Date: Fri, 9 Feb 2007 16:28:06 +1100

From: Neil Foster

Subject: Trafficking in Persons: Conversion and Tracing

Dear Tsachi;

A fascinating question. I will stick my head up and say, however, that a claim for money (however illegally paid or contrary to public policy of some sort) doesn't sound like it would be made in conversion, does it? Unless there is some attempt to retrieve the actual bank notes etc? That is, isn't conversion a claim in relation to chattels?

I may be just showing my ignorance, of course. But it seems to me the claim is going to be much more clearly in the area of some form of unjust enrichment, rather than the tort of conversion.

Regards
Neil F

Neil Foster
Lecturer
School of Law
Faculty of Business & Law
University of Newcastle
Callaghan NSW 2308
AUSTRALIA
ph 02 4921 7430
fax 02 4921 6931

>>> Tsachi Keren-Paz 9/02/07 8:05 >>>

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?

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