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18 U.S.C. § 1951 – Robbery/extortion affecting interstate commerce
18 U.S.C. § 1951 – Robbery/Extortion Affecting Interstate Commerce
18 U.S.C. § 1951, also known as the Hobbs Act, is a federal law that prohibits actual or attempted robbery or extortion that affects interstate or foreign commerce in any way or degree[1]. This law carries some hefty penalties, including fines and up to 20 years in prison[1], so it’s important to understand what it covers.
What is Robbery Under the Hobbs Act?
The Hobbs Act defines robbery pretty broadly. Basically, it’s taking someone else’s property without their consent by using force, threats of force, or violence[2]. Some examples could include:
- Holding someone up at gunpoint and taking their wallet
- Breaking into a store at night and stealing merchandise
- Mugging someone and taking their phone
It doesn’t matter if the robbery is successful or just attempted. Even just threatening force or violence to take someone’s property is enough to violate the law[1].
What is Extortion Under the Hobbs Act?
Extortion under the Hobbs Act is also defined pretty broadly. It’s obtaining property from someone else, with their consent, through wrongful use of force, violence, fear, or threats[3]. For example:
- Demanding “protection money” from a business owner or else threatening to damage their store
- Forcing someone to hand over their wallet by threatening them with a weapon
- Coercing someone to pay you money by threatening to reveal damaging information about them
So the key difference between robbery and extortion is that with extortion, the victim “consents” to handing over their property, but only because of threats or fear. With robbery, consent is not given at all.
How Does Interstate Commerce Come into Play?
Here’s where the Hobbs Act gets really broad. The robbery or extortion doesn’t actually have to target interstate commerce directly. The law says it just has to affect commerce “in any way or degree”[1].
So robbing a local mom-and-pop convenience store could be charged under the Hobbs Act if the store sells goods that came from other states. Or extorting money from an individual could qualify if they got that money from a business engaged in interstate commerce.
Prosecutors have used this broad language to charge all kinds of robberies and extortion under the Hobbs Act, even if their connection to interstate commerce seems minor. The courts have mostly upheld these charges, giving the Hobbs Act a very wide reach[4].
Penalties Under the Hobbs Act
Like I mentioned earlier, violating the Hobbs Act can lead to some pretty tough penalties:
- Up to 20 years in federal prison
- Fines up to $250,000 for individuals or $500,000 for organizations[5]
- Restitution to compensate victims for their losses
- Forfeiture of property obtained illegally
And if someone is killed during a Hobbs Act robbery or extortion, the defendant can be charged with murder and sentenced to life in prison or even death[5].
Defenses to Hobbs Act Charges
Fighting Hobbs Act charges can be an uphill battle given how broadly the law is interpreted. But possible defenses include:
- No effect on interstate commerce – Arguing the activity did not actually impact interstate commerce in any meaningful way.
- Duress – Claiming you were forced to commit the robbery/extortion under threat of harm.
- Entrapment – Arguing you were induced by police to commit the crime.
- Self-defense – Asserting you had to threaten/use force to protect yourself.
The complexity of Hobbs Act cases means it’s critical to have an experienced federal criminal defense lawyer on your side. They can carefully analyze the evidence and identify potential defenses to get charges reduced or dismissed.
Famous Hobbs Act Cases
Here are a few noteworthy cases that involved Hobbs Act charges:
- United States v. Teamsters Local 560 – Union local leaders were convicted of extorting members’ “rights, privileges and immunities” by using violence and threats of violence to maintain control[6].
- United States v. Gotti – Famous mob boss John Gotti was convicted under the Hobbs Act for a string of murders, extortion, illegal gambling, bribery, and other racketeering activities.
- United States v. McFarland – Defendants were convicted for their roles in a violent Hobbs Act robbery spree targeting cell phone stores across multiple states.
Controversies Around the Hobbs Act
There’s no question the Hobbs Act gives federal prosecutors broad power. Critics argue it has been interpreted too loosely and used to turn local crimes into federal cases. Issues that have been raised include:
- Minor impacts on interstate commerce being treated as sufficient predicates for Hobbs Act charges.
- Potential overreach into areas of traditional state jurisdiction.
- Questions around vagueness and inconsistent application.
- Concerns around fairness and abuse of prosecutorial discretion.
Reform advocates have called for tightening up the interstate commerce requirement and limiting the scope of the law. But prosecutors continue to wield the Hobbs Act as a powerful tool, so anyone facing charges should be aware of the broad reach of this federal statute.
The Bottom Line
Being charged under the Hobbs Act is serious business. This federal law uses very broad definitions of robbery and extortion, paired with a loose standard for affecting interstate commerce. It gives prosecutors wide latitude to pursue charges in many cases that might traditionally be handled at the state or local level.
If you’re under investigation for Hobbs Act violations or have already been indicted, don’t take chances. Get experienced legal counsel on your side right away. An attorney well-versed in federal criminal law can carefully analyze the government’s case, identify defenses when possible, and seek the most favorable outcome if charges are filed.
References
[5] Hobbs Act – Wex Legal Dictionary
Gotti Guilty of Murder and Racketeering