As a judge in Dallas for 10 years, Henry Wade has presided over a plethora of cases. And, as a lawyer with The Wade Law Firm, Wade has defended clients on all levels of criminal offenses, both misdemeanors and criminal felonies. When it comes to aspects of the law, Wade can answer any legal questions that his clients present to him. Here, he explains what extortion is, and how it is regarded as a serious crime in any court.
What is extortion?
In a court of law, extortion refers to the act of obtaining property, services or money from a person or company through intimidation. Mostly regarded as a characteristic of large organized groups of crime, like mafias, extortion is both a large- and small-scale crime.
How are you charged?
To be charged with extortion, you don’t necessarily have to achieve the goods or money that you set out to take. Knowingly and willingly sending a threat, which refers to the requirement of payments, is enough to be charged with the offense. For instance, if you send a letter threatening to expose a company unless they pay you, the letter never actually has to reach the intended recipient in order for it to be considered extortion.
Is this similar to blackmail?
Yes, on many levels gaining a possession by threatening an individual through an abuse of power is often referred to as blackmail as well.
What kind of crime is it?
Extortion is similar to robbery. The main difference between extortion and robbery is that with extortion, there needs to be a verbal or written threat, whereas robbery just requires theft.
What if you’re charged?
If you are charged with extortion, it can be considered a federal crime, which means the possibility of having to serve jail time. And, remember, even if you didn’t physically harm anyone, or gain any money or possessions, but just made the threat, you can still be charged. If the latter sounds like a scenario that you may be facing, it is important to call a lawyer. Just because you didn’t go through with the theft, doesn’t mean you can’t still be convicted.
What are some real-life examples?
In October 2009, David Letterman, host of The Late Show, went public with an extortion plot aimed at him. In a letter sent to Letterman, he was ordered to pay $2 million to the plotter, or, the plotter threatened, he would expose personal details about Letterman to the public.
Similarly, in October 2009, actor John Travolta had to appear in a Bahamian court to testify in an extortion case that resulted from his son’s death in January of the same year. A paramedic claimed to have documents signed by Travolta that said he wanted his ailing son driven to an airport, instead of to the local hospital in the Bahamas. On tapes presented to the court, the paramedic and others talked about asking for large sums of money from the Travolta family in exchange for the document.
