Difference between revisions of "Extortion" - New World Encyclopedia

Revision as of 20:18, 9 June 2007

Extortion is a criminal offense, which occurs when a person either obtains money, property or services from another through coercion or intimidation or threatens one with physical harm unless they are paid money or property. Refraining from doing harm is sometimes euphemistically called protection.

Definition

Extortion is obtaining money or property by threat to a victim's property or loved ones, intimidation, or false claim of a right.^[1] The full extent of the definition of extortion is dependent on what is encompassed in the specific state or nation's robbery laws, which traditionally cover violent seizure of property, whereas extortion is non-violent.

Extortion is defined in such a way as to exclude legal bargaining in which one side may threaten to remove their goods or services should the other side not comply with certain demands.

Extortion is commonly practiced by organized crime groups. The actual obtainment of money or property is not required to commit the offense. Making a threat of violence or a lawsuit which refers to a requirement of a payment of money or property to halt future violence or lawsuit is sufficient to commit the offense. The simple four words "pay up or else" are sufficient to constitute the crime of extortion. An extortionate threat made to another in jest is still extortion.

Types

Blackmail

Blackmail is act of threatening to reveal information about a person unless the threatened party fulfills certain demands. This information is usually of an embarrassing or socially damaging nature. The word is derived from the word for tribute paid by English and Scottish border dwellers to Border Reivers in return for immunity from raids. This tribute was paid in goods or labour (reditus nigri, or "blackmail"): the opposite is blanche firmes or reditus albi, or "white rent" (denoting payment by silver).

Many debt collectors have been accused of blackmail, but those pursuing legal debts are generally able to justify their threats of repossession because, even though unpleasant to the victim, this is a legitimate use of lawful civil law remedies. By contrast, those chasing illegal debts (a gambling debt, for example, which was not until recently enforceable under English law) who back up their demands with the threat of bodily injury cannot avail themselves of the same defence. There will also be liability even though the debts are legally owed if the menaces are of a criminal nature, e.g. of an assault or more serious violence or criminal damage. The offence criminalises the means adopted by the creditors as the social problem to be deterred, rather than the evasion by the debtors. The creditors are expected to use the standard judicial remedies to recover what is owing.

In a broader sense, blackmail is an offer to refrain from any action which would be legal or normally allowed, and is thus distinguished from extortion.

Electronic

In the United States, extortion may also be committed as a federal crime across a computer system, phone, by mail or in using any instrument of "interstate commerce." Extortion requires that the individual sent the message "willingly" and "knowingly" as elements of the crime. The message only has to be sent (but does not have to reach the intended recipient) to commit the crime of extortion.

Robbery

Extortion is distinguished from robbery. In "strong arm" robbery, the offender takes goods from the victim with use of immediate force. In "robbery" goods are taken or an attempt is made to take the goods against the will of another - with or without force. A bank robbery or extortion of a bank can be committed by a letter handed by the criminal to the teller. In extortion, the victim is threatened to hand over goods, or else damage to their reputation or other harm or violence against them may occur. Under Federal law extortion can be committed with or without the use of force and with or without the use of a weapon. A key difference is that extortion always involves a written or verbal threat whereas robbery can occur without any verbal or written threat (Refer to U.S.C. 875 and U.S.C. 876).

Usury

The term extortion is often used metaphorically to refer to usury or to price-gouging, though neither is legally considered extortion. It is also often used loosely to refer to everyday situations where one person feels indebted against their will, to another, in order to receive an essential service or avoid legal consequences. For example, certain lawsuits, fees for services such as banking, automobile insurance, gasoline prices, and even taxation, have all been labelled "extortion" by people with various social or political beliefs.

References
ISBN links support NWE through referral fees

Allen, Michael. Textbook on Criminal Law. Oxford University Press: Oxford. (2005) ISBN 0-19-927918-7.
Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977
Griew, Edward. Theft Acts 1968 & 1978, Sweet & Maxwell: London. ISBN 0-421-19960-1
Ormerod, David. Smith and Hogan Criminal Law, LexisNexis: London. (2005) ISBN 0-406-97730-5
Smith, J. C. Law of Theft, LexisNexis: London. (1997) ISBN 0-406-89545-7

External links

The Federal Bureau of Investigation

Credits

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↑ Extortion Law.com Retrieved June 9, 2007.

[1] Extortion Law.com Retrieved June 9, 2007.

[1]

@@ Line 3: / Line 3: @@
 [[Category:Law]]
-'''Extortion''' is a [[crime|criminal offense]], which occurs when a person either obtains money, property or services from another through coercion or intimidation or threatens one with physical harm unless they are paid money or property. Refraining from doing harm is sometimes euphemistically called ''[[protection racket|protection]]''.  Extortion is commonly practiced by [[organized crime]] groups.  The actual obtainment of money or property is not required to commit the offense.  Making a threat of violence or a lawsuit which refers to a requirement of a payment of money or property to halt future violence or lawsuit is sufficient to commit the offense.  The simple four words "pay up or else" are sufficient to constitute the crime of extortion.  An extortionate threat made to another in jest is still extortion.
+'''Extortion''' is a [[crime|criminal offense]], which occurs when a person either obtains money, property or services from another through coercion or intimidation or threatens one with physical harm unless they are paid money or property. Refraining from doing harm is sometimes euphemistically called ''[[protection racket|protection]]''.
+==Definition==
+Extortion is obtaining money or property by threat to a victim's property or loved ones, intimidation, or false claim of a right.<ref>[http://dictionary.law.com/default2.asp?selected=709&bold= Extortion] Law.com Retrieved June 9, 2007.</ref> The full extent of the definition of extortion is dependent on what is encompassed in the specific state or nation's [[robbery]] laws, which traditionally cover violent seizure of property, whereas extortion is non-violent.
+Extortion is defined in such a way as to exclude legal bargaining in which one side may threaten to remove their goods or services should the other side not comply with certain demands.
+Extortion is commonly practiced by [[organized crime]] groups.  The actual obtainment of money or property is not required to commit the offense.  Making a threat of violence or a lawsuit which refers to a requirement of a payment of money or property to halt future violence or lawsuit is sufficient to commit the offense.  The simple four words "pay up or else" are sufficient to constitute the crime of extortion.  An extortionate threat made to another in jest is still extortion.
 ==Types==
 ===Blackmail===
 Blackmail is  act of threatening to reveal information about a person unless the threatened party fulfills certain demands. This information is usually of an embarrassing or socially damaging nature. The word is derived from the word for tribute paid by English and Scottish border dwellers to [[Border Reivers]] in return for immunity from raids. This tribute was paid in goods or labour (''reditus nigri'', or "blackmail"): the opposite is ''blanche firmes'' or ''reditus albi'', or "white rent" (denoting payment by silver).
+Many debt collectors have been accused of blackmail, but those pursuing legal debts are generally able to justify their threats of repossession because, even though unpleasant to the victim, this is a legitimate use of lawful civil law [[judicial remedy|remedies]]. By contrast, those chasing illegal debts (a gambling debt, for example, which was not until recently enforceable under English law) who back up their demands with the threat of bodily injury cannot avail themselves of the same defence. There will also be liability even though the debts are legally owed if the menaces are of a criminal nature, e.g. of an [[assault]] or more serious violence or criminal damage. The offence criminalises the means adopted by the creditors as the social problem to be deterred, rather than the evasion by the debtors. The creditors are expected to use the standard judicial remedies to recover what is owing.
 In a broader sense, blackmail is an offer to refrain from any action which would be legal or normally allowed, and is thus distinguished from [[extortion]].
@@ Line 19: / Line 28: @@
 ===Usury===
 The term ''extortion'' is often used metaphorically to refer to [[usury]] or to price-gouging, though neither is legally considered extortion. It is also often used loosely to refer to everyday situations where one person feels indebted against their will, to another, in order to receive an essential service or avoid legal consequences.  For example, certain lawsuits, fees for services such as banking, automobile insurance, gasoline prices, and even taxation, have all been labelled "extortion" by people with various social or political beliefs.
-==In Law==
-===America===
-Extortion currently carries up to a maximum prison sentence of 20 years in most states and under Federal law.
-===England===
-Under s21(1) of the [[Theft Act 1968]] of [[English law]], a person commits the offence:
-:if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief:
-::(a) that he has reasonable grounds for making the demand; and
-::(b) that the use of the menaces is a proper means of reinforcing the demand.
-The Act uses the word "menaces" which is considered wider in scope than "threat" and involves a warning of any consequences known to be considered unpleasant by the intended victim. This covers the spectrum from actual or threatened [[violence]] to the victim or others, through [[Criminal Damage Act 1971|damage]] to property, to the disclosure of information. [[Homosexual]]s have frequently been subjected to blackmail, even though homosexuality is no longer illegal. In theory, this is becoming less of a threat as homosexuality, [[transsexualism]] and other non-standard sexualities are increasingly acceptable in [[society]]. But, in reality, the question is whether the individual is already "out." If their sexuality is already public knowledge, intended victims should not feel threatened by a menace to make another disclosure. The test is based on the victim's state of mind. If he or she is only known within a limited [[community]], a menace to disclose to parents or, possibly, [[employer]]s, could be considered threatening. Other pretexts for blackmail have included the threat to reveal [[adultery]] or criminal acts. But whatever the nature of the menace, it must be direct. Any vague [[threat]] to cause "something bad" to happen to some other person, except when certain demands are met, should not affect the mind of an ordinary person.
-Commercial blackmail has become more common. This arises when a large commercial organisation receives credible information that it will suffer loss or damage in a particular way unless money is transferred. There are two major areas of threat:
-*[[denial of service attack]]s target [[corporation]]s that have a major presence on the [[internet]]. Disrupting the [[web portal|portal]] through which on-line sales are made could seriously affect the corporation's revenue flow and demonstrating an ability to orchestrate consistent attacks may well represent a sufficient menace for these purposes; and
-*introducing [[poison]]s or other dangerous chemicals into the products offered for sale in a [[supermarket]] or other large store could significantly damage retail sales, or influence a manufacturer or national distributor. For example, a blackmailer threatened Masterfoods Corporation, the company that manufactures [[Mars Bar]]s in [[Australia]], claiming to have poisoned seven Mars and Snickers bars at random in [[New South Wales]].
-===Lawful means===
-Many debt collectors have been accused of blackmail, but those pursuing legal debts are generally able to justify their threats of repossession because, even though unpleasant to the victim, this is a legitimate use of lawful civil law [[judicial remedy|remedies]]. By contrast, those chasing illegal debts (a gambling debt, for example, which was not until recently enforceable under English law) who back up their demands with the threat of bodily injury cannot avail themselves of the same defence. There will also be liability even though the debts are legally owed if the menaces are of a criminal nature, e.g. of an [[assault]] or more serious violence or criminal damage. The offence criminalises the means adopted by the creditors as the social problem to be deterred, rather than the evasion by the debtors. The creditors are expected to use the standard judicial remedies to recover what is owing.
-The maximum sentence under the terms of the Act is life imprisonment; this reflects the gravity of the offence, which can destroy a person's reputation, personal life and livelihood.
-If the elements of blackmail are not made out and the defendant has acquired a vehicle, a charge under s12 Act 1968 may be preferred, see [[TWOC]].
 ==References==