Difference between revisions of "Extortion" - New World Encyclopedia

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[[Category:Law]]
 
[[Category:Law]]
  
'''Extortion''' (not to be confused with robbery. The difference being extortion involves a written or verbal threat as opposed to a violent one) is a [[crime|criminal offense]], which occurs when a person either obtains money, property or services from another through coercion, intimidation or threatens one with physical harm unless they are paid money or property. Though often confused with blackmail, extortion differs in what the victim is threatened with. Refraining from doing harm is sometimes euphemistically called ''[[protection racket|protection]],'' the implication being that the criminal would harm the victim should they not make protection payments.
+
'''Extortion''' is a [[crime|criminal offense]], which occurs when a person either obtains money, property or services from another through coercion, intimidation or threatens one with physical harm unless they are paid money or property. It is distinguished from [[robbery]] in that extortion involves a written or verbal threat as opposed to a violent one. Though often confused with blackmail, extortion differs in what the victim is threatened with. Refraining from doing harm is sometimes euphemistically called ''[[protection racket|protection]],'' the implication being that the criminal would harm the victim should they not make protection payments.
  
 
==Definition==
 
==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 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]] [[law]]s, 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 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.
+
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.
  
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.
+
The term "extortion" is also 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 labeled "extortion" by people with various social or political beliefs.
  
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.<ref>U.S.C. 875 and U.S.C. 876</ref>
+
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.<ref>U.S.C. 875 and U.S.C. 876</ref>
  
 
==Types==
 
==Types==
 
===Blackmail===
 
===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. Blackmail meant payment of a double [[rent]]. Rent was paid to the landowner and rent was paid to the blackmailer. Since it was often paid in kind, in [[oats]], [[barley]], or [[flour|meal]], it came to be called "black meal."<ref>[http://www.nwlink.com/~scotlass/border.htm#BLACKMAIL%20AND%20KIDNAPPING Blackmail and Kidnapping] ''The Border Reivers'' Retrieved June 17, 2007.</ref> The opposite of this tribute (''reditus nigri'', or "blackmail") is ''blanche firmes'' or ''reditus albi'', or "white rent" (denoting payment by [[silver]]).  
+
Blackmail is the 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. Blackmail meant payment of a double [[rent]]. Rent was paid to the landowner and rent was paid to the blackmailer. Since it was often paid in kind, in [[oats]], [[barley]], or [[flour|meal]], it came to be called "black meal."<ref>[http://www.nwlink.com/~scotlass/border.htm#BLACKMAIL%20AND%20KIDNAPPING Blackmail and Kidnapping] ''The Border Reivers'' Retrieved June 17, 2007.</ref> The opposite of this tribute (''reditus nigri'', or "blackmail") 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.
+
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 defense. There will also be liability even though the debts are legally owed if the menaces are of a criminal nature, such as an [[assault]] or more serious violence or criminal damage. The offense criminalizes 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]].
+
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===
 
===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.
+
In the [[United States]], extortion may also be committed as a [[federal crime]] across a [[computer]] system, [[telephone]], 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.
  
 
===Badger Game===
 
===Badger Game===
The "Badger game" is an extortion scheme, often perpetrated on married men, in which the victim or "[[Mark (victim)|mark]]" is deliberately coerced into a compromising position then threatened with public exposure of his acts unless blackmail money is paid.
+
The "Badger game" is an extortion scheme, often perpetrated on married men, in which the victim or "[[Mark (victim)|mark]]" is deliberately coerced into a compromising position then threatened with public exposure of his acts unless blackmail money is paid. There are two competing explanations for the origin of the term "badger game." One
 +
explanation is that the term originated in the practice of [[badger baiting]]. Another says that it derives its name from the state of [[Wisconsin]] (the Badger State), where the [[con game|con]] allegedly either originated or was popularized.
  
There are two competing explanations for the origin of the term "badger game." One
+
This con has been around since at least the early nineteenth century. There are several variations of the con, but the most common form involves a man, preferably a lonely, married man of some financial means from out of town, who is marked by the con artists. An attractive woman who is part of the con goes up to him and begins flirting. The woman entices the man to a private place with the intent of coercing him into a compromising position, usually involving some sort of sexual act. An accomplice gathers evidence of the act by way of [[photograph]]s, [[video]], or some other means. The accomplice then goes to the mark and threatens to expose him unless blackmail [[money]] is paid. The woman may also claim that the sexual encounter was non-consensual and threaten the victim with a [[rape]] charge. It can also involve such things as the threat of a [[sexual harassment]] charge which may endanger the victim's career. In the days before photography or video, the accomplice would usually burst into the room in mid act and claim to be the woman's husband, father, older brother, or such, and demand [[justice]]. The con was particularly effective in the nineteenth and earlier twentieth century when the social repercussions of [[adultery]] were much greater.    
explanation is that the term originated in the practice of [[badger baiting]]. Another says
 
that it derives its name from the state of [[Wisconsin]] (the Badger State), where the [[con game|con]] allegedly either originated or was popularized.
 
  
This con has been around since at least the early 19th century.  There are several variations of the con, but the most common form goes something like this: a man, preferably a lonely, married man of some financial means from out of town, is marked by the [[con-man|con artists]]. An attractive woman who is part of the con goes up to him and begins flirting. The woman entices the man to a private place with the intent of coercing him into a compromising position, usually involving some sort of sexual act. An accomplice gathers evidence of the act by way of photographs, video, or some other means. The accomplice then goes to the mark and threatens to expose him unless [[blackmail]] money is paid. The woman may also claim that the sexual encounter was non-consensual and threaten the victim with a [[rape]] charge. It can also involve such things as the threat of a [[sexual harassment]] charge which may endanger the victim's career. In the days before photography or video, the accomplice would usually burst into the room in mid act and claim to be the woman's husband, father, older brother, etc., and demand justice. The con was particularly effective in the 19th and earlier 20th century when the social repercussions of [[adultery]] were much greater.     
+
Variants of the con involve luring the mark with [[homosexuality|homosexual]] acts, [[rape#statutory rape|underage girls]], child [[pornography]], bizarre [[sexual fetish]]es, or other activities deemed to have a particular social stigma.   
 
 
Variants of the con involve luring the mark with homosexual acts, [[statutory rape|underage girls]], [[child pornography]], bizarre [[sexual fetish]]es, or other activities deemed to have a particular social stigma.   
 
  
 
Non-sexual versions of this con also exist, particularly among ethnic or religious groups
 
Non-sexual versions of this con also exist, particularly among ethnic or religious groups
with strong social [[taboo]]s. For example, enticing a [[Jew]] or [[Muslim]] to eat [[pork]]
+
with strong social [[taboo]]s. For example, enticing a [[Jew]] or [[Muslim]] to eat [[pork]] or coercing a [[Mormon]] to [[gambling|gamble]] or drink [[alcohol]]. The con-artist would then threaten to expose the mark's activity to their [[community]].
or coercing a Mormon to [[gamble]] or drink [[alcohol]]. The con-artist would then threaten to expose the mark's activity to the community.
 
  
 
==Penalties==
 
==Penalties==
Extortion currently carries up to a maximum prison sentence of 20 years in most states and under Federal law.<ref>United States Code, Sections 1341, 1343 and 1346</ref> The penalty varies with the severity of the threat and the amount of money demanded.
+
Extortion carries up to a maximum [[prison]] sentence of 20 years in most states and under Federal law.<ref>United States Code, Sections 1341, 1343 and 1346</ref> The penalty varies with the severity of the threat and the amount of money demanded.
  
==Famous Examples of Extortion==
+
==Prominent Examples of Extortion==
The most famous practitioners of extortion have been [[gang|organized crime]] syndicates such as the Italian and Russian mafias, and the Japanese Yakuza. Each reached their apex of at specific times: the Italian mafias in the early twentieth century and the Russian mafia towards the end of the [[Soviet Union]].<ref>[http://www.fbi.gov/hq/cid/orgcrime/lcnindex.htm Organized Crime] Federal Bureau of Investigation. Retrieved June 15, 2007.</ref><ref>[http://www.fas.org/irp/world/para/docs/rusorg3.htm Russian Organized Crime] Federation of American Scientists. Retrieved June 15, 2007.</ref> The nature of the crime as demanding protection money from local businesses seems to keep the scale of the crime relatively low.
+
The most famous practitioners of extortion have been [[organized crime]] syndicates such as the [[Italy|Italian]] and [[Russia]]n [[mafia]]s, and the [[Japan]]ese [[Yakuza]]. Each reached their apex of at specific times: the Italian mafias in the early twentieth century and the Russian mafia towards the end of the [[Soviet Union|Soviet]] era.<ref>[http://www.fbi.gov/hq/cid/orgcrime/lcnindex.htm Organized Crime] Federal Bureau of Investigation. Retrieved June 15, 2007.</ref><ref>[http://www.fas.org/irp/world/para/docs/rusorg3.htm Russian Organized Crime] Federation of American Scientists. Retrieved June 15, 2007.</ref> The nature of the crime as demanding protection money from local [[business]]es seems to keep the scale of the crime relatively low.
  
 
==Notes==
 
==Notes==

Revision as of 00:18, 23 June 2007


Extortion is a criminal offense, which occurs when a person either obtains money, property or services from another through coercion, intimidation or threatens one with physical harm unless they are paid money or property. It is distinguished from robbery in that extortion involves a written or verbal threat as opposed to a violent one. Though often confused with blackmail, extortion differs in what the victim is threatened with. Refraining from doing harm is sometimes euphemistically called protection, the implication being that the criminal would harm the victim should they not make protection payments.

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.

The term "extortion" is also 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 labeled "extortion" by people with various social or political beliefs.

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.[2]

Types

Blackmail

Blackmail is the 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. Blackmail meant payment of a double rent. Rent was paid to the landowner and rent was paid to the blackmailer. Since it was often paid in kind, in oats, barley, or meal, it came to be called "black meal."[3] The opposite of this tribute (reditus nigri, or "blackmail") 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 defense. There will also be liability even though the debts are legally owed if the menaces are of a criminal nature, such as an assault or more serious violence or criminal damage. The offense criminalizes 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, telephone, 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.

Badger Game

The "Badger game" is an extortion scheme, often perpetrated on married men, in which the victim or "mark" is deliberately coerced into a compromising position then threatened with public exposure of his acts unless blackmail money is paid. There are two competing explanations for the origin of the term "badger game." One explanation is that the term originated in the practice of badger baiting. Another says that it derives its name from the state of Wisconsin (the Badger State), where the con allegedly either originated or was popularized.

This con has been around since at least the early nineteenth century. There are several variations of the con, but the most common form involves a man, preferably a lonely, married man of some financial means from out of town, who is marked by the con artists. An attractive woman who is part of the con goes up to him and begins flirting. The woman entices the man to a private place with the intent of coercing him into a compromising position, usually involving some sort of sexual act. An accomplice gathers evidence of the act by way of photographs, video, or some other means. The accomplice then goes to the mark and threatens to expose him unless blackmail money is paid. The woman may also claim that the sexual encounter was non-consensual and threaten the victim with a rape charge. It can also involve such things as the threat of a sexual harassment charge which may endanger the victim's career. In the days before photography or video, the accomplice would usually burst into the room in mid act and claim to be the woman's husband, father, older brother, or such, and demand justice. The con was particularly effective in the nineteenth and earlier twentieth century when the social repercussions of adultery were much greater.

Variants of the con involve luring the mark with homosexual acts, underage girls, child pornography, bizarre sexual fetishes, or other activities deemed to have a particular social stigma.

Non-sexual versions of this con also exist, particularly among ethnic or religious groups with strong social taboos. For example, enticing a Jew or Muslim to eat pork or coercing a Mormon to gamble or drink alcohol. The con-artist would then threaten to expose the mark's activity to their community.

Penalties

Extortion carries up to a maximum prison sentence of 20 years in most states and under Federal law.[4] The penalty varies with the severity of the threat and the amount of money demanded.

Prominent Examples of Extortion

The most famous practitioners of extortion have been organized crime syndicates such as the Italian and Russian mafias, and the Japanese Yakuza. Each reached their apex of at specific times: the Italian mafias in the early twentieth century and the Russian mafia towards the end of the Soviet era.[5][6] The nature of the crime as demanding protection money from local businesses seems to keep the scale of the crime relatively low.

Notes

  1. Extortion Law.com Retrieved June 9, 2007.
  2. U.S.C. 875 and U.S.C. 876
  3. Blackmail and Kidnapping The Border Reivers Retrieved June 17, 2007.
  4. United States Code, Sections 1341, 1343 and 1346
  5. Organized Crime Federal Bureau of Investigation. Retrieved June 15, 2007.
  6. Russian Organized Crime Federation of American Scientists. Retrieved June 15, 2007.

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

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