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Receiving the Proceeds of Extortion

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In Florida, and across the country, extortion is aggressively prosecuted. In fact, the person who is accused of extortion is not the only individual who is at risk of conviction, as the person who received the proceeds of the exchange can also be arrested and charged. These types of charges are extremely serious and can have devastating implications for the accused, who may be required to go through a lengthy investigation and trial and eventually spend up to three years in prison, so if you have been charged with this type of offense, it is critical to speak with an experienced white collar crime attorney who can ensure that your rights are protected.

Prohibited Acts 

Under federal law, a person can be convicted of receiving the proceeds of extortion if a prosecutor can provide evidence that the defendant received, concealed, possessed, or disposed of any money or property that was obtained through extortion. However, in order to obtain a conviction, prosecutors must also demonstrate that the defendant knew that the funds were unlawfully obtained through the commission of one of the following extortion-related crimes:

  • Making threats against the President of the United States and successors to the Presidency;
  • Extortion committed by a U.S. officer or employee;
  • Blackmail, which covers agreeing not to inform against someone else in exchange for money or valuables;
  • Taking kickbacks from public works employees;
  • Demanding a ransom, threatening to kidnap someone, or attempting to extort someone using interstate communications;
  • Mailing threatening communications related to extortion, ransom, or kidnapping;
  • Mailing threatening communications from a foreign country;
  • Making threats or attempting to extort foreign officials, official guests, or internationally protected individuals; and
  • Making threats against former Presidents or their family members, the family members of the President or Vice President, major candidates for the office of President or their family members, or anyone protected by the Secret Service.

This offense can be prosecuted in either state or federal court. However, if a threat impacts a federal employee, which could include government workers, appointed personnel, or elected officials, the case will automatically be tried in federal court by a federal prosecutor. In fact, a case can be filed in federal court even when the alleged victim was not a federal entity, as long as the offense involved a threat that crossed state lines.

Call Today to Schedule a Free Consultation With an Experienced White Collar Crime Attorney 

Federal white collar crimes tend to have much more severe penalties than their state counterparts, which makes it especially important for defendants to obtain the advice of an experienced attorney as soon as possible. If you have been charged with extortion or another white collar crime in Miami, please contact Jeffrey S. Weiner, P.A., Criminal Defense Attorneys at 305-670-9919 to discuss your case with a dedicated white collar crime lawyer. You can also reach us by initiating a live chat with a member of our legal team or by completing one of our standard online forms and including your phone number, email address, and a brief description of your case.

Resource:

law.cornell.edu/uscode/text/18/880

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