THE LINE IN THE SAND HAS BEEN DRAWN AND THEY DID IT!

By Jacqueline Flanigan – November 10, 2009



Pelosi 'Healthcare' Bill: Buy a $15,000 Policy or Go to Jail

Before I get started on my rant let me clarify a couple of definitions:

Webster’ Dictionary:

EXTORT: [to wrench out, extort, to twist – more at TORTURE] to obtain from a person by force, intimidation, or undue or illegal power: WRING: also: to gain esp, by ingenuity or compelling argument.

EXTORTION: 1: the act or practice of extorting esp: money or other property: esp: the offense committed by an official engaging in such practice. 2: something extorted; esp: a gross overcharge - ex-tor-tion-er --- ex-tor-tion-ist.

Federal Laws Definition of Extortion:

Most states define extortion as the gaining of property or money by almost any kind of force, or threat of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action. While usually viewed as a form of theft/larceny, extortion differs from robbery in that the threat in question does not pose an imminent physical danger to the victim.

For example, John goes to Fred's place of business and demands monthly payment from Fred for the business's "protection" from vandalism and after-hours theft. Fearing that he or his business will suffer harm otherwise, Fred agrees to pay John.

Extortion

Penal Code Sections 518-527

Federal

Extortion and threats

18 USC Chapter 41

What is Extortion?

The obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.

Under the Common Law, extortion is a misdemeanor consisting of an unlawful taking of money by a government officer. It is an oppressive misuse of the power with which the law clothes a public officer.

Most jurisdictions have statutes governing extortion that broaden the common-law definition. Under such statutes, any person who takes money or property from another by means of illegal compulsion may be guilty of the offense. When used in this sense, extortion is synonymous with blackmail, which is extortion by a private person. In addition, under some statutes a corporation may be liable for extortion.

Elements of Offense

Virtually all extortion statutes require that a threat must be made to the person or property of the victim. Threats to harm the victim's friends or relatives may also be included. It is not necessary for a threat to involve physical injury. It may be sufficient to threaten to accuse another person of a crime or to expose a secret that would result in public embarrassment or ridicule. The threat does not have to relate to an unlawful act. Extortion may be carried out by a threat to tell the victim's spouse that the victim is having an illicit sexual affair with another.

Other types of threats sufficient to constitute extortion include those to harm the victim's business and those to either testify against the victim or withhold testimony necessary to his or her defense or claim in an administrative proceeding or a lawsuit. Many statutes also provide that any threat to harm another person in his or her career or reputation is extortion.

Under the common law and many statutes, an intent to take money or property to which one is not lawfully entitled must exist at the time of the threat in order to establish extortion. Statutes may contain words such as "willful" or "purposeful" in order to indicate the intent element. When this is so, someone who mistakenly believes he or she is entitled to the money or property cannot be guilty of extortion. Some statutes, however, provide that any unauthorized taking of money by an officer constitutes extortion. Under these statutes, a person may be held strictly liable for the act, and an intent need not be proven to establish the crime.

Statutes governing extortion by private persons vary in content. Many hold that a threat accompanied by the intent to acquire the victim's property is sufficient to establish the crime; others require that the property must actually be acquired as a result of the threat. Extortion by officials is treated similarly. Some statutes hold that the crime occurs when there is a meeting of the minds between the officer and the party from whom the money is exacted.

Extortion by Public Officers

The essence of extortion by a public officer is the oppressive use of official position to obtain a fee. The officer falsely claims authority to take that to which he or she is not lawfully entitled. This is known as acting under color of office. For example, a highway department officer who collects money from a tax delinquent automobile owner in excess of the authorized amount on the pretense of collecting a fine is extorting money under color of office. The victim, although consenting to payment, is not doing so voluntarily but is yielding to official authority.

[The abuse of official power by The Speaker of The House (Nancy Pelosi) to plan, publicly threaten every person in the nation and pass unconstitutional laws that threaten to inflict harm on all persons (5 years in Jail on law-abiding citizens – definitely considered harmful and even life threatening) robbing them of their money (250,000.00 fine) and every bit of property they own when they are forced into jail and cannot pay for or protect while under incarceration, is the most egregious abuse of official extortion, robbery, and complicity under the color of law and in my book High Treason.]

There are four basic ways in which a public officer commits extortion. The officer might demand a fee not allowed by law and accept it under the guise of performing an official duty. He or she might take a fee greater than that allowed by law. In this case the victim must at least believe that he or she is under an obligation to pay some amount. A third method is for the officer to receive a fee before it is due. The crime is committed regardless of whether the sum taken is likely to become due in the future. It is not criminal, however, for an officer to collect a fee before it is due if the person paying so requests. Finally, extortion may be committed by the officer's taking a fee for services that are not performed. The service refrained from must be one within the official capacity of the officer in order to constitute extortion.

Other Crimes Distinguished

As a crime of theft, extortion is closely related to Robbery and False Pretenses.

Robbery differs from extortion in that the property is taken against the will and without the consent of the victim, unlike extortion, where the victim consents, although unwillingly, to surrender money or property. Another distinguishing factor is that the nature of the threat for robbery is limited to immediate physical harm to the victim or his or her home. Extortion, on the other hand, encompasses a greater variety of threats.

False pretenses is another crime that is similar to extortion. The main difference is that in the case of false pretenses, the property is obtained by a lie rather than a threat.

[Well gee folks, I guess we can add FALSE PRETENSES to that list of egregious abuses because the whole 2000 pages of the Healthcare Bill are based on lies.]

Defenses

A person who acts under a claim of right (an honest belief that he or she has a right to the money or property taken) may allege this factor as an Affirmative Defense to an extortion charge. What constitutes a valid claim of right defense may vary from one jurisdiction to another. For example, M, a department store manager, accuses C, a customer, of stealing certain merchandise. M threatens to have C arrested for Larceny unless C compensates M for the full value of the item. In some jurisdictions it is only necessary for M to prove that he or she had an honest belief that C took the merchandise in order for M to avoid an extortion conviction. Other jurisdictions apply a stricter test, under which M's belief must be based upon circumstances that would cause a reasonable person to believe that C took the item. Another, more stringent, test requires that C in fact owes the money to M. Finally, some states entirely reject the claim of right defense on the theory that M's threat is an improper means of collecting a debt.

[I think we can safely say that trying to force one to do something that one doesn’t want to do; that is against their principles, religion, beliefs, and freedom of choice by inflicting the threat of imprisonment, fines and loss of property and possibility loss of life, is an improper means of collecting what is not theirs in the first place.]

Punishment

Extortion is generally punished by a fine or imprisonment, or both. When the offense is committed by a public officer, the penalty may include Forfeiture of office. Under some statutes, the victim of extortion may bring a civil action and recover pecuniary damages.

[Where is the FBI, on this, the defenders of our nation, why hasn’t this sub-human already been arrested and all those who were complicit in this extortion by voting for this unconstitutional and treasonous bill? What Nancy Pelosi is threatening us with is not only all that mentioned above, but it is out and out Terrorism]

Federal Offenses

Extortion is also a federal offense when it interferes with interstate commerce. It is punishable by a fine, imprisonment, or both. Another federal statute makes it a crime to engage in extortionate credit transactions. [Oh yeah, they are going to be in violation of this one too when they try to control the rights of the insurance companies to sell their products, try to extract funds out of the accounts of people and businesses for premiums, fines and taxes that they refuse or cannot pay!]

What is complicity or accomplice liability?

Complicity, also known as aiding and abetting, is the act of being an accomplice. An accomplice is someone who helps in, or in some states merely encourages, the commission of a crime. Courts sometimes refer to such a person as an aider or an abettor. This person did not commit the crime, but his or her actions helped enable someone else to do so. Examples of complicity include supplying weapons or supplies, acting as a lookout, or driving the getaway car. Other examples are bringing the victim to the scene of the crime or signaling the victim's approach. Accomplice liability means that anyone who helps in the commission of a crime is as guilty as the person who committed the crime and could be punished as severely if convicted.

[Someone who votes for an unlawful bill, knowing it is unlawful and intended to be used to extort the people out of their money, property and freedom.]

[All these treasonous, traitor, terrorists should be relieved of their offices and thrown in jail.]

Start with your State Attorney Generals and make your voices heard. Call the Federal Bureau of Investigation and ask them why they are not doing their job to protect the citizens of this country from corrupt public officials.

If they can’t do their jobs then maybe we all ought to quit paying their salaries.

Maybe if we quit paying for the Cadillac Insurance plans and plush retirement plans for corrupt officials, they might consider concentrating on something that works for their constituents for a change, instead of plotting and scheming on how they can extort more out of us without giving a thought to the stability of the country or the human life that they are destroying.

They are already violating their own foul self-serving hate crimes bill. Along with all the violations above they are inducing hatred across the nation for them and distrust among the people for the entire rule of government and rule law. By threatening law abiding citizens with punishments that are inflicted only on the worst of the worst of the criminal element and by the protectors of the rule of law allowing these threats to go unpunished, we in turn are seeing and will experience complete chaos and lawlessness across the land.

A lesson in the rule of nature to those who place themselves on the throne of Kings and Queens:

“Punish innocents for the crimes of criminals and vengeful killers you will create.