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If someone threatens to turn in another to FBI if they don't perform a certain service then the next day issues a retraction and applogy saying they didn't mean if and was just upset, can they still be charged with extortion?
Optional Information: Country relating to Question: United StatesState (if USA): CaliforniaWhat have you tried so far?: nothing, just been threatened with lawsuit charging extortion despite retraction letter.
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Were they threatening to tell the FBI about some criminal activities the person was engaged in, or threatening to tell the FBI he did not perform a service?
yes, i was threatening to tell the fbi
I wanted the person to quit claim to me property they fraudulenly took from me
That is not extortion, nor is it illegal in any other way. It may weaken a criminal case agains the person, but telling them you are going to report them is not against the law.
Not as simple as that. that person, during the closing on some property, made themselve half owner. In the meantime I found other evidence of fraud and theft not related to the property. So I threaten to turn over that evidence to fbi and irs if they didn't quit claim the property to me.
Then realizing that may be extortion i wrote a letter retracting all the threats. so is that still extortion.
In a word, yes.
In crimial law, once a crime is complete, a person can't simply "take it back."
For example, if a person robs a bank, they cannot take the money back a day later and erase the robbery.
The same principle applies to extortion. A person cannot commit extortion, then later "take it back" and erase the criminal conduct.
OK, how can I reduce the damage? I have not sent anything to any agencies. I also can give them the evidence
That said, doing so may make the police less likely to investigate it and the prosecutor less likely to pursue charges.
There isn't really anything you can do to limit the damage, except what you have already done, which is to withdraw from the conduct.
OK, any other advice?
It seems unlikely the person will report you, as they know that will result in their criminal conduct being discovered.
My advice would be to lay low.
Good point and good advice. Yeah, if the report it then the damning evidence would come to light.'
My guess is that the other person never reports it.
Thank you. great sevice
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Experience: Experienced in both state and federal court.