Blackmail and extortion are crimes that involve threats or manipulation to make an individual commit an act against their will. While some states use the terms interchangeably, blackmail and extortion are distinct crimes. Both involve coercion but in different ways.
Extortion: Involves using threats or force to get a victim’s property, money, or services. It can include threats of violence, property destruction, or misuse of government authority.
Blackmail: Doesn’t involve physical threats. Blackmail typically involves someone threatening to reveal embarrassing or damaging information about another person unless they receive what something in return for their silence or suppression of such information. Usually a blackmail perpetrator wants money or services in return for the suppression of information. The threat is to the victim’s reputation, relationships, or career.
Both crimes can lead to charges under state law, but they can also result in federal charges with significantly harsher penalties. Because these cases are complex, consulting an elite, experienced criminal lawyer is crucial if facing federal or local charges for blackmail or extortion.
Federal Blackmail Law
For blackmail to be charged as a federal crime, certain elements must be present:
- The defendant must demand or receive something valuable from the victim, such as money.
- The defendant must threaten to reveal or withhold information about a violation of federal law.
- The threatened information must pertain to a federal crime. Simply threatening to reveal embarrassing but non-criminal behavior doesn’t qualify under federal blackmail law.
- In other words, demanding something of value in exchange for silence about a federal crime can be considered federal blackmail.
Extortion, on the other hand, covers a broader range of criminal activities. Only specific types of extortion and threats fall under federal jurisdiction. These include extortion by federal employees, mailing threatening communications, threats against former Presidents, and threats or extortion involving foreign officials.
Example of Federal Blackmail
Imagine an employee discovers their boss is involved in illegal financial activities. If the employee reports this to the authorities, only the boss will face the consequences, not the employee. However, if the employee threatens to report the boss unless they turn themselves in, this doesn’t count as federal blackmail because there is no demand for something of value.
If the employee demands $2 million to keep quiet about the boss’s illegal activities, that would be considered federal blackmail.
The justice system takes such violations extremely seriously. If federal prosecutors charge the employee with federal blackmail or extortion crimes, the employee could face severe penalties, impacting their freedom, finances, and future. They would be in serious legal jeopardy. The involvement of interstate commerce can further escalate the situation due to its broader economic implications, underscoring the gravity of the situation.
Navigating blackmail or extortion charges at the federal level requires skilled legal assistance. These laws are complicated and vary from case to case based on specific facts and circumstances of each individual case.
Depending on the case and the defense attorney’s skill and expertise, sentencing alternatives like probation or fines might be available. It’s crucial to understand that while reporting federal law violations is protected, using such information for personal gain is a serious, punishable offense. This distinction is essential to be aware of.
Federal Extortion Statute
What Is the Hobbs Act? The Hobbs Act is a critical federal law used to prosecute most extortion cases. Initially aimed at combating organized crime, federal prosecutors now use it for commercial disputes and public corruption.
The Hobbs Act defines extortion as “obtaining property from another, with their consent, gained through threats, harm, violence, fear, or misuse of official power.” Being accused of extortion under the Hobbs Act can be daunting, especially if you have never faced criminal charges. However, to be charged with violating the Hobbs Act is an extremely serious matter with very serious consequences. Consulting a premier fraud attorney experienced in both state and federal cases is essential to defend against such charges.
Penalties for Federal Blackmail and Extortion
Under federal law, blackmail is classified as a misdemeanor. If convicted, you could face up to a year in federal prison, a fine of up to $100,000, or both.
Federal extortion, on the other hand, carries significantly harsher penalties. Depending on the case’s specifics, the Hobbs Act can impose prison sentences of up to 20 years, a stark reminder of the severe consequences of such actions.
The exact sentence will depend on factors outlined in the United States Sentencing Guidelines. It’s important to note that a federal judge has considerable discretion in determining the sentence, ensuring that each case is considered on its own merits, including the details of the crime, the defendant’s criminal record, and any mitigating factors related to the defendant’s background and character.
Chapter 18 of the US Code covers extortion and threats and includes other crimes like mailing threatening communications or using interstate communications for extortion. Using the postal service to threaten or extort money can lead to severe penalties.
Blackmail and extortion cases can be prosecuted under state or federal law. Federal authorities are more likely to handle cases that cross state lines, involve federal law, or where state-level prosecution is insufficient for federal interests.
Why Do You Need a Skilled Blackmail and Extortion Lawyer?
Facing federal charges for extortion or blackmail can lead to serious legal jeopardy and severe penalties if convicted. An expert lawyer specializing in federal criminal defense can best help navigate such cases when dealing with the fierce prosecution that is certain to ensure. If you are convicted, an elite, expert federal attorney like Nabeel Kibria of Ervin Kibria Law, will work to try and secure a sentence that avoids prison.
Our elite federal attorneys are also prepared to take your case to a federal jury trial if needed. At Ervin Kibria Law, we have a strong record of defending people accused of federal crimes. We will vigorously represent you throughout every stage of your case.