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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102162
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Being blackmailed & need some help

Customer Question

Being blackmailed & need some help
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this. What can I answer for you, please? Tell me more about the situation.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
I had a bisexual affair - I am a married man with children- my wife knows - kids do not- last few months he has been asking for small amounts of money that I gave to him- I was I reachable on Friday night so he showed up at my house and we needed to call the cops- it appears this morning that he got into my personal google account- do you have advice and know of someone we can hire to help in New York City-
Expert:  Ely replied 1 year ago.

Thank you. Now, you list NJ as your state, but now say that this is NY. Can you please tell me what state you live in and what state your affair partner lives in? This is important, as state laws matter here.

Customer: replied 1 year ago.
We live in New Jersey yet affair happened in office in much- yet the man lives in New Jersey as well
Expert:  Ely replied 1 year ago.

Thank you.

NJ disallows blackmail, also called extortion. This is actually called Theft by Extortion under 2C:25-C:

2C:20-5. Theft by Extortion

2C:20-5. Theft by extortion
A person is guilty of theft by extortion if he purposely and unlawfully obtains property of another by extortion. A person extorts if he purposely threatens to:

a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;

b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.

It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.
L.1978, c. 95, s. 2C:20-5, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 34, eff. Sept. 1, 1979.

It is arguable that his actions may amount to extortion. If so, then someone in your situation can have an attorney send them a cease/desist letter, threatening to file a criminal complaint unless he goes away. Now normally that is enough to scare almost anyone. An attorney would likely charge a few hundred dollars for such a letter, but it would be an "investment" of sorts - to help make this issue disappear.

Again, most parties would indeed then walk away. Even though this may be a bluff on your part, such a letter is likely to scare him enough.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!