Date: Thu, 8 Feb 2007 23:05:39 +0200

From: Tsachi Keren-Paz

Subject: Trafficking in Persons: Conversion and Tracing

Dear all,

I am interested in the question whether a victim of sex-trafficking can sue the trafficker in conversion for 1) the sex worker's fee taken by the trafficker; 2) money received by the seller of the victim from her buyer. I am also interested in the question what rules of tracing will apply with respect to these claims, when the trafficker's profits are forfeited by the state and arguably the money taken from several victims (and possibly from sex workers who are not victims, and from the trafficker's other assets) is mingled. Finally, I am interested in the relationship between the victim's claim for restitution and the state's forfeiture, including possible defenses to the state which are based on unjust enrichment law.

Any suggestions for relevant authorities and resources on these matters from your (or other) jurisdictions?

Tsachi Keren-Paz
Faculté de droit de l'Université de Montréal
Pavillon Maximilien-Caron, bureau A-7450,
3101 chemin de la Tour
C.P. 6128, succ. Centre-Ville
Montréal Québec Canada
Phone: 514-343-7211 (w) 514-489-2871 (h)

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