Example: one cannot threaten to expose another’s extramarital affair, or publish embarrassing photographs in exchange for settling an unrelated civil debt But, the photographer who is legitimately owed money by a person for photographs taken may inform the photographed subject that if not properly paid, he will sell the photographs to a publication. It is not extortion to threaten prosecution if the person has in fact stolen from you but there must be a reasonable good faith reason to believe they stole. Frease was hired by defendants to determine if money was being embezzled v. Burns: by any employees. The Defendants then accused him of embezzling $6800 told him that they had arranged the matter with a local judge that he would be sent to prison unless he confessed in writing to stealing $5,000 and repaid the loss. Although he denied guilt, Frease signed the confession and actually paid $4,000. Defendants verbally threatened to accuse Leland Frease of the crime of grand larceny with intent to extort and gain the sum of $5,000, and by means of such threats did extort and gain from him the sum of $4,000. Holding: case was remanded to determine if embezzlement did occur. If yes, then no extortion, if not then defendant is guilty of extortion. Receiving Stolen Property: When someone receives property which they know to have been stolen, they will not be guilty of the theft of the property unless they were part of the physical taking. PROPERTY OFFENSES Activity Method Intent Title Larceny Taking & Without consent With intent to does not asportation of or with consent steal pass property from obtained by fraud possession of another person Embezzlement Conversion of With intent to Title does not Use of property in property held defraud pass a way inconsistent pursuant to a trust with of trust agreement False Pretenses Obtaining title to By consent With intent to Title passes property induced by defraud fraudulent misrepresentation
Example: one cannot threaten to expose another’s extramarital affair, or publish embarrassing photographs in exchange for settling an unrelated civil debt But, the photographer who is legitimately owed money by a person for photographs taken may inform the photographed subject that if not properly paid, he will sell the photographs to a publication. It is not extortion to threaten prosecution if the person has in fact stolen from you but there must be a reasonable good faith reason to believe they stole. v. Burns: Frease was hired by defendants to determine if money was being embezzled by any employees. The Defendants then accused him of embezzling $6800 told him that they had arranged the matter with a local judge that he would be sent to prison unless he confessed in writing to stealing $5,000 and repaid the loss. Although he denied guilt, Frease signed the confession and actually paid $4,000. Defendants verbally threatened to accuse Leland Frease of the crime of grand larceny with intent to extort and gain the sum of $5,000, and by means of such threats did extort and gain from him the sum of $4,000. Holding: case was remanded to determine if embezzlement did occur. If yes, then no extortion, if not then defendant is guilty of extortion. Receiving Stolen Property: When someone receives property which they know to have been stolen, they will not be guilty of the theft of the property unless they were part of the physical taking. PROPERTY OFFENSES Activity Method Intent Title Larceny Taking & asportation of property from possession of another person Without consent or with consent obtained by fraud With intent to steal does not pass Embezzlement Conversion of property held pursuant to a trust agreement Use of property in a way inconsistent with of trust With intent to defraud Title does not pass False Pretenses Obtaining title to property By consent induced by fraudulent misrepresentation With intent to defraud Title passes
Criminal-Law-Goldman-2014-1.docx