Potential Extorion in Colorado

[orphantech]

Colorado resident

Today My Aunt notified me that a land owner next to her sent her a registered letter demanding payment for "stolen" items from his property.

The letter received reads:

Mrs. (redacted)

I am (redacted). You and I have met several years ago when we reached an agreement regarding access to my property, which lies next to yours near (town redacted). In the last couple of years, I have had some serious problems with thefts out there. My cabin has been broken into on a couple of occasions. Some of the things that have been stolen include a compound bow, a water tank for livestock, 2 antique wood-burning stoves and an old pickup truck. In other words, serious felonies for which anyone found guilty could expect a lengthy prison sentence.

I am sharing this information with you because, according to our neighbors, a nephew of yours has been seen there. Furthermore, those neighbors have indicated that your nephew has been a problem for them, as well. Of course I realize that his having been seen trespassing does not conclusively prove that he is guilty of the other crimes. But it does mean that he is the only actual identified suspect in crimes that include but may not be limited to criminal trespass, vandalism, breaking and entering, burglary and auto theft.

Mrs. (redacted), I sincerely prefer to maintain good relations with my neighbors. The actions of your nephew make this difficult. I have thought about this, and have decided that if your nephew is involved in the thefts, then I am willing to give him a brief opportunity to resolve the situation without involving the police. My sale price for the items that I have mentioned is $3500.00. That is three thousand five hundred dollars for the compound bow, the two wood-burning stoves, the water tank, and the pickup truck. I think that is very reasonable, especially when compared to the prospect of years in prison. I will give your nephew one week from the day that you receive this letter to deliver a check for $3500.00 to my mailbox. I would point out to your nephew that (company name redacted) in (town redacted) specializes in quick, small loans of this nature.

If the check is not delivered within that specified time, then I will assume that he denies involvement. In that situation, I will bring this to the police for investigation. They will know that your nephew has been seen trespassing there, and that other neighbors regard him as a problem. They will know that he is the only identified suspect. If the police determine that he was involved in these thefts, then I will seek to have every applicable legal charge to be filed against him. I will also invite neighbors who have had problems with him to file their own complaints. Also, in this situation, by giving him access to your property, I will be seeking financial compensation from you. In any case, your nephew must never set foot on my property again.

My address: (redacted)
​

So a couple of questions:

1) Is this letter considered Extortion?
1a) Against one or both parties (the nephew and the aunt)?

2) the accusations regarding the nephew don't appear to have any real legal standing from what I see, otherwise this person would have (or should have) filed a complaint and let law enforcement and/or District Attorney determine what charges to consider. Is this an accurate assumption?

3) Should I contact the accuser directly and inform him that this is extortion or just contact law enforcement?
3a) I am the son of the accused nephew, my great Aunt contacted me because my father is not physically capable to deal with this issue without blowing it up into a bigger problem (ie he would do what he is being accused of to give "valid reason").
3b) I am also stepping up, because my Aunt was strongly considering just writing the guy a check to shut him up - I told her under no circumstances is she to just do this unless the court system tells her to.
4) Do I contact my local law enforcement agency or the agency where this property exists? In this situation I, along with my father and my great Aunt (the property owner the letter was addressed to) reside in a different county than the letter writer does and is speaking of.
My Great Aunt is 92 and my dad is 76, therefore we are dealing with the elderly - not sure if this info helps

 

[quincy]

Colorado resident

Today My Aunt notified me that a land owner next to her sent her a registered letter demanding payment for "stolen" items from his property. ...

... So a couple of questions:

1) Is this letter considered Extortion?
1a) Against one or both parties (the nephew and the aunt)?

2) the accusations regarding the nephew don't appear to have any real legal standing from what I see, otherwise this person would have (or should have) filed a complaint and let law enforcement and/or District Attorney determine what charges to consider. Is this an accurate assumption?

3) Should I contact the accuser directly and inform him that this is extortion or just contact law enforcement?
3a) I am the son of the accused nephew, my great Aunt contacted me because my father is not physically capable to deal with this issue without blowing it up into a bigger problem (ie he would do what he is being accused of to give "valid reason").
3b) I am also stepping up, because my Aunt was strongly considering just writing the guy a check to shut him up - I told her under no circumstances is she to just do this unless the court system tells her to.
4) Do I contact my local law enforcement agency or the agency where this property exists? In this situation I, along with my father and my great Aunt (the property owner the letter was addressed to) reside in a different county than the letter writer does and is speaking of.
My Great Aunt is 92 and my dad is 76, therefore we are dealing with the elderly - not sure if this info helps

The letter would not be considered extortion.

The neighbors have the legal right to contact the police to report any theft or vandalism of their property and they can report trespassing and they can include in any report to the police their suspicions that your dad was involved. These suspicions as reported to the police in a complaint would be covered by a qualified privilege that would protect the statements from any civil action taken against them, including defamation, unless it can be shown that what was communicated to the police by the neighbors was communicated with actual malice (with the knowledge of falsity and an intent to cause harm). This would be difficult to prove.

The letter that was received could perhaps be better looked at as a demand or a settlement letter although, if the neighbors have no proof that your dad stole anything, the letter seems to have been sent prematurely, and it should have been sent only to your dad and not to your great aunt. As it stands, the letter could be looked at as (potentially) defamatory because your dad is being accused of crimes and the accusations might be false and the accusations are being made to a third party.

But, through the sending of the letter it appears, in a very clumsy and ill-thought-out way, that the neighbors were trying to be nice to your aunt and your dad by avoiding the necessity of taking any police or court action. It appears they want to give your dad the opportunity to avoid an investigation that could, should the investigation connect your dad to the crime, result in a criminal record and jail time.

If your great aunt has not spoken to your dad about the accusations, it could be smart for her to do that - to allow your dad the option of paying if guilty or denying the crime if innocent. You and your great aunt will have to assess the wisdom of this, based on what you know of your dad and his likely response (and any other facts that may apply).

Should the neighbors file a theft report with the police and offer their suspicions as to who might have committed the thefts, the police will investigate and the investigation could include an interview with the other neighbors and interviews with your aunt and your dad. Any charges filed against your dad would be based on whatever the investigation shows.

It does not appear, however, that your great aunt could in any way be held liable for the acts of your dad. If she did not steal or trespass or vandalize, she cannot be held responsible for someone else who does.

What your great aunt (and/or dad) ultimately decide to do is up to them. Your aunt can speak with your dad to judge the situation better, she can contact the police (and the police will investigate), she can do nothing and let the chips fall where they may, or she can speak with an attorney to see what the best course of action might be.

I do not recommend that your great aunt pay the neighbor without proof that your dad committed the crimes he has been accused of committing and without speaking with an attorney first.

If your dad IS charged with any crime, your dad will want to hire an attorney.

Good luck.

 

[orphantech]

Thanks Quincy! you've clarified the situation a little better... but why wouldn't this be considered extortion? in my eyes, it appears that this land owner is demanding payment or else he'll go to the police with seemingly no proof other than his other neighbors don't like my dad. Isn't the meaning of extortion "the act of securing money, favours, etc by intimidation"?

Thank you!

 

[quincy]

Thanks Quincy! you've clarified the situation a little better... but why wouldn't this be considered extortion? in my eyes, it appears that this land owner is demanding payment or else he'll go to the police with seemingly no proof other than his other neighbors don't like my dad. Isn't the meaning of extortion "the act of securing money, favours, etc by intimidation"?

Thank you!

The reason that it would not be considered extortion is that the neighbors are not threatening to do anything that they do not have the legal right to do anyway, which is to file a police report.

Extortion is trying to obtain something, or trying to compel some action, through illegal means (e.g., by force).

My gut feeling is that the letter sent by the neighbors was sent with all good intention. The neighbors appear to be trying to protect your dad from a police investigation that could lead to his arrest and charges being filed against him.

What sort of proof the neighbors might have that your dad is connected to the crimes, and what sort of evidence the police might gather during an investigation that connects your dad to the crimes, is a question mark. Certainly if the neighbor's old pickup truck is parked in your great aunt's driveway, that would be evidence that your dad is connected, as would your dad being in possession of the compound bow, water tank and/or woodburning stoves.

You might want to talk to your aunt about the neighbor's belongings? If your dad has had some problems with the law in the past, a consultation with an attorney now might be smart. And I recommend an attorney consultation prior to paying any money to the neighbors.

You are in a difficult situation. Good luck, orphantech.

 

[LdiJ]

The reason that it would not be considered extortion is that the neighbors are not threatening to do anything that they do not have the legal right to do anyway, which is to file a police report.

Extortion is trying to obtain something, or trying to compel some action, through illegal means (e.g., by force).

My gut feeling is that the letter sent by the neighbors was sent with all good intention. The neighbors appear to be trying to protect your dad from a police investigation that could lead to his arrest and charges being filed against him.

What sort of proof the neighbors might have that your dad is connected to the crimes, and what sort of evidence the police might gather during an investigation that connects your dad to the crimes, is a question mark. Certainly if the neighbor's old pickup truck is parked in your great aunt's driveway, that would be evidence that your dad is connected, as would your dad being in possession of the compound bow, water tank and/or woodburning stoves.

You might want to talk to your aunt about the neighbor's belongings? If your dad has had some problems with the law in the past, a consultation with an attorney now might be smart. And I recommend an attorney consultation prior to paying any money to the neighbors.

You are in a difficult situation. Good luck, orphantech.

I am kind of curious as to how a 76 year old could manage a livestock water tank and a couple of wood burning stoves by himself. Those things are seriously heavy. Even if he stole the truck to transport them, I don't see how he could have even gotten them into the truck by himself.

 

[quincy]

I am kind of curious as to how a 76 year old could manage a livestock water tank and a couple of wood burning stoves by himself. Those things are seriously heavy. Even if he stole the truck to transport them, I don't see how he could have even gotten them into the truck by himself.

Good point.

It is definitely possible that the letter's intent is not what I first suspected and it could be, instead, the neighbor's nefarious attempt to get money from an elderly woman.

Again I recommend that the aunt not pay anything to the neighbor without at least a review by an attorney first.