Hobbs Act: Extortion, Robbery, Public Corruption Cases in New York

Federal law has an array of tools for prosecutors to pursue allegations of extortion, robbery, and public corruption. One of those tools is known as the Hobbes Act. These are serious allegations that can lead to significant consequences for the rest of your life.

There is no time to delay once you learn you are under investigation for Hobbs Act violations. With the support of a dedicated extortion defense attorney, you may be able to beat these charges and avoid being sentenced to federal prison.

What is the Hobbs Act?

The Hobbs Act, codified at 18 U.S.C. § 1951, punishes robberies and extortionate acts that affect interstate or foreign commerce in some de minimis fashion. While the statute was enacted in 1946 to combat racketeering – specifically with regard to labor disputes – it is now frequently used in connection with public corruption cases, as well as more basic robbery conspiracies and extortions.

Specifically, pursuant to 18 U.S.C. § 1951, whoever commits or conspires to commit a robbery or extortion in any manner that affects commerce shall be punished by up to 20 years imprisonment and a fine. As defined by § 1951(b), robbery means any unlawful taking of property from another against his or her will by use of actual or threatened force, violence or fear, and extortion means any taking of property from another with his or her consent by use of actual or threatened force, violence or fear. Further, “[t]he fear requirement,” expands the scope of the statute beyond just threats of physical force, and “may be satisfied by a fear of economic loss.” United States v. Capo, 817 F.2d 947, 951 (2d Cir. 1987).

How the Government Proves its Hobbs Act Case

In its most basic form, the government must prove three elements beyond a reasonable doubt in order to secure a conviction under the Hobbs Act: first, that the defendant took, or conspired to take property from another person or entity; second, that the defendant acted willingly; and third, as a result of such, interstate commerce was obstructed, delayed or affected. While the third factor “transforms the quintessential state crimes of robbery and extortion into federal crimes,” (United States v. Perrotta, 313 F.3d 33, 37 (2d Cir. 2002)), “it may be satisfied by a showing of a very slight effect on interstate commerce. Even a potential or subtle effect will suffice.” United States v. Angelilli, 660 F.2d 23, 35 (2d Cir. 1981).

In addition to Hobbs Act charges premised on actual or attempted robberies, or extortions based on threats of force, the government may prosecute a case under the ‘color of official right’ theory of liability. Pursuant to this theory, the government may secure a conviction where it proves beyond a reasonable doubt that a public official or employee has used the power and authority of his office in order to obtain money, property or something of value to which that person has no official right. The government can therefore use this theory in public corruption cases where they allege that a civil servant induced or accepted a payment or bribe in exchange for making, withholding or influencing an official act.

What to Do Following an Arrest

Anyone in New York accused of violating the Hobbes Act faces serious legal jeopardy, but it is helpful to remember that an arrest and a conviction are two different things. A favorable outcome is still possible, and in many cases this could include having the charges dismissed. An experienced federal crimes attorney can provide invaluable guidance throughout this process.

The first and most important thing to do following an arrest is exercising the right to remain silent. Federal authorities will ask questions and try to extract a confession, especially when the accused is willing to discuss the case. Nothing good comes with speaking with law enforcement, as anything said could be used as evidence at trial.

Another critical step in this process is hiring legal counsel. The stakes are high in federal court, and a single mistake in a case could result in an avoidable conviction. An attorney can help with avoiding these errors.

Defense Options

Like with any criminal charge, there are options for fighting back in a Hobbs Act case. The right attorney could evaluate all of the facts before identifying the right approach.

Finding the right strategy is about more than winning at trial. Showing the prosecution that the government’s case is weak can lead to favorable plea offers and even dismissal of the charges. Some of the most popular options include the following.

No Impact on Interstate Commerce

A key component of these charges is the impact the offense had on interstate commerce. Not only is this necessary for a conviction under the Hobbs Act, but it is also what gives federal courts the jurisdiction to hear these cases. This defense may be successful in federal court, but it will not prevent state prosecutors from pursuing criminal charges related to extortion or public corruption.

Innocence

The most straightforward defense strategy involves arguing that a crime was never committed. Remember: the Hobbs Act prosecutes acts of extortion or robbery. Making the case that these underlying crimes never occurred acts as a defense with the Hobbs Act as well.

Lack of Evidence

The federal government has to prove that you have violated the Hobbs Act beyond a reasonable doubt. This a high standard that requires strong evidence, and prosecutors do not always have enough to meet this burden of proof. An attorney can focus their defense strategy on the weakness of the case against the accused instead of having to build a different theory of their own.

Talk to an Attorney in New York City About Hobbs Act Violations

An arrest under the Hobbs Act can feel hopeless, but a conviction is never certain. You have an opportunity to develop a strong defense that is capable of securing a positive outcome.

Hiring skilled federal criminal defense attorneys to defend you in any federal prosecution is crucial and will ensure that every viable defense is explored and utilized on your behalf. Lawyers at the Law Offices of Jeffrey Lichtman have successfully handled countless cases charging Hobbs Act violations, exploiting holes in the prosecution’s evidence to achieve the best possible result for our clients. Contact us today at (212) 581-1001 for a free consultation.