Federal Extortion Crimes

Federal Extortion Crimes Defense Attorney | Josh Tomsheck | Hofland & Tomsheck

Introduction to Federal Extortion Crimes

Federal extortion is a serious crime involving the use of threats, intimidation, or coercion to unlawfully obtain money, property, or other benefits from individuals or entities. The federal government takes a strong stance on extortion crimes, especially those involving public officials, interstate commerce, or organized crime. Under federal law, extortion can be prosecuted under various statutes, including the Hobbs Act, the Travel Act, and RICO (Racketeer Influenced and Corrupt Organizations Act), making it a complex and multifaceted crime.

If you are charged with extortion at the federal level, it is crucial to understand the severity of the allegations and the potential consequences. Josh Tomsheck, an experienced federal defense attorney and former prosecutor, can help you navigate these complex charges, providing knowledgeable and aggressive representation throughout the legal process.

Understanding Federal Extortion: Key Statutes

Several federal laws govern extortion, each with its unique elements:

1. The Hobbs Act (18 U.S.C. § 1951): This statute criminalizes robbery or extortion affecting interstate commerce. Under the Hobbs Act, extortion is defined as the unlawful obtaining of property from another, with their consent, induced by wrongful use of actual or threatened force, violence, or fear.
2. The Travel Act (18 U.S.C. § 1952): This statute makes it a federal crime to use interstate commerce (e.g., mail, phone, or internet) to facilitate extortion.
3. RICO (Racketeer Influenced and Corrupt Organizations Act): Extortion can be charged as part of a pattern of racketeering activity under RICO if it is conducted by an organized group involved in other illegal activities.

Elements of Federal Extortion

For a successful conviction of federal extortion, the prosecution must prove the following key elements beyond a reasonable doubt:

1. Use of Force, Threats, or Intimidation: The defendant must have used, or threatened to use, force, violence, or other forms of coercion to compel the victim to give up something of value.
2. Obtaining Property or Benefits: The accused must have sought or successfully obtained money, property, or some other benefit as a result of the extortionate conduct.
3. Interstate Commerce Nexus (Hobbs Act): For extortion charges under the Hobbs Act, the prosecution must demonstrate that the crime impacted interstate or foreign commerce.

Federal extortion cases often involve public officials accused of misusing their positions of power to unlawfully obtain benefits, making these cases even more complex and high-profile.

Penalties for Federal Extortion

Convictions for federal extortion carry severe penalties, depending on the specific circumstances of the crime:

• Prison Time: Under the Hobbs Act, a conviction for extortion can result in up to 20 years in federal prison. If the crime involved a pattern of racketeering under RICO, the penalties can be even more severe.
• Fines: In addition to imprisonment, individuals convicted of extortion may face hefty fines, often amounting to hundreds of thousands of dollars.
• Restitution: In some cases, the court may order the defendant to pay restitution to the victims to compensate for the losses caused by the extortion.
• Additional Consequences: A federal extortion conviction can lead to further consequences, such as loss of employment, professional licenses, and long-term damage to reputation. For public officials, it could result in the loss of their position and eligibility for future roles in government or law enforcement.

Defenses Against Federal Extortion Charges

A strong legal defense is critical when facing federal extortion charges. Common defenses include:

• Lack of Intent: The prosecution must prove that the defendant intentionally engaged in extortionate conduct. If there was no intent to commit a crime, this can serve as a valid defense.
• False Allegations: In some cases, extortion charges stem from misunderstandings or false accusations. A thorough investigation of the facts and evidence can help expose these false claims.
• Coercion or Duress: If the defendant was forced into committing the alleged crime under duress, this may be a defense to the charges.
• No Impact on Interstate Commerce: Under the Hobbs Act, extortion charges must show an impact on interstate commerce. A skilled attorney can argue that the alleged crime did not meet this requirement, potentially leading to a dismissal of charges.

How Josh Tomsheck Can Help

When facing federal extortion charges, having a knowledgeable and experienced defense attorney is crucial. Josh Tomsheck, of Hofland & Tomsheck, is a nationally recognized criminal defense attorney with extensive experience in federal criminal cases, including extortion. As a former Chief Deputy District Attorney, Mr. Tomsheck has a deep understanding of both sides of the criminal justice system, which he leverages to develop effective defense strategies.

• Comprehensive Defense Strategies: Mr. Tomsheck thoroughly examines every aspect of the case, from the validity of the evidence to the prosecution’s methods. He works diligently to challenge the allegations and achieve the best possible outcome for his clients.
• Trial-Ready Representation: Whether the case is resolved through negotiation or trial, Mr. Tomsheck has the skill and expertise to represent his clients aggressively in federal court. He has successfully defended clients against complex federal charges, including extortion, obtaining favorable outcomes through dismissals, acquittals, or reduced penalties.
• Personalized Legal Support: Each federal extortion case is unique, and Mr. Tomsheck ensures that every client receives personalized legal advice and support tailored to their specific situation.

Contact Hofland & Tomsheck Today

If you are facing federal extortion charges, do not wait to seek legal representation. The consequences of a conviction can be devastating, but with the right defense strategy, you can fight to protect your rights and freedom. Contact Josh Tomsheck at Hofland & Tomsheck today for a free consultation.

Call 702-895-6760 or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101 to schedule an appointment.