Forced Labor—Kaufmans

Arlan D. Kaufman and his wife Linda J. Kaufman have been convicted on federal abuse and forced-labor charges.^[1] The two were arrested just over a year ago on a criminal complaint that alleged that residents of Kaufman House Residential Group Treatment Center, Inc. in Newton, Kansas, were forced to work on the Kaufmans’ farm, and that they suffered other abuses while in the Kaufmans’ care.^[2]

Six years ago, the Butler County Sheriff’s Department was called to the farm based on a citizen complaint that individuals were working outside in the nude.^[3] Other incidents contributed to a “climate of fear”:

• Using a stun gun on a resident’s stomach, testicles, and feet in the presence of other residents;
• Videotaping resident group sessions in which the residents were nude and were asked to masturbate or touch the genitals of other residents;
• Punishing residents by withholding clothing; and
• Discouraging residents from contacting friends and family.^[4]

The Kaufmans were charged with conspiracy, forced labor, involuntary servitude, health care fraud, mail fraud, false documents, and obstruction of a federal audit.

Conspiracy
We have previously discussed conspiracy here.

Forced Labor
Under 18 U.S.C. § 1589, it is a crime for a person to knowingly obtain the labor of a person by threats of serious harm against that person, or by means of a scheme to make that person believe he would be harmed. The punishment for a violation of section 1589 is a fine, imprisonment for up to 20 years, or both.

Involuntary Servitude
Under 18 U.S.C. § 1584, it is a crime for a person to “knowingly and willfully” hold another person to involuntary servitude for any length of time. The punishment for a violation of section 1584 is a fine, imprisonment for up to 20 years, or both.

Health Care Fraud
Under 18 U.S.C. § 1347, it is a crime for a person to execute a scheme or artifice to defraud any health care benefit program, or to obtain, by false pretenses, any money from a health care benefit program. A violation of this section can be punished by a fine, imprisonment for up to 10 years, or both.

Mail Fraud
We have previously discussed mail fraud here.

False Documents
Under 18 U.S.C. § 1035(a)(2), it is a crime for a person, in any matter involving a health care benefit program, to use any materially false document in connection with the delivery of or payment for health care benefits or services. A violation of this section can be punished by a fine, imprisonment for up to 5 years, or both.

Obstruction of a Federal Audit
Under 18 U.S.C. § 1516(a), it is a crime for a person who has the intent to deceive or defraud the United States to endeavor to influence, obstruct, or impede a Federal auditor in the performance of official duties relating to an entity receiving in excess of $100,000 from the United States. The punishment for a violation of this section is a fine, imprisonment for up to five years, or both.

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[1] US Attorney’s Office, Newton Couple Convicted of Abusing Mentally Ill Patients, Nov. 7, 2004, available here.
[2] Id.
[3] Id.
[4] Id.