法律英语：74 Extortion and Blackmail

by Adam Freedman

Last year saw some high profile blackmail¹ cases, including those involving talk show host Dave Letterman and actor John Travolta. The crime of extortion is reportedly on the rise--and you don’t have to be famous to be targeted by a blackmailer³. You just need to have something that somebody else wants. In this article, I’ll explain the terms “extortion” and “blackmail,” as well as what to do if somebody tries to put the squeeze on you.
Extortion and Blackmail are on the Rise
According to a recent report in the Wall Street Journal, the prolonged economic downturn is leading to an upswing in a very old form of entrepreneurial activity: extortion. In October 2009, a TV producer allegedly tried to extort² $2 million from David Letterman by threatening to reveal Letterman’s affair with a female subordinate. 
Also in 2009, actor John Travolta said that a paramedic in the Bahamas had tried to blackmail him and his wife by threatening to imply that the Travoltas were partially⁵ responsible for the death of their son, Jett. According to the Wall Street Journal, private security firms are seeing a rise in extortion cases involving wealthy, but not necessarily famous, victims.
What is Extortion?
The use of threats to extract money from people is a crime in the United States-- and in most other countries, as far as I know--but the terminology⁶ can be confusing. The traditional common law definition of extortion is actually rather narrow: it refers to the unlawful taking by a government official of money or property--either by threats, or simply in return for performing some official act. In 2008, for example, Milwaukee alderman Michael McGee was found guilty of extortion for taking money in return for approving liquor licenses⁸.
For the purposes of this crime, it’s no defense⁹ for the government official to claim that he or she accepted the money merely as a tip of gratuity--as in, “Thank you, and don’t forget to tip your alderman.”
What is Blackmail?
In contrast to extortion, the term “blackmail” encompasses¹⁰ threats made by private persons to gain anything of value. And generally, a “thing of value” is broadly defined--it includes not only money and property, but also sexual favors.
What About Larceny¹¹?
Some US states have laws that expand the definition of extortion to include blackmail by private individuals. In other states extortion remains¹² limited to  public officials whereas similar behavior by private persons is covered by other criminal statutes¹³. For example, Dave Letterman’s alleged⁴ tormentor¹⁴ was charged not with extortion but with larceny, which, in New York State, is the crime that covers blackmail by private persons.
Can Extortion be a Federal Crime?
So far I’ve been discussing state laws, but extortion can also get you in trouble with the Feds. Under a federal law known as the Hobbs Act, it is a crime for any person to use interstate commerce (which can include such things as telephones and mail) to commit extortion. The Hobbs Act defines extortion to include both demands made by private individuals as well as by government officials. It is also a crime under federal law for any person to demand money or property in return for not informing the authorities of any violation¹⁵ of federal law.
Which Kinds of Threats are Illegal?
One common characteristic of extortion is the use of threats, that is, an express intention to inflict¹⁶ injury, loss, or some other bad consequence on another person. The threat has to be sufficiently¹⁷ plausible¹⁸ and imminent¹⁹ that it could convince a reasonable person to give in to the blackmailer’s demands. In addition, there has to be some evidence that the threat was actually made for the purpose of obtaining money or property.  Keep in mind, however, that threatening somebody with physical violence is generally a crime in and of itself, whether or not the threat is intended to obtain anything of value.
What to Do When Someone Threatens You
As a practical matter, you don’t need to memorize the distinctions between extortion, blackmail, larceny, and so forth²⁰. Just know this: if somebody is threatening you in an attempt to gain money or something else of value, then you are probably the victim of a crime.
According to that Wall Street Journal report, security experts advise victims of attempted extortion to seek help immediately, since blackmailers are rarely satisfied with the first payment. They keep coming back for more. At the same time, it’s worth remembering that if the police or federal investigators²¹ are notified, then the matter will likely become public.  Of course, if you’re like Dave Letterman and have your own TV show, you can scoop²² everyone and make it public yourself!
Thank you for reading Legal Lad’s Quick and Dirty Tips for a More Lawful⁷ Life.

You can send questions and comments to。。。。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this article only.

 

1 blackmail   

n.讹诈，敲诈，勒索，胁迫，恫吓

参考例句：

• She demanded ＄1000 blackmail from him.她向他敲诈了1000美元。
• The journalist used blackmail to make the lawyer give him the documents.记者讹诈那名律师交给他文件。

2 extort   

v.勒索，敲诈，强要

参考例句：

• The blackmailer tried to extort a large sum of money from him.勒索者企图向他勒索一大笔钱。
• They absolutely must not harm the people or extort money from them.严格禁止坑害勒索群众。

3 blackmailer   

敲诈者，勒索者

参考例句：

• The blackmailer had a hold over him. 勒索他的人控制着他。
• The blackmailer will have to be bought off,or he'll ruin your good name. 得花些钱疏通那个敲诈者，否则他会毁坏你的声誉。

4 alleged   

a.被指控的，嫌疑的

参考例句：

• It was alleged that he had taken bribes while in office. 他被指称在任时收受贿赂。
• alleged irregularities in the election campaign 被指称竞选运动中的不正当行为

5 partially   

adv.部分地，从某些方面讲

参考例句：

• The door was partially concealed by the drapes.门有一部分被门帘遮住了。
• The police managed to restore calm and the curfew was partially lifted.警方设法恢复了平静，宵禁部分解除。

6 terminology   

n.术语；专有名词

参考例句：

• He particularly criticized the terminology in the document.他特别批评了文件中使用的术语。
• The article uses rather specialized musical terminology.这篇文章用了相当专业的音乐术语。

7 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

8 licenses   

n.执照( license的名词复数 )v.批准，许可，颁发执照( license的第三人称单数 )

参考例句：

• Drivers have ten days' grace to renew their licenses. 驾驶员更换执照有10天的宽限期。 来自《现代汉英综合大词典》
• Jewish firms couldn't get import or export licenses or raw materials. 犹太人的企业得不到进出口许可证或原料。 来自辞典例句

9 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

10 encompasses   

v.围绕( encompass的第三人称单数 )；包围；包含；包括

参考例句：

• The job encompasses a wide range of responsibilities. 这项工作涉及的职责范围很广。
• Its conservation law encompasses both its magnitude and its direction. 它的守恒定律包括大小和方向两方面。 来自辞典例句

11 larceny   

n.盗窃（罪）

参考例句：

• The man was put in jail for grand larceny.人因重大盗窃案而被监禁。
• It was an essential of the common law crime of larceny.它是构成普通法中的盗窃罪的必要条件。

12 remains   

n.剩余物，残留物；遗体，遗迹

参考例句：

• He ate the remains of food hungrily.他狼吞虎咽地吃剩余的食物。
• The remains of the meal were fed to the dog.残羹剩饭喂狗了。

13 statutes   

成文法( statute的名词复数 )； 法令； 法规； 章程

参考例句：

• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
• Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法

14 tormentor   

n. 使苦痛之人, 使苦恼之物, 侧幕 =tormenter

参考例句：

• He was the tormentor, he was the protector, he was the inquisitor, he was the friend. 他既是拷打者，又是保护者；既是审问者，又是朋友。 来自英汉文学
• The tormentor enlarged the engagement garment. 折磨者加大了订婚服装。

15 violation   

n.违反(行为)，违背(行为)，侵犯

参考例句：

• He roared that was a violation of the rules.他大声说，那是违反规则的。
• He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

16 inflict   

vt.(on)把…强加给，使遭受，使承担

参考例句：

• Don't inflict your ideas on me.不要把你的想法强加于我。
• Don't inflict damage on any person.不要伤害任何人。

17 sufficiently   

adv.足够地，充分地

参考例句：

• It turned out he had not insured the house sufficiently.原来他没有给房屋投足保险。
• The new policy was sufficiently elastic to accommodate both views.新政策充分灵活地适用两种观点。

18 plausible   

adj.似真实的，似乎有理的，似乎可信的

参考例句：

• His story sounded plausible.他说的那番话似乎是真实的。
• Her story sounded perfectly plausible.她的说辞听起来言之有理。

19 imminent   

adj.即将发生的，临近的，逼近的

参考例句：

• The black clounds show that a storm is imminent.乌云预示暴风雨即将来临。
• The country is in imminent danger.国难当头。

20 forth   

adv.向前；向外，往外

参考例句：

• The wind moved the trees gently back and forth.风吹得树轻轻地来回摇晃。
• He gave forth a series of works in rapid succession.他很快连续发表了一系列的作品。

21 investigators   

n.调查者，审查者( investigator的名词复数 )

参考例句：

• This memo could be the smoking gun that investigators have been looking for. 这份备忘录可能是调查人员一直在寻找的证据。
• The team consisted of six investigators and two secretaries. 这个团队由六个调查人员和两个秘书组成。 来自《简明英汉词典》

22 scoop   

n.铲子，舀取，独家新闻；v.汲取，舀取，抢先登出

参考例句：

• In the morning he must get his boy to scoop it out.早上一定得叫佣人把它剜出来。
• Uh,one scoop of coffee and one scoop of chocolate for me.我要一勺咖啡的和一勺巧克力的。