Friday, November 5, 2010

BLACKMAIL/EXTORTION

Bernie, I believe you will find these two articles interesting and informative when dealing with Stan. I can't believe that some of our learned Sun City Legal Eagles has not picked up on this. These articles point out Blackmail/Extortion are covered under both Civil & Criminal Laws. For the good of SCSCAI, a group of homeowners should come together, then focus on rectifying this Blackmail/Extortion problem, I would do my part. If this problem isn't dealt with first, SCSCAI will continue down the same path for the next ten years. Question: how can we expect any homeowner to run for the Board knowing they are subject to Blackmail/Extortion? How can any Board member provide the oversight to the finances of SCSCAI when subjected to Blackmail/Extortion? I think I made my point.

Think about it and give me a call,

Dwain
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Blackmail is the act of threatening to reveal substantially true information about a person to the public, a family member, or associates unless a demand is met. This information is usually of an embarrassing, socially damaging, and/or incriminating nature. As the information is substantially true, the act of revealing the information may not be criminal in its own right nor amount to a civil law defamation; it is the making of demands in exchange for withholding the information that is often considered a crime. English Law creates a much broader definition of blackmail, covering any unwarranted demands with menaces, whether involving revealing information or not. However, from a libertarian perspective, blackmail is not always considered a crime [1][2]. Some libertarians point out that it is licit to gossip about someone else's secret, to threaten to publicly reveal such information, and to ask that person for money, but it is illegal to combine the threat with the request for money, which raises the question, "Why do two rights make a wrong?"[3]
Blackmail is similar to extortion. The difference is that extortion involves an underlying, independent criminal act, while blackmail does not.

EXTORTION:
The following are NV statutes:
NRS 205.320 Threats.
A person who, with the intent to extort or gain any money or other property or to compel or induce another to make, subscribe, execute, alter or destroy any valuable security or instrument or writing affecting or intended to affect any cause of action or defense, or any property, or to influence the action of any public officer, or to do or abet or procure any illegal or wrongful act, whether or not the purpose is accomplished, threatens directly or indirectly:
1. To accuse any person of a crime;
2. To injure a person or property;
3. To publish or connive at publishing any libel;
4. To expose or impute to any person any deformity or disgrace; or
5. To expose any secret, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment. In addition to any other penalty, the court shall order the person to pay restitution.

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