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Extortion and blackmail are two terms that are often used interchangeably, but they actually have distinct features. Both, however, involve forcing or coercing someone to do something they don’t want to do with the threat of either violence or some other unfavorable act if they don’t. A Beverly Hills federal blackmail & extortion lawyer can help someone who is being charged with one of these crimes. They can fight for the most advantageous outcome for their case.
We know how to defend you in a federal blackmail and extortion case at the Law Offices of Marc S. Nurik. Laws can be hard to understand at times. We’re here to make things straight for you so you fully understand the charges against you and what you can do next. We can fight for your rights as we pursue the greatest possible outcome for your case.
When people are forced to do something they don’t want to do in a way that is against the law, it is considered blackmail or extortion, especially under the threat of violence or other unfavorable means. “Blackmail” and “extortion” both involve fraud or force.
When someone forces someone to give them something of value, like money, services, or property, that’s extortion. Often, this means using violence, threats to damage property, or some other kind of unfavorable act.
On the other side of this is blackmail. Blackmail, unlike extortion, does not use violence. It generally involves threatening to expose a person’s secrets unless they do something for the blackmailer, such as giving them money, power, or something else of value.
This information could be embarrassing and hurt the victim’s career, relationships, finances, or reputation. In exchange for property, services, or money, the criminal promises to keep this information secret. If these are done and they break federal law, the crime is now at the federal level, where punishments could be harsher.
A lot of different crimes can be considered federal blackmail and extortion, including:
In Beverly Hills, the prosecutor has to show that the defendant knew they asked for money or something else of value in exchange for not saying anything about someone else’s behavior or other form of wrongdoing. This shows intent. If the threat is not reasonable or true, then there is no real blackmail or extortion.
There might not be enough proof since blackmail can happen in the middle of a conversation. One defense is that there isn’t any physical proof, like letters or text messages. This can be a reason to throw out the case.
As another way to fight blackmail, a defendant can claim they were either unable to do what they were doing or could not understand what they were doing, such as through being drunk or mentally unstable. Which defenses can be used will depend on the specifics of each case.
Usually, blackmail is a misdemeanor. If you do this, you could go to federal prison, pay big fines, or both. If you are found guilty of extortion by the federal government, you could face heavy fines and long prison terms.
The real punishment for these crimes will depend on several factors. A federal judge who sentences people has a lot of freedom to pick the sentence. If someone has a criminal record, the judge will look at that and other aspects of the case to decide what sentence to give.
If someone is threatened with jail time or made to pay fines, state or federal police can sometimes bring charges on behalf of the federal government. A state-level prosecution probably wouldn’t be able to handle a case that involves federal law or crosses state lines. If that’s the case, federal law enforcement would likely handle it.
Normally, proof of blackmail includes evidence that the defendant threatened to reveal damaging information if their demands were not met. This can include:
Anything showing that the threat was real and meant to get the victim to give money, property, or services in exchange for silence is the most important piece of evidence.
Extortion usually requires proof of a threat to:
This could include statements from witnesses, written threats (letters, emails, and texts), recordings of spoken threats, and financial records that show payments. The victim’s testimony is also very important for showing that the defendant’s threats caused fear or coercion.
Fear of violence, damage to property, and damage to one’s reputation are the three main types of extortion. In the first type, the attacker says they will hurt the victim or those close to them if their demands aren’t met. Threats to damage or destroy the victim’s property are the second type. With reputational harm, blackmail is often used to get people to do what the blackmailer wants by threatening to reveal damaging secrets or private information.
Threatening to reveal damaging information about someone unless certain conditions are met is called blackmail. Conversely, extortion is any kind of threat (physical harm, property damage, or exposure) meant to get someone to give up money or property. Extortion includes more than just threats of harm to your reputation, while blackmail is a type of extortion. Both are against the law and are subject to penalties.
If you have been charged with federal blackmail and/or extortion to commit a crime, you do not have to handle the aftermath by yourself. The Law Offices of Marc S. Nurik can defend you. Contact us today to get started.
4800 N. Federal Highway Suite 205B
Boca Raton, FL 33431
9350 Wilshire Blvd Suite 308
Beverly Hills, CA 90212
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