Criminal Law
| Hobbs Act Generally |
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| The elements with respect to a violation of the Hobbs Act are as follows:
1. Obstruction or effect on interstate commerce. 2. An attempt, conspiracy or completed robbery or extortion is committed. 3. The use of actual or threatened violence or injury to an individual or property.
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| FEDERAL LAWS REGARDING EXTORTION |
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| A person commits the federal offense of extortion if he or she transmits in interstate or foreign commerce any demand or request for ransom or for a reward for the release of a kidnapped person, any threat to kidnap or injure another person, or any threat to injure the property or reputation of another person or to accuse another person of a crime with the intent to extort. The federal offense of extortion applies to both interstate and foreign telephone calls and other forms of communication. As long as the communication crosses state or national borders, the communication is considered to involve interstate or foreign commerce. More... |
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| FEDERAL STRIKE FORCES |
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| United States Attorneys' offices have federal strike forces. Such strike forces are called Organized Crime Strike Force Units (OCSFUS). The OCSFUS are responsible for supervising and prosecuting cases against criminal enterprises that operate in or that affect the United States. The Attorney General's Organized Crime Council identifies those criminal enterprises. The terms "organized crime" refer to criminal groups that engage in repeated illegal activities over an extended period of time within the United States.
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| JURY INSTRUCTIONS ON ELEMENTS OF AN OFFENSE |
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| The prosecution has the burden of proving all the elements of an offense with which a defendant is being charged. In accordance with this burden of proof, a trial court is required to specifically instruct a jury on all the elements of the offense. A jury instruction is defective if it fails to set forth all the elements of the offense. More... |
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| Criminal Forfeitures and Attorney Fees |
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| Although a defendant has a right to an attorney and although the attorney has a right to be compensated for her services, the defendant does not necessarily have the right to transfer an asset to that attorney in lieu of payment when the asset may be subject to criminal forfeiture. Generally, the defendant may transfer an asset for compensation to her attorney if: More... |
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