The crime of extortion was in the news recently when it was revealed that attorney Michael Avenatti was sentenced to 2 ½ years in jail for attempting to extort Nike, a sportswear manufacturer. Mr. Avenatti became well-known as the attorney for Stormy Daniels. According to BuzzFeed News, federal prosecutors asserted that Avenatti used his fame to try to extort millions of dollars from Nike “with threats to accuse employees of misconduct.”

BuzzFeed News reports that according to the sentencing judge, Avenatti had “become someone who operated as if the laws and the rules that applied to everyone else didn’t apply to him.”

Manhattan US Attorney Audrey Strauss claimed that Avenatti used “illegal and extortionate threats” that defrauded his own client to obtain money for himself. In March 2019, Avenatti threatened, just before Nike’s earnings call, that if the company didn’t pay him millions of dollars to resolve damaging claims made by his client, that he would hold a press conference.

Avenatti allegedly said “I’ll take ten billion dollars off your client’s market cap,” and used some foul language to assert his seriousness. He demanded Nike pay his client $1.5 million so that his client wouldn’t go public with the allegations and that the “sportswear giant hire Avenatti for a supposed ‘internal investigation’ at a cost of at least $15 million.” Alternatively, Avenatti said the case could be settled for $22.5 million – to “buy his silence.” Avenatti also faces charges he allegedly stole thousands of dollars in profits from Full Disclosure, Ms. Daniel’s book.

What is extortion?

Extortion is often compared to blackmail, theft, fraud, and bribery but all of those crimes are different. Under Maryland law:

1. A person may not obtain, attempt to obtain, or conspire to obtain money, property, labor, services, or anything of value from another person with the person’s consent, if the consent is induced by wrongful use of actual or threatened:
   1. force or violence
   2. economic injury
   3. destruction, concealment, removal, confiscation, or possession of any immigration or government identification document with intent to harm the immigration status of another person or
   4. notification of law enforcement officials about another person’s undocumented or illegal immigration status.

The penalties and fines for an extortion conviction in Maryland depend on the amount of money that is being extorted:

• Less than $1,000. In Maryland, if the value of items the defendant was trying to obtain is less than $1,000, extortion is a misdemeanor. A conviction will result in up to 18 months in jail and up to a $1,000 fine.
• $1,000 to $10,000. If the value of the item is $1,000 or more, then the offense is a felony. The minimum penalties are up to 10 years in prison and up to $10,000 in fines.
• More than $10,000. The penalties and fines increase if the value of the money, property, labor, or services is more than $10,000 and again if the value of the money, property, labor, or services is more than $100,000.

The statute specifically excludes “legitimate efforts by employees or their representatives to obtain certain wages, hours, or working conditions.”

What defenses may apply to extortion charges?

If you are charged with extortion by the State of Maryland or by the federal government, you need an experienced criminal defense attorney. We can argue that:

• You didn’t commit the offense of extortion. The prosecution must prove beyond a reasonable doubt each element of the crime. We work to show that the prosecution hasn’t met its burden. This includes arguing that threats, force, economic injury, or immigration weren’t involved or that the alleged victim unreasonably thought those elements applied when they didn’t
• Your Constitutional rights were violated. The police must comply with your Fourth, Fifth, and Sixth Amendment rights. Statements made against your interest and seizure of property without a warrant may justify having the evidence suppressed because your rights were violated. If the key evidence is suppressed, then it’s likely the charges will be dismissed, the prosecution will offer a plea bargain, or a jury will acquit a defendant.
• There was no intent. Extortion generally requires the specific intent to commit the crime. The prosecution must prove you had the state of mind (called “mens rea”) to commit extortion. If you were incapacitated at the time, or no evidence of intent to distort is present, then we will argue it was not extortion.
• The property, assets, or money was yours. If you had a reasonable belief that you owned the property or items that were taken or threatened to be taken, then you could be within your rights to ask for it back.

At Carey Law Office, our criminal defense lawyer fights for anyone charged with a criminal offense in and near Crofton, Bowie, or Calvert County. We represent clients at all stages of the criminal process from the arrest through the trial. We defend clients in federal courts and state courts. Joseph Carey fights to have the charges dismissed, to suppress any evidence illegally obtained, and to obtain court acquittals. We also negotiate plea agreements to lesser charges when it is in your best interests, and you approve the plea bargain.

If you’ve been arrested for extortion or any other white-collar or blue-collar crime, call our experienced Bowie and Crofton defense lawyer at 301-464-2500 or fill out our contact form to schedule an appointment.