Hobbs Act - Extortion By Fear

Extortion By Fear

The Hobbs Act covers extortionate threats of physical, economic and informational harm (i.e. blackmail). To be "wrongful," a threat of physical violence must instill some degree of duress in the target of the extortion. Furthermore, it is unlikely an economic threat is "wrongful" for Hobbs Act purposes unless a defendant purports to have the power to harm another person economically and that person believes the defendant will use that power to deprive him of something to which he is legally entitled. Finally, in the context of blackmail, a Hobbs Act prosecution is probably proper if there is no nexus between the information the defendant threatens to expose and the defendant's claim against the property of the target.