United States of America v. thuy Tien Luong

Charlotte, North Carolina criminal defense lawyer represented the Defendant charged with forced labor in violation of 18 U.S.C. 1589.



The Government named Luong in a one-count Superseding Indictment filed in the Western District of North Carolina in December 2020. The indictment charged Luong with forced labor in violation of 18 U.S.C. § 1589. It alleged that she obtained the labor or services of the Victim, by means of force, threatened force, serious harm, threats of serious

harm, abuse and threatened abuse of law and legal process, and scheme, plan, and pattern of conduct that intended to cause the Victim to believe that if the Victim did not work for Luong, the Victim would suffer serious harm. The offense purportedly began around October 2016 and continued through June 26, 2018. After a five-day trial, a jury returned

a guilty verdict against Luong. We relay the relevant evidence presented to the jury during the Government's case-in-chief and Luong's defense.



At the close of the Government's case, Luong moved for judgment of acquittal under Federal Rule of Civil Procedure 29, arguing the evidence was insufficient to support a conviction. The district court denied the motion and found that a reasonable jury could find beyond a reasonable doubt each element of the forced labor offense.



Luong presented a defense at trial and testified before the jury. She denied the Victim's accusations of physical abuse, to include the assault from June 2018, pouring acetone on her head, beating her with a broom, and striking her with nail tools. She also denied the Victim's claims of manipulation to enforce a $180,000 debt contract for poor

work performance and threatening legal process for failing to repay it. She said that around spring 2018, she had developed concerns about the quality of the Victim's work. She told the Victim she wanted to ask Aunt Mai for help to get the Victim working properly, but she never used this as a threat to keep the Victim working at the salon. She also tried to justify her violent behavior by explaining that she was under pressure at work and lost control of her actions.



The jury convicted Luong. In April 2021, a government agent interviewed the Victim and observed scars on her back, arm, and chest. When asked where she got the injuries, the Victim said "Luong,” accompanied with a "stabbing motion with her hand.”

Defendant's conviction was affirmed bu the sentence was vacated and the case was remanded for resentencing.