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When someone threatens another person to convince them to do something or behave in a certain way, this could be classified as extortion or, given the circumstances, blackmail, which is illegal. However, when a person is charged with one of these crimes, a Los Angeles federal blackmail & extortion lawyer can advocate for your defense and protect your rights.
At the Law Offices of Marc S. Nurik, we have the knowledge needed to defend you in a federal blackmail and/or extortion situation. The law can be difficult to understand sometimes, especially for those who are not familiar with federal and state laws. We are here to make it plain and clear to you so you can fully understand both the charges against you and your options going forward. We can fight for your rights as we strive for the greatest possible outcome for your situation.
Threats, coercion, or manipulation are used in blackmail and extortion to get someone to do something they don’t want to do. In some states, the words “blackmail” and “extortion” are used to mean the same thing, but they actually refer to two different crimes. It should be noted that both crimes involve force or fraud.
Extortion is a crime in which someone forces someone to give you something of value, like money, services, or property. In this case, coercion usually means using force, violence, threats to damage property, or some form of wrongdoing.
Blackmail, though, doesn’t use violence or threats of violence. When someone blackmails someone else, they usually know a secret about them but promise not to tell unless the other person gives them something they want.
This secret information could be embarrassing and hurt the victim’s reputation, social standing, relationships, finances, or career. The offender promises to keep this information confidential in exchange for property, services, or money. If these acts are committed and they break federal law, the crime will be brought to a federal level, which could result in harsher punishments.
Federal blackmail and extortion can cover a range of offenses. Some of these include:
Blackmail is typically considered a misdemeanor. This can result in time in a federal prison, paying hefty fines, or both. Based on the type of extortion, federal penalties for the offense can include heavy fines and long prison terms.
The actual sentence for these crimes will depend on a number of factors. Basically, a federal sentencing judge has a lot of freedom to choose the sentence. The judge will look at the criminal history, the details of the crime, and other factors to determine a sentence.
If someone is blackmailed or forced to pay money, either state or federal law enforcement agencies can sometimes bring charges on behalf of the federal government. Most likely, federal authorities would bring a case to justice if:
To prove blackmail, the prosecutor has to show that the defendant knowingly asked for money or something else of value in exchange for silence about someone else’s behavior. There is no real blackmail if the perceived threat is unreasonable or untrue.
There may not be enough proof because blackmail can happen during a conversation. If there isn’t any physical proof, like letters or text messages, this can be a defense and a reason to throw out the case. A defendant can also show that they were either incapacitated or unable to understand what they were doing as a defense against blackmail.
Which defenses are available will depend on the details and facts of each case. If the secret doesn’t have anything to do with breaking U.S. law, that can be used as an excuse to avoid federal blackmail charges.
Yes, you can use California’s civil law to file a claim against someone for blackmail. California statutes forbid blackmail, which is a type of extortion. To recover damages, such as financial loss and emotional distress, victims may bring a civil claim. Blackmail is a crime, though, and you can report the offender to the police so they can also face criminal charges.
If you are accused of extortion, you must show that:
One common defense is to show that there was no real threat or that the alleged demand was legal, like in a business negotiation. Entrapment, which means that the police force the person to do the crime, could also be a defense.
Federal charges of extortion come with harsh punishments. Threatening violence, harm, or public exposure to get money or property is called extortion. Time in prison is possible as a punishment, especially if the extortion affects trade between states. Because extortion involving corruption is also a federal crime, the penalties are harsher if public officials are involved.
18 U.S. Code § 873 defines blackmail under federal law. It makes threatening to reveal private information about the victim to demand money or property illegal. Depending on how serious the threat is, blackmail can result in fines or even time in jail. Threats to divulge personal information, secrets, or any other information intended to pressure the victim into complying are covered by the law.
If you have been charged with federal blackmail and/or extortion to commit a crime, the Law Offices of Marc S. Nurik can assist you. Contact us today to get started.
4800 N. Federal Highway Suite 205B
Boca Raton, FL 33431
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Beverly Hills, CA 90212
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