NCJ Number
120566
Journal
American Criminal Law Review Volume: 26 Issue: 3 Dated: (Winter 1989) Pages: 807-813
Date Published
1989
Length
7 pages
Annotation
This article discusses provisions of the Hobbs Act, a Federal statute permitting the Justice Department to prosecute cases of extortion and bribery, including those that involve public officials. The statute was originally enacted to enhance the Federal government's ability to fight the influence of organized crime in labor unions.
Abstract
The Act proscribes two types of conduct: extortion through the wrongful use of fear or force and extortion under color of official right. Conviction does not depend on proving that the defendant knowingly caused the victim's fear or that he profited from his misconduct. Key elements in the prosecution are the victim's fear and his real or potential loss. Case law interpreting the application of the statute to specific conduct is discussed, and it is pointed out that the statute does not forbid force used to achieve the ends of a legitimate labor demand. Federal prosecutors have been applying the Act to conduct not traditionally defined as extortion, and several Federal appellate courts have responded to this by making greater distinctions between extortion and bribery as well as Federal and State jurisdiction. In the future, Federal courts must define more carefully the requirements of a Hobbs Act violation. 49 footnotes.