Did the defendant use the victim’s fear of physical injury or economic hardship to persuade him or her to give up property?.Did the defendant issue threats or attempted threats to influence a victim to give up property or property rights?.Grand jury indictments are essential for federal felony cases, and the Justice Manual covers questions that grand juries must be able to answer affirmatively to indict under the Hobbs Act: Most federal extortion cases are based on the Hobbs Act, and defendants can receive hefty fines and prison sentences up to 20 years. The typical racketeering practices of demanding protection money can be prosecuted as federal cases under the Hobbs or RICO act. Threats made by phone, internet or mail can also be federal extortion crimes. Cyber extortion includes threats of shutting down a website or posting confidential information about the company or its customers. Applicable to mail and internet communications, the Travel Act is one of the tools for fighting organized crime.įederal extortion charges can also stem from the RICO Act, which is when someone engages in racketeering activities – such as kidnapping, gambling, murder, drug sales, arson, bribery and other crimes across state or foreign borders. The law prohibits travel to other states and jurisdictions to engage, promote or discuss racketeering enterprises. The Travel Act, Section, has a long reach for racketeering violations. The federal extortion law has broadened to include cyber extortion, extortion across state lines and threats to federal officials for favors or services. The Hobbs Act prohibits extortion that affects foreign or interstate commerce. Generally, the Hobbs Act, Travel Act and RICO Act define federal cases of extortion. Federal extortion cases require more elements to qualify for prosecution.įederal extortion cases require the use of interstate communications to make a threat in exchange for money or performing a service or benefit.ĭirect threats to federal officials to receive a benefit can also be prosecuted under federal law. Subtle types of extortion are common, but the crime violates the law in every state. Examples include mobsters demanding protection money or extorting a juror in a criminal’s trial to hold out for a “not guilty” verdict. What Is Extortion? + Laws, Charges & Statute of LimitationsĮxtortion is simply defined as threats used to cause victims to surrender, money, valuables, favors or influence.
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