Robbery, Extortion, and Bribery in One Place: A Legal Overview of the Hobbs Act

Summary

The Hobbs Act proscribes obstructing commerce by means of robbery or extortion or attempting or conspiring to do so. The Act applies to individuals and legal entities alike. It permits prosecutions, although the impact on commerce may be minimal. It condemns the robbery—knowingly taking the property of another by force or threat—of drug dealers, mom-and-pop markets, and multinational corporations.

Attempted Hobbs Act robbery consists of an intent to rob, coupled with a substantial step toward that objective; conspiracy, a scheme of two or more to rob or extort; and accomplice liability, aiding and abetting a Hobbs Act violation of another.

Hobbs Act robbery, punishable by imprisonment for not more than 20 years, often occurs in confluence with the use of a firearm during and in furtherance of its commission, a fact that triggers the mandatory minimum sentences authorized in 18 U.S.C. § 924(c). The facts present in a Hobbs Act robbery case may also implicate violations of (1) the federal racketeering statute punishable by imprisonment for not more than 20 years and (2) the federal money laundering statutes, likewise punishable by imprisonment for not more than 20 years.

Hobbs Act extortion comes in two forms. One is akin to robbery, the other to bribery. Neither requires but a minimal impact on commerce. Both view individuals as well as organizations as potential defendants. As a robbery look-alike, it outlaws the wrongful use of force or fear to induce another to surrender property to which the aggressor has no lawful claim. As a bribery look-alike, it outlaws corrupt quid pro quos, i.e., a public official obtaining a payment, to which he is not entitled, in anticipation of the performance of an official act. The proscriptions also apply to attempt or conspiracy to commit either variety of Hobbs Act extortion and may implicate accomplice liability (aiding and abetting) as well.

Hobbs Act extortion in either form is punishable by imprisonment for not more than 20 years. Moreover, in addition to the racketeering and money laundering, the facts in a Hobbs Act extortion case may also implicate the Travel Act, which condemns interstate travel to promote an extortion or bribery scheme and that carries a penalty of imprisonment for not more than five years.