family which joined shortly after filing, using the same lawyers, on March 27, 2007. This second suit seems to be one and the same case in a slightly different incarnation, for certainly the cases have the same court case numbers and the texts of the complaints are almost exactly the same.

The families allege that they "have all been victims of fraud, misrepresentation, and various violations of Federal Laws." According to court documents the defendants are being charged with four counts (two against Waiting Angels as an entity, one against Boraggina and Beauvais as persons; one against both Waiting Angels and Boraggina and Beauvais) of a scheme to defraud, solicit bribes, extort, and defraud under the Federal RICO (Racketeer Influenced and Corrupt Organizations)Act; one count of unjust enrichment (Waiting Angels, Boraggina, and Beauvais); one count of conversion; one count of civil conspiracy; one count of concert of action; one count of fraudulent misrepresentation; one count of innocent misrepresentation; and finally one count of exemplary damages explained thus: "Defendants Waiting Angels, Boraggina and/or Beauvais representations were made intentionally and maliciously and have caused Plantiffs...to suffer humiliation, outrage, indignation, sleepless nights, and emotional distress.

As to the current status of this suit, the law firm maintains a public web page to apprise Waiting Angels families and the general public of the status of the law suit. This website explains the current status law firm that brought the suit on behalf of the families involved:

"After the police raid in April 2007 and while criminal charges were pending, the Plaintiffs in this lawsuit (6 families) were granted a Stay of Proceedings placing the lawsuit on hold until the completion of all criminal proceedings."
A PDF of the 2007 Civil Lawsuit Filed Against Waiting Angels in US Federal District Court is available online at Heinrich et al v. Waiting Angels Adoption Services, Inc., filed 27 March 2007 in US Federal District Court in the Western District of Michigan

3. The Michigan State Attorney General's Criminal Case Against Waiting Angels Services, Inc.

The allegations that resulted in the criminal case are easy to understand if you take the time to watch the four linked videos at the end of this blog post.

Anyone who wants to understand just how unprotected and at the mercy of entrepreneurial adoption agencies adoptive parents are in the current under- and un-regulated adoption climate in the US should definitely take the time to watch them. As the saying goes--a picture is worth a thousand words.

The latest video from the Detroit's Channel 4 Investigative Team gives the latest update on the criminal proceedings. Although the prosecutor on this video mentions a few of the crimes with which Boraggina and Beauvais are likely to be charged, to my knowledge no comprehensive list of these crimes has yet to be published (again someone please correct me if I'm wrong).

According to an update to the lawsuit information page referenced earlier, the status of the criminal case as of October 16, 2007 was as follows:

"Preliminary Hearings were held for Joe Beauvais and Simone Boraggina on September 10 & 11, 2007. The Michigan Attorney General's Office was successful in convincing the Macomb County District Court that probable cause exists and Joe & Simone were bound over to the Macomb County Circuit Court to face criminal charges. Details are not yet known but there will be an arraignment hearing later and a future trial date will be set."
Of interest, in the last Channel 4 video update was Simone's lawyer's plea to the judge to please let Simone, as she awaits criminal trial, forego her court ordered house arrest and tether, so that she could "return to night club dancing" as that was her only means to support herself now that she had lost her only other means of support.

The unsympathetic judge said, "NO WAY."

What I want to know is why the Waiting Angels Services, Inc. web site advertising Simone and Joe's business is still up on the internet. Are they still fielding adoption inqueries from PAP's?

Desiree

News Video Announcing Arrest of Waiting Angels Principals:
Rescue 4 Undercover: Arrests Made in Adoption Case, Channel 4 Detroit, arrest and search

New Video Showing Confrontation with One of Waiting Angels Principals:
Rescue 4 Undercover: Karen's Confrontation, Channel 4 Detroit, short confrontation

News Video Detailing Waiting Angels' Alleged Modus Operandi:
Rescue 4 Undercover: The Desperation Behind Selling a Baby, Channel 4

News Video (which is mostly audio) in which Attorney General Mike Cox Alleges What Joe & Simone were doing and what he intends to do as Attorney General in Response:
Adoption Scam, 9 & 10 News.com, 4 May, 2007

Most Recent News Video Showing First Day of Trial:
Rescue 4 Undercover: Waiting Angels Adoption Scam, Channel 4 Detroit, 13 Sept 2007

Law Firm Summary of Earlier 2006 Class Action Law Suit against Waiting Angels: The Quisenberry Law Firm Newswire, Michigan, "Class Action Says Adoption Agency Just Keeps Demanding More Money," 23 October 2006

IBL, Class Action Reporter, Headlines List, alphabetical under W for Waiting Angels (scroll down for a detailed summary), 27 Oct 2007

PDF of Class Action Law Suit Filed Against Waiting Angels with US Court:
Class Action Lawsuit: Heinrich et al v. Waiting Angels Adoption Services, Inc. et al. (Case No. 5:06-cv-00168-RHBter), October 2006 by Fixel Law Offices of East Lansing Michigan in U.S. Federal District Court

PDF of 2007 Lawsuit Filed Against Waiting Angels with US District Court:
Heinrich et al v. Waiting Angels Adoption Services, Inc., filed 27 March 2007 in US Federal District Court in the Western District of Michigan

Legal Counsel's Summary and Update Page for Waiting Angels Lawsuit: Waiting Angels FAQ: Waiting Angels Litigation, Fixel Law Offices, last updated 12 September 2007

And the Adoption Agency's own website, still up and running and advertising adoption services:
Waiting Angels Adoption Agency Website

Friday, September 14, 2007

India: Baby Farming for Domestic Adoption Using Young Household Servants

An investigative team from CNN-IBN in Delhi, India has uncovered a trafficking scheme in which impoverished rural village girls, many of them tribals, are being recruited by employment agencies who ostensibly place them in larger cities as domestic servants. Subsequently cut-off from contact with their village families, the girls also fall victim to a much more sinister, profitable (for the agency) scheme.

According to allegations, the girls, while working for minimal or non-existent pay, also reportedly become unwilling baby-producers for the placement agency. Reportedly arranging to have the girls raped so that they become impregnated, the agency supposedly continues to monitor the girls (who continue working as domestic servants) as the babies are gestated. When the girls give birth, the newborns are, according to news reports, taken by the placement agency and sold on India's thriving domestic adoption black market.

The racket was busted when, after receiving a "tip-off," two members of CNN-IBN's Special Investigation team posing as an adoptive couple wanting a baby for domestic adoption, visited a particular Delhi placement agency with a hidden camera.

While negotiating a price for a baby, the investigative couple met both the mother of a child who had previously been adopted out and also the midwife who had delivered her baby 20 days earlier. During the meeting, the midwife and the agency representative, with the mother in question looking on, had a disagreement about the mother's age--was she or was she not an minor?

Apparently the CNN-IBN investigative team later followed up with the midwife who told them not only that the mother was a minor but also that:

"They [the placement agency] have been involved in getting young girls pregnant, making them give birth to children. Whoever they give the baby to, they take a lot of money from them."
The midwife insisted that she had been "smelling a rat for some time."

The investigative team called the local police who proceeded to conduct a raid. With information from the midwife, the police and the investigative team were able to locate the family who had bought the young mother's baby.

"The family [who had adopted the baby] claimed that they had no clue as to where the baby had come from. According to them, they collected the baby from the chamber of a lawyer..."
The infant was taken into protective custody.

Police subsequently returned to the placement agency. By day's end, they had arrested and/or taken in for questioning, the placement agency director and some agency personnel, the young mother, and the adoptive family. The lawyer who supposedly effected the transfer of the infant from agency to adoptive family was also located, but denied all knowledge of the situation.

The racket and similar ones involving other placement agencies, are being investigated by Delhi police. According to press reports, since the original arrest, several other young women who were being similarly exploited as baby producers have been taken into protective custody.

At last press report, according to North-West Delhi DCP (Deputy Commissioner of Police--the ranking police chief of the area), the crimes that were to be booked in the case included kidnapping, rape, confinement, abduction (of the baby), intimidation, and the intention to commit all the above crimes.

The discovery of this racket has created special concern among those on the Delhi Child Welfare Committee. They have "asked for strong action against the culprits."

The racket has also created serious public concern in India, bringing into sharp public focus at least three related areas of concern--areas of concern that have helped make possible the exploitation of these minors as baby-producers for the adoption market:
  • the activities of placement agencies who routinely comb villages to recruit older children

  • the plight of domestic servants within India

  • the adoption climate--the market for and supply of adoptable children within India

  • and finally, the state of Indian laws that govern these activities
This blog post will look quickly at each of these concerns so as to better understand the news story.

According to news reports, an abundant number of placement agencies recruit children, mostly from rural areas, to work in larger nearby cities, most often as domestic help. Many of these placement agencies are not registered businesses, but rather transient entrepreneurial "mom and pop" operations run by a husband and wife team. Most placement agencies are not registered businesses; most do not keep records of their own activities. Many hire young tribals as agents to go from village to village to find the child workers and are paid according to the numbers of children they find.

"Supplying child laborers as domestic workers is big business for agencies in Delhi.
Once taken from their villages, the working children and their families are frequently, purposefully cut-off from communication with each other. A placement agency calling care is the only way parents have to trace their child and check on his or her whereabouts and safety. However, when an anxious parent concerned by the lack of subsequent to work placement communication from his or her child calls to check on the child, the parent is shocked to discover that either the calling cared phone numbers do not work at all or else the person on the other end of the line has no information on the child--in fact, he/she has never heard of the child. Concerned parents who continue to trouble agencies about missing children often meet not only with non-cooperation, but also threats.

One press report tells of a man named Ghusari who is missing both a son and a daughter:

The agent took my daughter later he threatened me that if I register a complaint with the police, I will not be able to see my daughter ever again.
In spite of nasty threats like these and a police force that is not always kindly nor responsive to the concerns of impoverished rural folk, rural parents DO file police reports asking for help in finding missing children taken by recruiters.

"The list [of missing children taken by recruiters] available with CNN-IBN shows that over 700 children are missing from Sarguja district in Chattisgarh. And this village, Cheerapara, is missing no less than 64 of its children....
What are the chances that these parents will see never see their children again? Father Theodore Lakda, director of an NGO which rescues children trafficked from Chattisgarh reports that 20-30 percent of the children taken by recruiters will never be seen again.

Some who manage to come home again, tell of long work hours, abuse, and all too often of failing to get paid for the work they have done. As for justice for these children and their families, it is rare.

In the last two years, reports of crimes committed against domestic help, many of them young people, have increased by forty percent, but during the same period, conviction rates for the same have stayed steady at ten percent of the total.

"Many activists feel believe that there's a predominant feeling within the civil society that because it's a domestic help--perceived to be a helpless creature--anyone can get away with anything. 'Yes, they sometimes feel that they are feeding and clothing a young person and there is no control or no standards imposed. They don't pay the salaries of these people; it's a total question of bonded labor.'

--Leila Baig of the domestic arm of CARA.
It is in this climate of exploitation, injustice, and disregard for basic human rights that the racket of exploiting young domestic servants to involuntarily produce adoptable babies for the black market takes place.

But what of the adoption climate in India?

According to Western popular knowledge and press reports, India is fairly overflowing with adoptable young infants--so many infants that Western adoption agencies beg for parents for these children. In such a climate, why would there be an adoption black market? Why, if there is an overabundance of adoptable infants, would anyone bother to gestate yet more adoptable babies and in a way that was clearly criminal--and so put themselves in danger of criminal prosecution?

With some thought we could imagine many possible answers to this question--perhaps Indians don't like the formal process for one reason or another, perhaps some people are shut-out of the process for one reason, perhaps the cost of a formal adoption is too high, or perhaps some people want to adopt in such a way that their adoption is secret or hidden, etc. etc. etc.

Rather than speculate as to the reasons why someone would go to the trouble of hatching such a scheme if the country were overflowing with adoptable babies, let's let an expert on Indian adoption--an official spokesperson of the Indian government's agency charged with overseeing and regulating the adoption of Indian children both domestically and abroad, answer the question herself.

Leila Baig, Secretary of CEVARA (the Central Voluntary Adoption and Resource Agency), a domestic arm of CARA (Central Adoption Resource Agency), was a guest on a segment of CNN-IBN's Sunday Special, an in-depth TV show that examines critical issues in India. The show's host posed this question:

'Just why do such cases [of exploiting minor domestic help to gestate babies for the adoption trade] happen? Are laws--or the lack of them--to blame? Is that the reason why trafficking of children is now becoming a part of adoption practice in the country [of India]?'

And Leila Baig of CARA answered thus:

"It's not entirely adoption laws which are at fault over here but there is a huge demand for children now. There aren't enough children coming into the regulated system."
A "huge demand for children now?"

"There aren't enough children..."??

Hmm....how interesting.

And it comes straight from the lips of a CARA official. You can watch the video yourself by clicking on one of the links below.

Demand for legally adoptable infants exceeds supply.

Something that we who have been watching the adoption climate in India--both domestic and international--have suspected for some time.

It could make sense of a good many things.

More on this later in another post.

Desiree

Initial Video Which Broke the Story:
Exposed! Delhi's Baby Sellers Exploit Minors, IBNLive.com, 2 Sept 2007

Corresponding Text:
Exposed! Delhi's Baby Sellers Exploit Minors, IBNLive.com, 2 Sept 2007

A Series of Four Videos which comprise CNN-IBN's Sunday Special "Babies for Sale" (a longer investigative TV format looks at the issue in more depth and with expert guests):
Video Part I--Babies for Sale, CNN-IBN's TV show Sunday Special, IBNLive.com, 2 Sept 2007

Video Part II--Babies for Sale, CNN-IBN's TV show Sunday Special, IBNLive.com, 2 Sept 2007

Video Part III--Babies for Sale, CNN-IBN's TV show Sunday Special, IBNLive.com, 2 Sept 2007

Video Part IV--Babies for Sale, CNN-IBN's TV show Sunday Special, IBNLive.com, 2 Sept 2007

Corresponding texts for four part video report:
Text--Minor Mothers: Ill-Fated Girls Pawns for Sex-Racket, IBNLive.com, 3 Sept 2007

Domestic Help: How Trafficking Takes Place?">Domestic Help: How Trafficking Takes Place?, IBNLive.com, 2 Sept 2007

Follow up report:Welfare Board Takes Abused Minors into Protection, IBNLive.com, 2 Sept 2007

Friday, September 07, 2007

China: Police Bust Baby Trafficking Ring

Chinese government officials announced on Friday 7 September 2007 that they had busted a child trafficking gang in Yunnan province in southwestern China, arresting a total of 57 gang members, 47 in Yunnan province and 10 in Shandong province.

Nanding railway police had been investigating the ring for more than three months. The police had became suspicious of four women traveling together, each with newborn babies, and each failing to breastfeed the infants on a trip from Kunming, capital of Yunnan, to Nanjing. The four women were taken into custody for questioning and one of the women confessed to having bought the infants. She said that she and two other suspects had been buying babies from Yunnan province since 2005; her husband and ten other "human traders" had responsibility for selling the babies in Shandong province. Based on this information police uncovered the wider child trafficking ring.

There was no suggestion that any of the babies were meant for foreign adoption.

--from Javno.com's article as listed below
Indeed it appears that all the babies, who were about one month old at the time of their transportation, were trafficked to adoptive families within China.

According to one news article, according to details released by Chinese officials, baby girls were usually bought for 1,500 yuan (US $200) and sold for 8,000 yuan (US $1,067 ); baby boys were normally bought for 8,000 yuan (US $1,067) and sold for 20,000 yuan (US $2,667). Children were apparently bought in the rural Gejiu region of Yunnan and sold in the rural areas around Shandong's Tancheng city.

However, according to another report, it was not necessarily clear that the children had been bought:

The report did not say whether the natural parents had sold the children or were victims of abductions. Child trafficking cases in the past have involved both payment and abduction.

--from Javno.com's article as listed below
The particular gang of women and traders arrested on the train had "bought 27 newborn babies in Yunnan during 16 trips and then sold them in Shandong."

However, investigators believe that the larger gang had bought and sold more than 60 babies over the last 2 years. Officials have thus far "recovered" more than 40 of these children from the families to whom they were sold and are attempting to "recover" the rest.

As to the domestic adoption market within China:

China has a thriving trade in babies that are stolen or bought from poor families and then sold to couples who want another child, a servant or a future bride for a son.

--from the Pravda article as listed below
In regard to past child trafficking arrests in China:

In another high-profile scandal that exposed the rampant trafficking of children in China, 54 people in southern Guangxi region were convicted in 2004 of trafficking 117 girls.

That case broke when police found 28 drugged and tied-up baby girls--none over three months old--in bags on a bus bound for nothern [Chinese] cities.

At least three people were executed in the case, while more than 100 people outside of Guangxi were arrested for buying the children.

--from the Herald Sun article as listed below
Desiree

Gang Trafficking Over 60 Babies Cracked, China Daily.com, 7 Sept 2007

China Police Break Baby Trafficking Ring, The Associated Press, 7 Sept 2007

Baby Trafficking Ring Busted, Herald Sun (of Australia), 7 Spet 2007

China Cracks Suspected Baby Trafficking Gang, Javno.com, 7 Sept 2007

Baby Trafficking Ring Destroyed By Police in China, Pravda, 7 Sept 2007

And 77 other articles, mostly repeats of AP articles, at Google News stories on China Baby Trafficking Ring

Thursday, August 23, 2007

Two Countries, One Plea: Follow Our Laws

Only a handful of U.S. immigrant orphan visas have been granted to children from Kenya and Zambia. Both countries have relatively stringent adoption requirements, including lengthy residence requirements (3 months minimum in Kenya, generally 3-12 months in Zambia).

Both countries are relatively untapped markets for U.S. adoption agencies. It’s almost instinctive to think that in countries where so few children are sent abroad for adoption and where child welfare needs presumably are great, only true orphans will be processed. But it is also a truism that where international adoption and high fees are at the ready, trafficking proliferates.

In Zambia, recent reports announce a scam in which children were flown out of Zambia without following proper adoption procedures. According to Community and Social Welfare Minister, Catherin Namugala, several children have been withdrawn from American nationals because their adoptions were not legally binding; over 17 children have already been adopted and taken out of the country without the consent of the government.

According to one report, Namugala

emphasized that her ministry was not against the adoption of children but the manner in which it was done and appealed to those wishing to adopt children to follow the right procedure. The minister said it was shocking that some orphanages were busy arranging the adoption of children at a fee disregarding the laws of the land.
Profit at the expense of the welfare of children and their families.

Reports are also coming out of Kenya of a child trafficking ring busted in Bomet. Approximately eleven children who were destined for “ready markets” were rescued from traffickers. The children were allegedly sold for between Sh20,000 (approximately $300 USD) and Sh30,000 (approximately $450 USD) depending on their age. At least seven have been arrested in connection with the investigation.

An administrator in the area is reported to have said,

“The law is clear on adoption. People should follow right channels of looking for children instead of fueling the illegal trade.”
Two different countries, two common themes: Despite clear adoption laws, the laws are not followed, resulting in a trade in children for profit.

Simply relying on agencies alone to be familiar with a country’s laws AND TO FOLLOW THEM is not enough. Regardless of shelling out thousands of dollars for "full service," prospective adopters must independently research a country’s adoption laws and be wary of being offered shortcuts. Blind trust risks breaking many hearts.

Usha

U.S. Statement Department Intercountry Adoption Summary for Zambia, U.S. Department of State website, last visited August 23, 2007

U.S. State Department Intercountry Adoption Summary for Kenya, U.S. Department of State website, last visited August 23, 2007

Namibia: Zambia Smashes Adoption Scam, The Namibian (reported on allafrica.com), August 13, 2007

Zambia smashes scam illegally adopting children, People's Daily Online, August 12, 2007

Kenya: Police Rescue 11 Minors From Traffickers in Bomet, East African Standard (reported on allafrica.com), August 17, 2007

Kenya: Child Trade Ring Couple Held, The Nation (reported on allafrica.com), August 2, 2007