[This complaint is being brought against Michael Geilenfeld, Director of the St. Joseph's Orphanage known as St. Joseph's Home for Boys at Delmas 91 in a civil action, Walnes Cangas, Assistant Director at the Home, Renee Dietrich, Director of the Wings of Hope Orphanage located in Fermathe, John Duarte, Financial Supporter for the Home for Boys, Bill Nathan and Phillip Norris. The following crimes have also been included in the complaint: Breach of Trust, Sexual Assault, Rape, Physical Abuse, Fraud, Abuse of Authority, Abuse of Drugs and Drug Abuse, Molestation and finally human trafficking for the purpose of sexual exploitation.]
FULL TEXT of Criminal Complaint:
54 Avenue Lamartiniere
February 11, 2014
The Honorable Judge of Port-au-Prince, in the Hall of Justice,
Messrs. Emile Millien,
Sean Roubens Jean Sacra,
Jean Rony St.-Victor,
Jean Dume Viard,
All individuals residing and working both in Haiti and abroad and were identified by passport numbers and National Identification Numbers as follows: CG 1952923; PP1907645 ; 08-01-99-1981-12-00300; 004-865-652-2, 01-03-99-1979-07-00170; 007-676-747-2, 01-01 - 99 - 1979-1905 -00185; 003-873-329-2,
being represented by members of the Cap-Haitien, Haiti, Bar : Emmanuel Jeanty and Herode Charnel and by members of Port-au-Prince Bar, Aviol Fleurant, Michel Ange Asse with the following I.D. and Tax I.D. : 006-570-207-6, 03-01-99-1974-12-00030, I-3022310, A0518491; 006-651-413-4; 03-01-99-1983-05-00034; I-2752737; 003-611-689-3, 1155806, 80948031; 001-116-856-2,1321055, 80974726, with a proper mailing address for service in Cabinet Fleurant located at 54 Avenue Lamartinière (Bois Verna), Port-au- Prince, Haiti ;
In honor to explain you :
1- Briefly identify the parts of this complaint, and to put into context how the people lodging the complaint were involved :
The individuals were under the care of Michael Geilenfeld, a missionary of American nationality, and residing at his orphanage called St. Joseph's Home for Boys located at Delmas 91. They have all either been raped or attempted to be violated by either Mr. Geilenfeld or his executives who had a heavy responsibility to ensure the children in his custody were properly raised and educated.
Simply put, their stay at the orphanages run by this individual was hell. Geilenfeld used several tricks to silence his victims and keep them quiet through the years.
These included threats and intimidation by promising to kick them out into the street, corruption of a minor, drug use, prison, and a series of threats that would discourage the victims to ever file a complaint against him.
Geilenfeld would hold the court for justice, and he stated justice belonged to those with the money, and that "every man has his price".
This complaint is presented as a civil suit against Michael Geilenfeld, Director of the St. Joseph Home for Boys orphanage, on Delmas 91; Walnes Cangas, Assistant Director at the home for boys, Renee Dietrich, Director of Wings of Hope orphanage, which is included in the St. Joseph Family of Homes network located Fermathe; John Duarte, financial supporter for the home for boys; Bill Nathan and Phillip Norris.
This complaint is also lodged against them for the following charges: Breach of Trust, Sexual Assault, Rape, Physical Abuse, Fraud, Abuse of Authority, Abuse of Drugs and Drug Abuse, Molestation and finally for Trafficking in Human Beings for the purpose of Sexual Exploitation.
Many people will attest to the truth of the facts of what actually occurred in the orphanages of the St. Joseph Home for Boys of Delmas 91 and the Wings of Hope in Fermathe. The witnesses prepared to attest the facts in this first phase, are all the victims in this case, and in a second phase the following individuals are included:
Destin Jean Baptiste
Brunel, who is well known
Richy Ruiz, currently in custody at the National Penitentiary
2 . Illegal and detrimental acts of Geilenfeld and others :
Witnesses are willing to testify to the court of the illegal and detrimental acts Geilenfeld and his executives have done to them at a time deemed appropriate by the judge. They will present all the compelling evidence needed to render justice for all the Acts Against Sexual Freedom, Corruption of a Minor, Pimping, Trafficking in Human Beings for Sexual Exploitation, Attempted Murder, Drug Abuse and other acts proving that Michael Geilenfeld and his associates have carefully engineered the silence of the victims. Geilenfeld and his cronies have failed to protect and provide for the minors he was charged to protect. Geilenfeld sexually exploited and/or arranged to have other people who exploited the boys come to the home, spend time at the orphanage for an erotic romp or inappropriate touching of the male minors.
Children are turned into prostitutes and became possessions belonging to Geilenfeld. This is a practice that is incompatible with human dignity by all international standards. These orphans could not report the facts as they were relentlessly threatened by the all powerful missionary, who made the victims and his associates at both orphanages believe that he and his associates are above the law. Some of these children saw the missionary falsify official documents to travel with children out of Haiti, where they were then raped by Geilenfeld's friends.
In addition, it should be noted here that Geilenfeld was in fact a teacher, and had authority over the minors as the director for an institution for young orphans.
In an effort to prevent these crimes from being disclosed, they were threatened with false accusations against them concerning drug activity or conspiracy to imprison, as in the case where Geilenfeld falsely accused a victim [As was the case of VIARD accusing and imprison only because he wanted to disclosed the wrong doing at Saint-Joseph Home for Boys]. Sometimes employees are either injured or attempted to be murdered in the orphanage [As was the case of Brunel being jailed for trying to kill another child in the orphanage and seriously injured another employee in the home. Brunel was released a few days after the incident to the supervision of Geilenfeld. Geilenfeld has encouraged some of the children to commit crimes. [For example Richy Ruiz who is incarcerated in the Haitian National Penitentiary. He was arrested for being in possession of a gun that was used by bandits to murder a policeman. After being arrested, he stated that the gun he had in his possession was in fact owned by one of Geilenfeld's subordinate leaders of the home.]
In addition, a former resident of St. Joseph's Home for Boys named Destin Jean Baptiste, was nearly killed after being attacked by another one of Geilenfeld's subordinates after the subordinate was told Jean Baptiste was on his way to file a complaint against Geilenfeld. His attacker was arrested, but released a few days later without formal judgment for his crime.
Often, Geilenfeld invites children to participate in ceremonies that go against the boys faith. Geilenfeld made the funeral and burial for a dog named Micky a major ceremony. However, a child placed in particularly inhumane conditions and subsequently died after drowning, received no funeral. Geilenfeld sees the dog much more than the small Haitian who had to die due to negligence and recklessness. That unfortunate, physically challenged child was forced to fill a water tank from a water source located a few hundred meters from the orphanage, Wings of Hope.
The victims making the complaint, would like to remind the judge that Geilenfeld's group is extremely powerful, highly corrupt and bloody. The fact that their orphanage is still operating is only in the margin of law, since it does not have a license to operate in Haiti. The Institute of Social Welfare (IBSR) has sent a formal demand letter, dated January 31, 2014, referencing the Decree of December 22, 1971, and demanding the orphanage close it's doors. In that same letter, Ms. Arielle Jeanty Vildouin, Director of IBSR, listed a second reason they are demanding the closure of the orphanage. The letter notes the multiple claims against the morality of the conduct for the leaders of St. Joseph Home for Boys of Delmas 91. Due to the failure of moral conduct of the leaders of St. Joseph Home for Boys, the current young people residing at the home have no future and no hope.
3. Law and Cooperating Punishable Acts of Michael Geilenfeld and Associates:
The clauses 49, 50, 58, 63, 65, 78, 90 and following of the Law of August 7, 2001 on the Supervision and Control of Illicit Drug Trafficking, support victims in their efforts to see justice and look for the opportunity in their favor after their long obstacle course to seek justice. Many other victims promise to join the movement if justice is possible through public action against Geilenfeld, who has boasted he is untouchable in Haiti.
Haiti ratified a UN convention called " Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others " in 1949. This document states that prostitution is incompatible with human dignity, requiring all stakeholders to punish pimping, operators and owners of houses to close and abolish all special treatment in the registration of prostitutes.
Whether border security, drug trafficking and trafficking in human beings, in April 2013, these issues were made a priority by Secretary General of Interpol, Ronald K. Noble and the Minister of Justice and Public Security in Haiti, Jean Renel Sanon, the Director General of the Haitian National Police, Mr. Godson Orelus, and the Director of the School of Haitian Police, Jean Miguélitte Maxime.
In addition, the Article 71 of the Law of August 7, 2001 on the supervision and control of illicit drug trafficking threat: "The penalties provided for in Articles 47 to 56 shall be doubled when the offender,
* Belonged to an organized group or a criminal association;
* Participated in other illegal activities facilitated by the offense. The maximum penalties for offenses under this Act shall be doubled if the offender was a teacher or a police officer, a person responsible for the application of the Laws, a health professional or person responsible for the fight against abuse or illicit drug trafficking;
• Exercising public authority functions and the offense was committed in the exercise of those functions;
• Was invested with moral authority. "
In addition, the clause 78 below the title VII of the Act focused on CRIMINAL LIABILITY OF LEGAL PERSONS in this case relates that: « Legal persons, other than the State, on behalf or for whose benefit any of the offenses set forth in Articles 47 to 53, 57 to 59 and 62 has been committed by one of their associations or representatives of law or fact, shall be punished by a fine of a maximum rate equal to five times said the fines specified items, without prejudice to the conviction of individuals or accomplices to the offense.
They may also be sentenced to one or more of the following:
• the dissolution, if the corporation was created to facilitate the commission of any of the above offenses;
• permanent exclusion or for a period of 6 months to 2 years to exercise, directly or indirectly, certain professional or business activities;
• to close permanently or for a period of 6 months to 2 years, companies, subsidiaries, branches or establishments used to commit the offense;
• dissemination of the decision by the press or by any other means of audiovisual communication that contravenes a prohibition imposed under paragraphs 2 and 3 of this Article shall be punished by a fine of twenty thousand (20,000) to one hundred thousand (100,000) Gourds and dissolution of the corporation, or one of these penalties.
However, the penalty of dissolution is not applicable to legal persons under public law, political parties, unions.
The Article 90 of the said Act directs,
« In case of prosecutions for the offenses provided for in Articles 47-53 and 57-59 Dean of the Court of First Instance Territorial Jurisdiction, may request of the Ministry public order on a provisional basis for a maximum period of 3 months, renewable once the closure of a house open to the public or used by the public when these offenses were committed by the operator of the house or with its complicity. »
The decision may be appealed to the Court of Appeal within 10 days of its execution or of its notification to interested parties.
Supplementing the United Nations Convention against Transnational Organized Crime Protocol defines trafficking in persons as follows:
« The term " trafficking in persons " shall mean the recruitment, transportation, transfer, harboring or receipt of persons, by means of threat or use of force for the purpose of exploitation. »
The interpol and the decree of the National Assembly dated January 12, 2004 sanctioning the additional protocol to the UN Convention against Transnational Organized Crime recounts: « Trafficking in human beings is a form of international organized crime similar to modern slavery that brings in billions of dollars. It's victims are recruited and taken to a country or region to another by traffickers who use deception or coercion. They are deprived of their independence, their freedom of movement and their free will, and subjected to various forms of physical and psychological abuse. »
It also indicates that there are three  major forms of trafficking human beings :
• Trafficking for forced labor
• Human trafficking for sexual exploitation;
• Organ trafficking.
Whether Article 3 of the Decree of the National Assembly dated January 12, 2004 the sanctioning supplementing the United Nations Convention against Transnational Organized Crime on the terminology protocol states:
"For the purposes of this Protocol:
a) "Trafficking in persons" shall mean the recruitment, transportation, transfer, harboring or receipt of persons, by means of threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs;
b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph a) of this article shall be irrelevant where any of the means set forth in paragraph a) was used;
c) The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall be considered "trafficking in persons" even if they do involve any of the means set forth in subparagraph a) of this section;
d) "Child" means any person under the age of 18.
4. Application of Victims :
The complainants, all victims and witnesses require the Magistrate to proceed with the closure of St. Joseph Home for Boys of Delmas 91 and all other orphanages under the direction of Michael Geilenfeld. You are implored to take all necessary and legal measures to prevent Geilenfeld from leaving the haitian soil before a national court hands down a decision, in its favor, if possible. It will be just.
Sincerely. Emmanuel JEANTY, Lawyer. -