What is the fundamental definition of extortion?

Extortion is defined as the act of obtaining a benefit, such as money or goods, from another person through the use of coercion. In most legal systems, this practice is considered a criminal offense.

How does robbery relate to extortion, according to the provided text?

Robbery is identified as the simplest and most common form of extortion. However, extortion is not limited to physical taking of property and can also involve making unfounded threats to gain an unfair business advantage.

What is the 'protection racket' and how is it connected to extortion?

The 'protection racket' is a common form of extortion, often practiced by organized crime. In this scheme, racketeers demand payment for 'protection' from real or hypothetical threats, which are frequently implied to originate from the same individuals offering the 'protection'.

Is it necessary to actually obtain the demanded benefit for the crime of extortion to be committed in some jurisdictions?

No, in some jurisdictions, the actual acquisition of the benefit is not a prerequisite for committing the offense of extortion. Merely making a threat of violence that demands a payment of money or property to prevent future harm can be sufficient.

What is the formal definition of 'exaction' as it relates to extortion?

Exaction refers not only to extortion or the forceful demanding and obtaining of something, but also, in its formal definition, to the infliction of pain and suffering or making someone endure something unpleasant.

How is the term 'extortion' sometimes used metaphorically, and how does this differ from its legal meaning?

The term 'extortion' is often used metaphorically to describe practices like usury (charging excessive interest on loans) or price-gouging (charging unreasonably high prices). However, neither of these is legally classified as extortion.

What types of threats, beyond criminal acts, can constitute extortion or blackmail?

Extortion and blackmail do not necessarily require a threat of a criminal act, such as violence. They can involve threats used to elicit actions, money, or property, including the filing of reports (whether true or false) of criminal behavior to the police, or the revelation of damaging personal information.

In what context can extortion refer to political corruption?

In a legal sense, extortion can refer to political corruption, such as selling one's public office or engaging in influence peddling. This is logically connected to other forms of extortion because demanding bribes in an official capacity is essentially a form of blackmail or racketeering, where access to a government-controlled resource is unfairly and unlawfully charged for.

What are some alternative terms or synonyms for extortion?

Extortion is also known by the terms 'shakedown' and, occasionally, 'exaction'.

What is the key distinction between extortion and robbery in United States law?

In United States law, robbery involves the offender taking property from the victim through the immediate use of force or the fear of immediate force. In contrast, extortion, which is not limited to property, involves the verbal or written instillation of fear that something will happen to the victim if they do not comply with the extortionist's demands. A crucial difference is that extortion always involves a verbal or written threat, whereas robbery may not.

Under United States federal law, what are the requirements regarding force and weapons for committing extortion?

Under United States federal law, extortion can be committed with or without the use of physical force and with or without the use of a weapon.

How does extortion relate to the Racketeering Influenced and Corrupt Organizations Act (RICO) in the U.S.?

In the U.S., a violation of many state extortion statutes can constitute 'racketeering activity' under Section 1961 of the federal Racketeering Influenced and Corrupt Organizations Act (RICO), which is a powerful tool used to combat organized crime.

What is blackmail, and how is it connected to extortion?

Blackmail is a specific type of extortion where the extortionist threatens to reveal potentially embarrassing, socially damaging, or incriminating information about a victim or their family members unless a demand for money, property, or services is satisfied. Blackmail always involves extortion.

How can extortion be committed as a federal crime in the United States using modern communication methods?

In the United States, extortion can be committed as a federal crime by using a computer system, phone, mail, or any instrument of interstate commerce. The crime requires that the individual willingly and knowingly sent the threatening message, and the offense is complete once the message is sent, regardless of whether it reaches the intended recipient.

What constitutes the offense of blackmail in England and Wales?

In England and Wales, the act of extorting property and money through coercion is legally defined as blackmail. This offense encompasses any 'unwarranted demand with menaces,' which includes threats of physical harm, and is covered by sections of the Theft Act 1968 and the Larceny Act 1916. A group involved in such acts may also be charged with conspiracy.

What is the definition of extortion under common law in Scotland?

In Scotland, extortion is a common law crime that involves using the threat of harm to demand money, property, or some advantage from another person. The legitimacy of the demand itself is irrelevant; the crime is committed if illegitimate threats of harm are used to enforce it.

What is cyber extortion?

Cyber extortion occurs when an individual or group utilizes the internet as a means to demand some form of material gain. This typically involves sending threatening emails to a company, claiming to possess confidential information or threatening to exploit security vulnerabilities or launch network attacks, and demanding money to prevent these actions.

Describe the cyber extortion case involving Anthony Digati and New York Life Insurance Company.

In March 2008, Anthony Digati was arrested for federal charges of cyber extortion. He demanded a return of over $198,000 on a life insurance policy and, when the company did not comply, threatened to send millions of spam emails and create a website with false public statements about New York Life. He increased his demand to $3 million, but New York Life contacted the FBI, leading to his apprehension.

What was the outcome of the Nintendo cyber extortion case in 2011?

In February 2011, Spanish police arrested a man who attempted to blackmail Nintendo's Spanish division, Nintendo Ibérica. He had stolen personal information of 4,000 users and threatened to publish it and complain to the Spanish Data Agency if his demands were not met. After Nintendo ignored him, he published some data online, leading to his arrest in Málaga.

How did Jeffrey P. Bezos become a victim of alleged extortion in 2019?

In February 2019, Jeffrey P. Bezos, owner of Amazon and The Washington Post, accused the National Enquirer and its parent company, American Media, Inc., of attempting to extort him. The tabloid allegedly threatened to reveal nude pictures of him unless he publicly denied that their coverage of his relationship was politically motivated. Bezos refused and publicly disclosed the threat.

Detail the cyber extortion incident involving the Finnish health care provider Vastaamo in 2020.

In October 2020, approximately 40,000 patient records were stolen from Vastaamo, a Finnish private health care provider. The extorters demanded 40 bitcoins (around 450,000 euros at the time) to prevent the publication of the data, releasing 100 patient records daily on a Tor message board to exert pressure. When the company did not pay, the extorters directly emailed victims, demanding 200 or 500 euros to prevent their sensitive data from being published. The incident revealed inadequate security, including unencrypted data and a weak root password, with intrusions dating back to November 2018.

What security vulnerabilities were identified in the Vastaamo cyber extortion case?

The Vastaamo cyber extortion case highlighted significant security vulnerabilities, including the fact that sensitive patient data was not encrypted and the system's root password was reportedly very weak. These flaws allowed intruders to access patient records from November 2018 until March 2019.

What is a 'badger game' in the context of similar crimes to extortion?

A 'badger game' is a type of scam where a victim, often a married person, is deliberately tricked into a compromising situation to make them vulnerable to blackmail.

Explain what a 'clip joint' is.

A 'clip joint,' also known as a 'fleshpot,' is an establishment, typically a strip club or entertainment bar, that deceives customers into paying money for poor quality goods or services, or for no goods or services at all, often under the guise of adult entertainment or bottle service.

How is 'coercion' defined as a crime similar to extortion?

Coercion is the practice of compelling or manipulating a person to behave in an involuntary manner, whether through action or inaction. This is achieved by using threats, intimidation, trickery, or other forms of pressure or force, which serve as leverage to make the victim act as desired.

What is a 'confidence trick'?

A 'confidence trick,' also known by various other names such as bunko, con, scam, or swindle, is an attempt to defraud a person or group by first gaining their trust or 'confidence'.

What is 'cryptovirology' and how does it function as a scam?

Cryptovirology is a software scam that employs a public-key cryptography system to create fake keys. These keys encrypt a user's data, but the data cannot be decrypted unless the user pays for the legitimate decryption key, effectively holding the data hostage.

What is 'dognapping'?

Dognapping is the crime of stealing a dog from its owner. This typically targets purebred dogs, as the profit from their sale can amount to thousands of dollars.

Describe the practice of 'loan sharking'.

Loan sharking involves a person or entity offering unsecured loans to individuals at extremely high interest rates. These loans are often enforced by means of blackmail or threats of violence against the borrower.

What is 'price gouging' and when is it considered a felony in the U.S.?

Price gouging is a derogatory term used when a seller charges prices significantly higher than what is considered reasonable or fair. Legally, in some parts of the United States, it is classified as a felony specifically during civil emergencies.

What is a 'racket' in the context of crime?

A 'racket' refers to a service that is fraudulently offered to solve a problem. The problem either does not actually exist, would not be affected by the 'service,' or would not exist in the first place without the racketeer's involvement.

What is 'sextortion'?

Sextortion is a crime where individuals are coerced or forced into sending sexual images of themselves or performing sexual services.

How is 'terrorism' defined in relation to its intent and targets?

Terrorism is most simply understood as a policy intended to intimidate or cause terror. More commonly, it is an act intended to create fear, perpetrated for an ideological goal (rather than a materialistic one or a lone attack), and deliberately targets or disregards the safety of non-combatants. Some definitions also include unlawful violence or unconventional warfare, though a universally agreed legal definition remains elusive for the international community.

What is 'tiger kidnapping'?

Tiger kidnapping involves taking an innocent hostage to compel a loved one or associate of the victim to perform a specific action, such as a shopkeeper being forced to open a safe because their child is held hostage. The term originates from the observation of the victim, similar to how a tiger stalks its prey, and often involves ransoms.

What is the significance of the image depicting 'Loot and Extortion' at Trago Mills?

The source material references an image titled 'Loot and Extortion,' which features statues at Trago Mills that humorously critique the Inland Revenue, a government tax collection agency.

What is the primary focus of the article's examples and perspective on extortion?

The examples and perspective presented in this article primarily focus on the English-speaking world, rather than providing a global view of the subject of extortion.

What is the general legal classification of extortion in most jurisdictions?

In most jurisdictions, extortion is likely to be classified as a criminal offense.

What is the role of a threat in the crime of extortion?

A threat is a central component of extortion, as it involves the instillation of fear, either verbally or in writing, to compel a victim to comply with the extortionist's demands.

What federal act in the United States is relevant to state extortion statutes?

The federal Racketeering Influenced and Corrupt Organizations Act (RICO), specifically Section 1961, is relevant, as violations of many state extortion statutes can constitute 'racketeering activity' under this act.

What was the initial demand made by Anthony Digati to New York Life Insurance Company?

Anthony Digati initially demanded a return of $198,303.88 on a variable life insurance policy from New York Life Insurance Company.

What was the total number of patient records stolen in the Vastaamo cyber extortion incident?

Roughly 40,000 patient records were stolen from the Finnish private health care provider Vastaamo during the cyber extortion incident.

What specific personal information was contained in the leaked Vastaamo patient records?

The leaked Vastaamo patient records contained sensitive personal information including patients' full names, home addresses, social security numbers, and notes from their therapists and doctors from each session.

How did the Vastaamo extorters attempt to pressure the company to pay the ransom?

To pressure Vastaamo, the extorters published 100 patient records daily on a Tor message board, demonstrating their ability and intent to release the stolen data.

What action did the Vastaamo extorters take when the company did not meet their demands?

When the extortion of the company Vastaamo failed, the extorters shifted tactics and sent emails directly to the victims, demanding they pay either 200 euros within 24 hours or 500 euros within 48 hours to prevent their sensitive personal data from being published.

What was the Finnish president's reaction to the Vastaamo cyber attack?

The president of Finland described the Vastaamo cyber attack as 'relentlessly cruel,' highlighting the severe impact of the incident.

What is the core mechanism of a 'confidence trick'?

The core mechanism of a 'confidence trick' is to gain the trust or 'confidence' of a person or group in order to defraud them.

What is the primary characteristic of the loans offered by 'loan sharks'?

The primary characteristic of loans offered by 'loan sharks' is that they are unsecured and come with extremely high interest rates, often enforced through threats or blackmail.

What is the distinguishing feature of a 'racket' as a crime?

A 'racket' is distinguished by the fraudulent offer of a service to solve a problem that either doesn't exist, won't be affected by the service, or was created by the racketeer themselves.

What is the primary goal of 'sextortion'?

The primary goal of 'sextortion' is to force individuals to send sexual images of themselves or to perform sexual services.

What is the origin of the term 'tiger kidnapping'?

The term 'tiger kidnapping' originates from the prior observation of the victim, similar to how a tiger observes its prey, before taking an innocent hostage to compel a third party to act.

Extortion Wiki: The Coercive Calculus: Deconstructing Extortion in Law and Practice

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Defining Extortion

Coercion for Gain

Extortion is fundamentally the act of acquiring a benefit, such as money or goods, through the application of coercion. This practice is almost universally recognized as a criminal offense across most legal jurisdictions. While often associated with overt threats, it encompasses a broader spectrum of coercive tactics aimed at compelling an individual to act against their will.

Extortion vs. Robbery

A critical distinction in criminal law lies between extortion and robbery. Robbery involves the immediate use of force or the threat of immediate force to seize property from a victim. In contrast, extortion, which is not limited to property, involves the instillation of fear that future harm will befall the victim if they do not comply with the perpetrator's demands. A key differentiator is that extortion invariably involves a verbal or written threat, whereas robbery may not always include such explicit communication.

The "Protection Racket"

Extortion is frequently termed a "protection racket," particularly when organized crime is involved. In this scenario, demands are often framed as payments for "protection" against real or hypothetical threats from unspecified third parties. However, the implicit understanding, and often the reality, is that this "protection" merely signifies the perpetrator's abstinence from inflicting harm themselves. This insidious form of coercion leverages fear to establish a continuous revenue stream.

Broader Interpretations

The term "exaction" is sometimes used synonymously with extortion, denoting the demanding and obtaining of something through force. Beyond material gain, exaction can also refer to the infliction of pain and suffering or forcing someone to endure an unpleasant experience. Metaphorically, "extortion" can be used to describe usury or price-gouging, though these are not legally classified as extortion. It also colloquially refers to situations where an individual feels unwillingly indebted for an essential service or to avoid legal repercussions.

Legal Frameworks

United States Law

In the United States, extortion is a distinct criminal offense, differentiated from robbery by the nature of the threat. It can be perpetrated with or without physical force or a weapon. Under federal law, extortion can be committed across various communication channels, including computer systems, phones, or mail, utilizing any instrument of interstate commerce. The crime is complete once the message is willingly and knowingly sent, irrespective of whether it reaches the intended recipient.

Federal Scope: Extortion can be a federal crime if it involves interstate communication or commerce.
Racketeering: Violations of many state extortion statutes are considered "racketeering activity" under the federal Racketeering Influenced and Corrupt Organizations Act (RICO), 18 USC.
Blackmail: In the US, blackmail is a specific form of extortion where the perpetrator threatens to reveal embarrassing, socially damaging, or incriminating information about the victim or their family unless a demand for money, property, or services is met.

United Kingdom Law

The legal landscape for extortion in the United Kingdom varies between its constituent nations, with distinct provisions in England and Wales compared to Scotland.

England and Wales

In England and Wales, the act of extorting property and money through coercion is primarily addressed under the offense of blackmail. This is defined as any "unwarranted demand with menaces," which explicitly includes physical threats. Relevant statutes include Section 21 of the Theft Act 1968, as well as Sections 29 and 30 of the Larceny Act 1916. Furthermore, a group of individuals engaging in such activities may also be charged with conspiracy.

Scotland

In Scotland, extortion is recognized as a common law crime. It involves using the threat of harm to demand money, property, or some other advantage from another person. A crucial aspect of Scottish law is that the legitimacy of the demand itself (e.g., for money genuinely owed) does not negate the crime if illegitimate threats of harm are employed to enforce that demand.

Cyber Extortion

The Digital Threat Landscape

Cyber extortion refers to instances where individuals or groups leverage the internet and digital technologies to demand material gain. This often manifests through threatening emails sent to companies, asserting possession of confidential information, or threatening to exploit security vulnerabilities or launch disruptive network attacks. The core demand is typically financial compensation in exchange for preventing these threatened actions.

Common Modus Operandi

Cyber extortionists frequently employ tactics designed to maximize pressure and exploit vulnerabilities. These can include:

Data Breaches: Stealing sensitive data and threatening its public release.
Ransomware: Encrypting a victim's data and demanding payment for the decryption key.
DDoS Attacks: Threatening to launch Distributed Denial of Service attacks to disrupt online services.
Reputational Damage: Threatening to publish damaging information or false statements.

The anonymity afforded by the internet can embolden perpetrators, making these crimes particularly challenging to combat.

Notable Incidents

The New York Life Case (2008)

Anthony Digati was arrested on federal charges for cyber extortion. After investing $50,000 in a New York Life Insurance Company policy and seeking an inflated return of $198,303.88, he escalated his demands to $3 million when the firm refused. Digati threatened to send six million spam emails and registered a domain to publish false public statements damaging the company's reputation. The Federal Bureau of Investigation intervened, leading to his apprehension.

Nintendo Data Breach (2011)

Spanish police arrested an individual who attempted to blackmail Nintendo's Spanish division, Nintendo Ibérica. The perpetrator had stolen personal information belonging to approximately 4,000 users and accused the company of data negligence. He threatened to publicize this information and report Nintendo to the Spanish Data Agency if his demands were not met. Upon Nintendo's refusal, he released some data on an internet forum, leading to his arrest in Málaga.

The Jeff Bezos Incident (2019)

Jeffrey P. Bezos, founder of Amazon and owner of The Washington Post, publicly accused American Media, Inc. (AMI), parent company of the National Enquirer, of attempted extortion. AMI allegedly threatened to publish intimate photographs of Bezos unless he publicly affirmed that their prior coverage of his relationship was not politically motivated. Bezos refused to comply, instead publishing the threatening communications on Medium, highlighting the nature of the attempted coercion.

Vastaamo Patient Data Leak (2020)

In a "relentlessly cruel" cyberattack, approximately 40,000 patient records were stolen from Vastaamo, a Finnish private psychotherapy provider. The extorters initially demanded 40 bitcoins (around €450,000 at the time) from the company, threatening to publish the sensitive data. When the company did not pay, the perpetrators directly emailed individual victims, demanding €200 within 24 hours or €500 within 48 hours to prevent the publication of their personal information, including full names, home addresses, social security numbers, and detailed therapy notes. Investigations revealed inadequate security, including unencrypted data and a weak root password, with initial access occurring in 2018.

Related Offenses

Deception & Manipulation

Many crimes share elements of coercion or illicit gain, often involving deception or manipulation:

Badger Game: Tricking a victim into a compromising situation to facilitate blackmail.
Clip Joint: An establishment defrauding customers by providing substandard or non-existent goods/services after payment.
Coercion: Compelling involuntary behavior through threats, intimidation, or trickery.
Confidence Trick: Defrauding individuals by gaining their trust.

Digital & Property Crimes

The digital age has introduced new forms of property-related extortion, while traditional methods persist:

Cryptovirology: A software scam where user data is encrypted with fake keys, demanding payment for the real decryption key.
Dognapping: The theft of dogs, particularly purebreds, for ransom or resale.
Loan Sharking: Offering high-interest, unsecured loans enforced by threats of violence or blackmail.
Price Gouging: Charging excessively high prices, often during emergencies, though not legally extortion.

Broader Societal Threats

Some crimes extend beyond individual gain to broader societal impact, yet still involve coercive elements:

Racket: A fraudulent service offered to solve a problem that is either non-existent or would not be affected by the service.
Sextortion: Forcing individuals to send sexual images or perform sexual acts under threat.
Terrorism: Acts intended to create fear for ideological goals, often disregarding civilian safety.
Tiger Kidnapping: Taking an innocent hostage to coerce a third party (e.g., a loved one or associate) into fulfilling demands, often involving ransoms.

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The Coercive Calculus

💡 Dive in with Flashcard Learning! 💡

Defining Extortion 💡

💰 Coercion for Gain

🆚 Extortion vs. Robbery

🎭 The "Protection Racket"

📜 Broader Interpretations

Legal Frameworks 🏛️

🇺🇸 United States Law

🇬🇧 United Kingdom Law

England and Wales

Scotland

Cyber Extortion 💻

🌐 The Digital Threat Landscape

🛡️ Common Modus Operandi

Notable Incidents 🚨

📧 The New York Life Case (2008)

🎮 Nintendo Data Breach (2011)

📰 The Jeff Bezos Incident (2019)

🏥 Vastaamo Patient Data Leak (2020)

Related Offenses 🔗

🎲 Deception & Manipulation

🔒 Digital & Property Crimes

🚨 Broader Societal Threats

Teacher's Corner 🧑‍🏫

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📜 References

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Disclaimer ⚠️

📜 Important Notice

Dive in with Flashcard Learning!

Defining Extortion

Coercion for Gain

Extortion vs. Robbery

The "Protection Racket"

Broader Interpretations

Legal Frameworks

United States Law

United Kingdom Law

Cyber Extortion

The Digital Threat Landscape

Common Modus Operandi

Notable Incidents

The New York Life Case (2008)

Nintendo Data Breach (2011)

The Jeff Bezos Incident (2019)

Vastaamo Patient Data Leak (2020)

Related Offenses

Deception & Manipulation

Digital & Property Crimes

Broader Societal Threats

Teacher's Corner

True or False?

Test Your Knowledge!

Gamer's Corner

Discover other topics to study!

References

Feedback & Support

Disclaimer

Important Notice