When is a claim actually extortion? – Daily Breeze

Q: A woman I’ve been dating for a year claims I gave her herpes. Her lawyer just sent me a letter saying she has claims that will go to “open court” unless I settle. The request is for a lot of money, but I don’t believe for a second that I gave him herpes. Isn’t that extortion?

CD, Marina del Rey

A: Many lawyers write demand letters with the comforting thought that written communications relating to potential litigation are protected by absolute privilege. Thus, accusatory allegations made in a letter, even if they are defamatory, do not give rise to a viable claim. The privilege, however, is not entirely absolute. It is unethical for a lawyer to threaten to bring criminal, administrative or disciplinary charges to gain an advantage in a civil litigation.

Ron Sokol

Extortion is a threat to accuse someone of a crime, or to expose or impute significant wrongdoing to someone, accompanied by a demand for payment “or otherwise”. The threat to report a crime or to suggest that you might charge someone with particularly egregious behavior may itself be legal, but combining that threat with a demand for money could rise to the level of extortion and , therefore, be illegal.

Q: Are extortion and blackmail the same thing? Don’t they involve the same type of threats?

FK, Gardena

A: Extortion is the use of a threat to extort money from someone. Blackmail is threats made to get something of value from the other person, such as money, property, or sexual favors. The blackmail is therefore broader. The threats themselves may be the same – such as the intent to inflict harm on someone else – but the nature of what the person seeks in return is the distinction.

Q: We discovered that one of our accountants was embezzling money. We fired her and sent her a letter stating that if she did not reimburse us in full, we would have no choice but to report her crimes to the police. A lawyer replied indicating that he represents her and that he could now sue us for extortion. We can prove what she did, so isn’t the lawyer bluffing?

AS, Wilmington

A: We don’t know if the attorney is bluffing, but I wouldn’t be happy to press charges against you on behalf of the former employee. However, there is case law that says that even if a person has committed a crime, the threat to report it can be extortion when accompanied by a demand for money.

A proper letter to your former employee could outline what wrongdoing was discovered and why there was substantial cause for their termination. But it would be misguided to state that unless she reimburses you, you will report her to law enforcement. A payment demand letter may include an indication that legal action may be taken if the debt is not resolved, but should be worded in such a way as to avoid the risk of going overboard.

Ron Sokol is a Manhattan Beach attorney with over 30 years of experience. His column, which appears on Wednesdays, provides a summary of the law and should not be construed as legal advice. Email him your questions and comments at [email protected] or write to him at Ask the Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503.

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