What is the statute of limitations on Hobbs Act violations?

Statute of Limitations on Hobbs Act Violations

The Hobbs Act, which prohibits robbery or extortion affecting interstate or foreign commerce, is a frequently used federal criminal statute. However, like most crimes, Hobbs Act violations are subject to a statute of limitations – meaning prosecutors only have a certain amount of time to charge someone before the window for prosecution closes. But what exactly is the statute of limitations for a Hobbs Act charge? Let’s take a closer look.

The Hobbs Act

First, a quick primer on the Hobbs Act itself. Enacted in 1946, the Hobbs Act (18 U.S.C. § 1951) prohibits actual or attempted robbery or extortion that affects interstate or foreign commerce in any way. The statute defines robbery as taking personal property from another by force or violence. Extortion involves obtaining property under color of official right or through fear of injury.

Prosecutors often use the Hobbs Act against public officials accused of taking bribes, gang members who rob drug dealers, and in many other corruption and racketeering cases. A Hobbs Act violation is a felony punishable by up to 20 years in prison.

The Statute of Limitations

For most federal crimes, the statute of limitations is five years from the date the offense was committed. However, Congress has enacted longer limitations periods for certain serious crimes. This includes an eight-year statute of limitations for Hobbs Act violations that carry a maximum penalty of more than one year in prison.

So in simple terms, the statute of limitations for most Hobbs Act charges is eight years. Prosecutors normally have eight years from the date of an alleged Hobbs Act robbery or extortion to file charges. If no charges are brought within eight years, the statute of limitations has expired and prosecution is barred.

Exceptions and Tolling Provisions

As with most statutes of limitations, there are exceptions and tolling provisions that can extend or pause the limitations period. For example, the limitations period is tolled if the defendant flees from justice or evades prosecution. The clock stops running until the defendant is located or re-enters the jurisdiction.

The limitations period may also be extended in terrorism cases. A 10-year statute of limitations applies if the offense resulted in or created a foreseeable risk of death or serious bodily injury. And a 12-year limitations period applies if the violation resulted in or risked serious bodily injury and also satisfied the statutory definition of “international terrorism.”

In addition, the limitations period does not run during any time when charges are pending against the defendant. So if charges are dismissed on procedural grounds after the limitations period has expired, prosecutors can refile the charges within six months.

When the Clock Starts Running

An important question in Hobbs Act cases is when exactly the eight-year limitations period begins to run. The limitations period generally starts on the date the offense was committed. With continuing offenses like conspiracy, it runs from the last overt act during the existence of the conspiracy.

Issues sometimes arise over when a particular Hobbs Act violation was “committed.” For example, if extortion involves multiple payments over time, courts may hold that a new and distinct violation occurs with each payment. The clock starts fresh with each act of extortion, rather than the first act.

However, the limitations period begins to run once the plot or scheme is complete, even if additional acts are taken to cover up the crime. Ongoing efforts to conceal a Hobbs Act violation do not extend the statute of limitations.

Waiving the Statute of Limitations

Finally, it is important to note that a defendant can waive the statute of limitations as part of a plea bargain or deferred prosecution agreement. By pleading guilty, a defendant gives up any statute of limitations defense. And non-prosecution and deferred prosecution agreements often require waiving limitations periods going forward.

So while the statute of limitations imposes an eight-year time limit on most Hobbs Act prosecutions, a variety of factors can affect when the clock starts and whether exceptions apply. The rules are complex, so anyone facing potential Hobbs Act charges should consult an experienced federal criminal defense attorney. An attorney can carefully assess when the statute of limitations expires and whether there are grounds to assert a limitations defense.