Federal Blackmail Defense Lawyer Arizona | 18 U.S.C. Â§ 873

Federal Blackmail Defense

Defense representation for federal blackmail charges under 18 U.S.C. § 873 and related
threat-based offenses in Arizona.

Myles A. Schneider

30+ Years Federal Defense

Facing Federal Blackmail Charges? We Can Help.

Someone is claiming you threatened to expose information unless they paid you and now federal agents are at your door. Federal blackmail charges can arise from situations that started as personal disputes or business disagreements. The government takes a broad view of what constitutes a threat and they don’t need to prove you actually received any money. The accusation alone can result in serious federal charges.

I defend blackmail and extortion cases by examining the full context of the communications. What the government calls blackmail might actually be a legitimate demand or a misunderstood conversation. I know how to present the complete picture to the court.

Federal Statute Details: 18 U.S.C. § 873

The federal blackmail statute, 18 U.S.C. § 873, criminalizes the act of demanding or receiving money or other valuable things under the threat of informing, or as consideration for not informing, against any violation of any law of the United States [1].

To secure a conviction under 18 U.S.C. § 873, the government must prove the following elements beyond a reasonable doubt:

A Threat or Consideration: The defendant made a threat to inform, or offered consideration for not informing, about a violation of a federal law.

Demand or Receipt: The defendant demanded or received money or another “valuable thing.”

Intent: The defendant acted with the specific intent to extort or blackmail the victim.

It is crucial to distinguish blackmail under § 873 from other forms of extortion. Blackmail specifically involves the threat of revealing a *federal crime*. If the threat involves physical violence or property damage, it may be prosecuted under the Hobbs Act (18 U.S.C. § 1951) or other extortion statutes, which carry significantly harsher penalties [2]. The “valuable thing” demanded does not have to be money; it can be services, property or any action the victim would not ordinarily perform [3].

Sentencing Guidelines and Penalties

A conviction under 18 U.S.C. § 873 is a federal misdemeanor, carrying a maximum penalty of up to one year in federal prison, a fine, or both [1]. However, the actual sentence is heavily influenced by the United States Sentencing Guidelines (USSG).

The applicable sentencing guideline for blackmail is USSG §2B3.3.

Base Offense Level: The base offense level for blackmail is 9 [4].

Specific Offense Characteristics: The offense level can be increased based on the amount of money or the value of the item demanded or received.

If the amount exceeded $2,000 but did not exceed $5,000, the offense level is increased by 1 level.

If the amount exceeded $5,000, the offense level is increased according to the theft table in §2B1.1 [4].

If the offense involved extortion under color of official right, the guidelines direct the court to apply §2C1.1 (Bribery and Extortion Under Color of Official Right). If the offense involved extortion by force or threat of injury or serious damage, §2B3.2 applies [4].

DOJ Enforcement Trends

The Department of Justice (DOJ) continuously shifts its enforcement priorities. Recently, there has been a significant focus on white-collar crimes, cyber-extortion, and “sextortion.”

While traditional blackmail still occurs, the DOJ and the FBI have seen a massive increase in cyber-enabled extortion and sextortion. Sextortion involves threatening to expose sexual images or explicit material unless the victim complies with demands [5]. The FBI has established specialized task forces to combat these crimes, often involving international criminal syndicates targeting minors and adults alike.

The DOJ has also announced a renewed focus on corporate crime and white-collar offenses. Blackmail within a corporate setting—such as an employee threatening to reveal regulatory violations or financial fraud unless compensated—falls squarely within these priorities.

Arizona/District of Arizona Specifics

The District of Arizona, with its main divisions in Phoenix and Tucson, has unique characteristics that influence federal prosecutions.

The U.S. Attorney’s Office for the District of Arizona handles a massive volume of cases, heavily skewed toward immigration and drug trafficking offenses due to the proximity to the U.S.-Mexico border. However, white-collar crimes, public corruption, and cybercrimes remain high priorities for the specialized units within the Phoenix and Tucson divisions.

In Arizona, federal prosecutors are aggressive in pursuing cases that involve public officials, law enforcement officers, or significant financial losses. If a blackmail case intersects with border security, human smuggling, or drug cartels (e.g., threatening to expose a smuggling route), the prosecution will be particularly intense.

The Investigation Process

Federal investigations into blackmail are thorough and often covert. They are typically led by the Federal Bureau of Investigation (FBI), though other agencies like the IRS Criminal Investigation (IRS-CI) or Homeland Security Investigations (HSI) may be involved depending on the nature of the underlying federal crime being used as leverage.

Investigations are usually triggered by a complaint from the victim. Because blackmail involves a threat to reveal a federal crime, the victim is often in a precarious position, admitting to their own potential criminal liability to report the extortion. These investigations can last months or even years.

Federal agents use sophisticated techniques to gather evidence, including:

Wiretaps and Consensual Monitoring: Agents may record phone calls or have the victim wear a wire during meetings with the suspect.

Subpoenas: Grand jury subpoenas are used to obtain bank records, emails, text messages, and phone logs.

Search Warrants: Agents may execute search warrants on the suspect’s home, office or electronic devices to find evidence of the threat or the demanded funds.

Common Fact Patterns

Blackmail charges under 18 U.S.C. § 873 typically arise from specific scenarios:

The Disgruntled Employee: An employee discovers that their employer is committing tax fraud or violating environmental regulations and demands a large “severance” package in exchange for their silence.

The Co-Conspirator: Two individuals are involved in a federal crime (e.g., wire fraud). One threatens to turn the other in to the FBI unless they receive a larger share of the illicit proceeds.

The Informant: An individual discovers someone is harboring undocumented immigrants and demands regular payments to keep the information from ICE or Border Patrol.

Defense Strategies

Defending against federal blackmail charges requires a nuanced understanding of the statute and the rules of evidence. Experienced federal defense attorneys in Arizona employ several strategies:

Lack of Intent: The defense may argue that the defendant did not have the specific intent to extort. For example, the communication might have been a legitimate negotiation or a misunderstanding rather than a threat.

No Threat of a *Federal* Crime: Section 873 specifically requires the threat to involve a violation of a *law of the United States*. If the threat was to reveal a state crime or merely embarrassing personal information (not a crime), the charge under § 873 is invalid.

First Amendment Protections: In some cases, the defense may argue that the communication was protected speech, though this is a complex and narrow defense in extortion cases.

Entrapment: If federal agents induced the defendant to commit the crime when they otherwise would not have, an entrapment defense may be viable.

Consequences Beyond Prison

A federal conviction carries severe collateral consequences that extend far beyond a prison sentence or fines:

Asset Forfeiture: The government can seize any assets or money obtained through the blackmail scheme.

Professional Licenses: A federal conviction will almost certainly result in the loss or suspension of professional licenses (e.g., law, medicine, real estate, finance).

Immigration Consequences: For non-citizens, a conviction for an aggravated felony or a crime involving moral turpitude can lead to deportation, denial of naturalization, or inadmissibility.

Supervised Release: Following any prison term, defendants are subject to strict conditions of supervised release, which may include travel restrictions, financial disclosures, and regular reporting to a probation officer.

Is blackmail a felony or a misdemeanor under federal law?

A: Blackmail under 18 U.S.C. § 873 is classified as a federal misdemeanor, carrying a maximum penalty of one year in prison. However, related extortion charges (like the Hobbs Act) are serious felonies.

What is the difference between blackmail and extortion?

A: While often used interchangeably, under federal law, blackmail (§ 873) specifically involves threatening to reveal a violation of federal law in exchange for something of value. Extortion generally involves obtaining property through the wrongful use of actual or threatened force, violence or fear.

Can I be charged with blackmail if the information I threatened to reveal was true?

A: Yes. The truth of the information is not a defense to blackmail. The crime is the act of demanding something of value in exchange for keeping the information secret.

What should I do if federal agents contact me about a blackmail investigation?

A: You should politely decline to answer any questions and immediately contact an experienced federal criminal defense attorney. Do not attempt to explain the situation or negotiate with the agents, as anything you say can be used against you.

Will I have to register as a sex offender if convicted of sextortion?

A: It depends on the specific charges and the age of the victim. While 18 U.S.C. § 873 is a general blackmail statute, sextortion cases are often charged under other statutes (like child exploitation laws) that do require sex offender registration.

How does the government prove I intended to blackmail someone?

A: The government relies on circumstantial evidence, such as emails, text messages, recorded phone calls, and witness testimony, to demonstrate that your actions were a deliberate attempt to coerce the victim into providing something of value. —

References:?

[1] 18 U.S. Code § 873 – Blackmail. Cornell Law School. https://www.law.cornell.edu/uscode/text/18/873 [2] Difference Between Federal Blackmail and Extortion. Scrofano Law. https://www.scrofanolaw.com/federal-blackmail-and-extortion/ [3] 18 U.S.C. § 873 | Blackmail and Extortion. Cron, Israels & Stark. https://www.cronisraelsandstark.com/federal-blackmail-and-extortion [4] 2001 Federal Sentencing Guideline Manual, §2B3.3. Blackmail and Similar Forms of Extortion. United States Sentencing Commission. https://www.ussc.gov/guidelines/guidelines-archive/2001-2b33 [5] Sextortion. Federal Bureau of Investigation. https://www.fbi.gov/how-we-can-help-you/scams-and-safety/common-frauds-and-scams/sextortion

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Myles A. Schneider

30+ Years Federal Defense Experience

U.S. Army Veteran (82nd Airborne)

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