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EXTORTION IS A CRIMINAL offense, generally described as obtaining something of value from one party by the infliction of harm, or the threat of that infliction of harm by a second party. Extortion is different from theft; in a theft, the item (a physical object) of value is usually taken without the owner's knowledge and/or permission, so no force is present.

Similarly, extortion is different from robbery; in a robbery, violence is either present or implied, not understood to be a future occurrence. Additionally, most robberies involve the taking of a physical object, not an abstract or immovable instrument, that is, a reputation, future business contracts, or occupancy of a building. Extortion often involves the payment of monies to ensure that violence will not occur, sometimes referred to as protection money.

The generally accepted public conceptualization of extortion is one of two classifications: a politician demanding payments from persons seeking business from a political body (corruption, bribery, graft), and organized-crime figures demanding money from business owners to avoid physical injury or damage (paying protection). However, extortion exists in many forms, including: individual on individual, individual on public figure/politician, individual on corporation, individual on governmental agency, politician on individual, politician on corporation, labor unions and law enforcement personnel on individual, organized-crime operation on individual, and organized-crime operation on corporation, as well as certain ethnic extortion operations.

Extortive demands made against individuals and corporations, in both domestic and overseas markets, have increased in such regularity that insurance coverage is now offered by several major insurance carriers; insuring such risks as: kidnapping/threat of kidnapping, bodily injury extortion, property extortion, product contamination, and trade-secret extortion. Some insurance carriers note their success in reducing kidnapping payments from the original demands, and usually settling for 10–25 percent of the original demand.

The Hobbs Act

The crime of extortion is often associated with the Hobbs Act, which is defined in 18 U.S.C. S 1951 (b)(2), which describes extortion as the “obtaining of property from another, with or without his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under the color of official right.” Certain standards must be met for an act to be identified as extortion under the Hobbs Act and for a person to be charged with violation of the act, including: 1) Did the defendant induce or attempt to induce the victim to surrender property or their rights to that property? 2) Did the inducement include either physical injury or economic harm? 3) Did the action potentially or actually affect, delay, or obstruct interstate or foreign commerce? And 4), was the threat of physical injury or economic harm wrongful—did the defendant have intent to obtain the property or right thereof by the threat of force?

Gangster Extortion

Similar to the irony of Al Capone being convicted on tax evasion charges, extortion charges hastened the demise of fellow Chicago gangster, Frank Nitti, who took over for Capone. As the repeal of Prohibition reduced the income opportunities of the Chicago mob, Nitti looked toward extortion as a source of income.

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