Part 7 Extortion Flashcards
Define Extortionate Means:
Extortionate Means:
• Threat (implicit/express) of violence (or)
• The use of violence (or)
• Criminal means to harm the person or any person (i.e. individual, family members, associates) to include their reputation or property
Define Creditor:
Creditor:
• Person who extends credit (makes loans) [or]
• Any person claiming (trying to collect) through someone extending credit (making loans)
Define Debtor:
Debtor:
• Anyone who takes on a debt
• Anyone who guarantees repayment of a debt (regardless of who the debt belongs to)
• Anyone who tries to compensate a debt (regardless of who the debt belongs to or how the debt is fulfilled)
Define Repayment of an extension of credit:
Repayment of an extension of credit: • Repayment • Satisfied/Discharged • Whole or In part • Acknowledged or disputed • Valid or invalid
Define collect
To collect:
• Induce repayment in any way
Define extending credit
Extending credit:
• Defer/postpone
Define Extortionate extension of credit (Prima Facie Evidence)
Extortionate extension of credit (Prima Facie Evidence)
All of the following factors must exist:
• The debt is unenforceable using the civil judicial processes (i.e. the debt cannot be legally collected because the debt is illegal in nature)
• The debt’s yearly interest rate is higher than 45%
• The debtor reasonably believed either:
o The creditor (the person who made the loan) has collected payment or punished non-payment of debts w/ extortionate means (or)
o The creditor (the person who made the loan) has a reputation for extortion
• The debt is over $100
** If direct evidence is not available, the court may allow evidence introduced to show the creditor’s reputation/collection practices **
Define Financing Extortionate Extensions of Credit:
Financing Extortionate Extensions of Credit:
Willfully (Intentionally) advancing [thing to be loaned i.e. money/property/etc.] to someone who will directly or indirectly make extortionate extensions of credit (i.e. loan sharking)
Define Collection of Extensions of Credit by Extortionate Means:
Collection of Extensions of Credit by Extortionate Means:
(K) Participating IN ANY WAY or CONSPIRING to use extortionate means:
• To collect or attempt to collect a debt (or)
• To punish non-repayment of a debt
Define extortion
Obtain or control property/labor/services w/ intent to deprive by threatening (word/conduct) to:
• Cause bodily injury(hurt) in the future
• Cause damage to property
• Confine or restrain
• Commit a crime
• Accuse the vic. of a crime
• Expose a secret (true or false)
• Reveal info. the vic. wants concealed
• To testify or refuse to testify
• To take or withhold action as a public servant
• Cause a boycott
• Deprive vic. of official documents (DL/passport/etc.)
• Any act that would harm the vic. (catch all)
(OR)
(Intentionally) compels/induces another’s conduct by threatening (anything listed above)
(OR)
Makes/Finances any extortionate credit (or) collects credit by extortionate means
Define extortion in the 1st degree
Extorts prop./labor/services value greater than $200 w/in 12 mo. period
(OR)
Makes/Finances any extortionate credit
(or)
collects debt by extortion means
What is the classification of extortion in the 1st degree
Class B felony
Define extortion in the 2nd degree
Extorts prop./labor/services value greater than $50 w/in 12 mo. period
(OR)
(Intentionally) compels/induces another’s conduct by threatening:
• Cause bodily injury(hurt) in the future
• Cause damage to property
• Confine or restrain
• Commit a crime
• Accuse the vic. of a crime
• Expose a secret (true or false)
• Reveal info. the vic. wants concealed
• To testify or refuse to testify
• To take or withhold action as a public servant
• Cause a boycott
• Deprive vic. of official documents (DL/passport/etc.)
• Any act that would harm the vic. (catch all)
What is the classification for extortion in the 2nd degree
Class C felony
Define extortion in the 3rd degree
Extorts property, labor, or services
