Hobbs Act — Extortion Under Color of Official Right is a federal law that criminalizes the use of fear or force to extort money or property from another person or entity. It is a criminal offense for any public official or employee to use their official authority to induce or attempt to induce another individual or entity to part with money or property through the use of threats, fear, or force. This includes any type of official action, such as making a false arrest or using a false document. Types of Hobbs Act — Extortion Under Color of Official Right include: • Bribery: A public official or employee unlawfully demanding money or property in exchange for a benefit or advantage. • Extortion: A public official or employee unlawfully demanding money or property by threat or fear of future harm or consequences. • Theft: A public official or employee stealing money or property from another person or entity. • Fraud: A public official or employee misrepresenting facts or circumstances to obtain money or property from another person or entity.
Hobbs Act - Extortion Under Color of Official Right
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FAQ
A coercion to transfer property to a third party will satisfy the ?benefit? facet of this element. The victim's loss of property is the key requirement here to prove a completed offense. However, note that attempt is also criminalized under the Hobbs Act, even if it did not actually instill fear in the victim.
In its opinion, the Court noted that the government was required to demonstrate that the defendant intended to take another party's property through threat or force and took a substantial step in the direction of meeting that goal in order to obtain a conviction for Hobbs Act robbery.
The Hobbs Act, named after United States Representative Sam Hobbs (D-AL) and codified as 18 U.S.C. § 1951, is a United States federal law enacted in 1946 that prohibits actual or attempted robbery or extortion that affect intrastate or foreign commerce. It also forbids conspiracy to do so.
The Hobbs Act prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce "in any way or degree." Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy statute at 18 U.S.C. § 371.
What is the sentence for violation of the Hobbs Act? This law imposes fines and a maximum sentence of twenty years for extortion that inhibits interstate commerce by depleting an enterprise's assets that would normally be used for the purchase of goods.
A conviction under the Hobbs Act requires proof beyond a reasonable doubt that (1) the defendant knowingly or willfully committed, or attempted or conspired to commit, robbery or extortion, and (2) the defendant's conduct affected interstate commerce. See United States v. Powell, 693 F. 3d 398 (3d Cir. 2012).
The Hobbs Act under 18 U.S.C § 1951 is a federal law prohibiting extortion or robbery by wrongful use of force or fear, or the attempt of these crimes, affecting interstate or foreign commerce. This 1946 Act was originally designed to target racketeering in labor disputes which were fairly common at that time.