Federal Blackmail and Extortion – 18 U.S.C. § 873
Federal blackmail and extortion charges under 18 U.S.C. § 873 are serious criminal offenses that can carry significant prison time and long-term consequences.
This statute makes it a federal crime to demand money, property, or anything of value in exchange for not reporting a violation of federal law. It is commonly referred to as blackmail.
If you are under investigation or have been charged with federal extortion or blackmail, you should immediately consult an experienced federal criminal defense attorney.
Your best hope for a favorable outcome is with an experienced criminal defense attorney at the Hedding Law Firm in Los Angeles. To schedule a consultation, call (866) 986-2092 or use the contact form here.
What Is Federal Blackmail Under 18 U.S.C. § 873?
18 U.S.C. § 873 makes it illegal to demand or receive money or anything of value in exchange for not informing authorities about a federal offense.
In simple terms, blackmail under this statute occurs when a person:
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Threatens to report a federal crime
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Demands payment or something valuable
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Uses that threat as leverage
The crime focuses on the misuse of knowledge about a federal offense for personal gain.
Unlike some other extortion statutes, Section 873 specifically involves threats related to reporting violations of federal law.
How Is Federal Extortion Different From State Extortion?
Extortion generally involves obtaining money or property through threats.
State authorities typically handle extortion cases involving:
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Threats of violence
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Threats to damage property
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Threats to harm reputation
Federal authorities become involved when:
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The conduct involves federal law violations
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The extortion crosses state lines
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The case involves public officials, federal programs, or sophisticated schemes
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The extortion relates to federal crimes
Federal blackmail charges are often part of broader investigations involving fraud, bribery, public corruption, or white-collar offenses.
What Must the Government Prove?
To convict under 18 U.S.C. § 873, federal prosecutors must prove beyond a reasonable doubt that:
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The defendant knew about a violation of federal law
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The defendant demanded or received money or something of value
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The demand was made in exchange for not reporting that violation
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The defendant acted knowingly and willfully
Intent is central to the case.
The government must show that the defendant intended to use the threat of reporting a federal offense as leverage to obtain value.
Examples of Federal Blackmail
Examples of conduct that may lead to charges under 18 U.S.C. § 873 include:
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Demanding money in exchange for not reporting tax fraud
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Threatening to report immigration violations unless paid
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Seeking payment to remain silent about federal contracting misconduct
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Using knowledge of federal crimes to pressure someone for financial gain
Federal investigations often rely on:
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Recorded conversations
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Text messages or emails
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Undercover operations
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Cooperating witnesses
What Happens After Federal Charges Are Filed?
If charged federally, the case typically proceeds as follows:
Indictment
A federal grand jury issues an indictment formally charging the offense.
Arraignment
The defendant appears in federal court and enters a plea.
Detention Hearing
The judge determines whether the defendant will be released pending trial or held in custody.
Pretrial Proceedings
Motions, discovery, and negotiations may occur before trial.
Federal judges are appointed for life and preside over cases with strict procedural rules.
Penalties for Federal Blackmail and Extortion
A conviction under 18 U.S.C. § 873 can result in:
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Up to one year in federal prison (misdemeanor blackmail under § 873)
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Fines
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Supervised release
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Restitution
However, if extortion conduct is charged under other federal statutes, such as the Hobbs Act (18 U.S.C. § 1951), penalties may be significantly higher, including up to 20 years in prison.
Because prosecutors sometimes charge multiple statutes in the same case, sentencing exposure can vary dramatically.
Possible Defenses to Federal Extortion Charges
Every federal case depends on specific facts.
Potential defenses may include:
Lack of Intent
The defendant did not intend to extort or blackmail but engaged in lawful negotiation or dispute resolution.
No Federal Offense Involved
The alleged threat did not relate to a violation of federal law.
Insufficient Evidence
The prosecution lacks reliable proof of a demand or agreement.
Entrapment
Law enforcement induced the defendant to commit a crime they were not predisposed to commit.
Misinterpretation of Communications
Statements may have been taken out of context or misunderstood.
A careful review of recorded conversations, digital evidence, and witness credibility is essential.
Frequently Asked Questions About Federal Blackmail
Is blackmail always a federal crime?
No. Most blackmail cases are prosecuted at the state level unless they involve federal law violations or other federal jurisdiction triggers.
Does the victim have to suffer actual harm?
No. The crime focuses on the demand for value in exchange for silence, not necessarily whether harm occurred.
Can recorded conversations be used as evidence?
Yes. Federal prosecutors often rely on recordings, texts, emails, and undercover operations.
Is federal blackmail a felony?
Under 18 U.S.C. § 873, blackmail is typically punishable by up to one year in prison, but related extortion statutes may carry felony penalties.
Can charges be negotiated or reduced?
In some cases, charges may be reduced or resolved through plea negotiations, depending on the evidence and circumstances.
Speak With a Federal Criminal Defense Attorney
Federal blackmail and extortion allegations can carry serious legal and reputational consequences.
If you are under investigation or have been charged under 18 U.S.C. § 873 or related federal extortion statutes, early intervention is critical.
The Hedding Law Firm represents clients nationwide in complex federal criminal cases. The firm is located in Los Angeles.
For a confidential consultation to discuss your federal extortion defense strategy, contact us.
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