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Bornscheuer: Extortion includes fear of economic loss

By Tim Cone

In U.S. v. Bornscheuer, No. 06-14607 (March 31, 2009), the Court affirmed Hobbs Act convictions arising out of extortion.The Court rejected the argument that the "fear" that underlies an extortion conviction must relate only to fear of physical violence, not, as the jury was instructed to fear "of economic loss as well as fear of physical violence." The Court said both types of fears were contemplated by its precedent in U.S. v. Grassi, 783 F.2d 1572 (11th Cir. 1986).The Court also rejected Confrontation Clause challenge to the admission of out-of-court statements, pointing out that the statement in question fell within the hearsay exception for a statement of a co-conspirator made in furtherance of a conspiracy.

Full post as published by Defense Newsletter Blog on April 06, 2009 (boomark / email).