Am I Being Blackmailed?

[LancePalo]

I'm in CALIFORNIA.

I was involved with an internet media service (specifically an internet radio show) with another party. I quit participation in the show and to be honest, the split was nasty.

I recently added that I used to work on this show to an online profile to help promote my new venture, as is my right.

However, my former partner sent me an email saying that if I draw any connections between myself and his show, he will go on the 'air' and reveal embarrassing secrets about my wife and homelife. He has not demanded money. Essentially, he's saying that because I quit, I can't put this experience on a resume, or he will humiliate me in public. Childish, yes. But it puts me in a bind.

Since i don't have a lot of money, I probably can't afford to sue him in civil court (and I'm not even sure how much it would be worth). But is this a criminal matter? Should I tell him to basically forget I exist, or I'm calling the cops? Should I call the D.A.? The police? A lawyer?

Thanks for your help!What is the name of your state?

 

[seniorjudge]

I'm in CALIFORNIA.

I was involved with an internet media service (specifically an internet radio show) with another party. I quit participation in the show and to be honest, the split was nasty.

I recently added that I used to work on this show to an online profile to help promote my new venture, as is my right.

However, my former partner sent me an email saying that if I draw any connections between myself and his show, he will go on the 'air' and reveal embarrassing secrets about my wife and homelife. He has not demanded money. Essentially, he's saying that because I quit, I can't put this experience on a resume, or he will humiliate me in public. Childish, yes. But it puts me in a bind.

Since i don't have a lot of money, I probably can't afford to sue him in civil court (and I'm not even sure how much it would be worth). But is this a criminal matter? Should I tell him to basically forget I exist, or I'm calling the cops? Should I call the D.A.? The police? A lawyer?

Thanks for your help!What is the name of your state?

If you call the cops, then the story becomes public.

 

[xylene]

It is not blackmail.

It is just childish.

He is not demanding anything.

Revealing true facts is not libel, slander or blackmail

And plus how many people are really going learn these secrets? 4?

 

[seniorjudge]

It is not blackmail.

It is just childish.

He is not demanding anything.

Revealing true facts is not libel, slander or blackmail

And plus how many people are really going learn these secrets? 4?

I suspect revealing these secrets will cause giant yawns.

 

[LancePalo]

It is not blackmail.

He is not demanding anything.

Actually, what he's demanding essentially is that I no longer put an item on my resume. If I quit a company, can they say "put us on your resume, and we'll reveal your medical records?" I don't think they can... but I don' t know.

Revealing true facts is not libel, slander or blackmail

So, threatening to reveal embarrasing true facts in exchange for an action (in this case, the removal of a legitimate item on my resume) does not consitute blackmail? I thought that's exactly what blackmail was. Please educate me. I want to learn.

And plus how many people are really going learn these secrets? 4?

Actually, a few thousand. Many of which work in the same community I'm trying to be involved with.

Basically, I don't WANT to go to the cops (who does?). What I want to know is if this is actionable enough that I can tell him that I WILL go to the cops unless he basically ignores me from now on. The email he sent is very clear "if you do this, I will go public with this information." If it's true that a prosecutor could make a case from this, I believe he will back down and just knock it off.

 

[tranquility]

Isn't public disclosure of private facts a tort even if the facts are true?

This is assuming the OP's private facts are so outrageous to cause everyone in the community to wince (OP is not hyper-sensitive) and that a case could not be made the OP is a public figure. Then, we have the problem of damages. But, there could be a tort somewhere in this big pile of ...

Info edit:
I'm not absolutely positive, but doesn't Blackmail (Actually, extortion.) require a demand for property of some sort? (Um, attempted. Property would be required to pass for the crime.) I guess you could claim putting your history on a form is a property right of some sort, but no prosecutor in his right mind would take it to a judge.

 

[CdwJava]

To be extortion the demand would have to be for property or for an official act from a public official.

518. Extortion is the obtaining of property from another, with his
consent, or the obtaining of an official act of a public officer,
induced by a wrongful use of force or fear, or under color of
official right.


519. Fear, such as will constitute extortion, may be induced by a
threat, either:
1. To do an unlawful injury to the person or property of the
individual threatened or of a third person; or,
2. To accuse the individual threatened, or any relative of his, or
member of his family, of any crime; or,
3. To expose, or to impute to him or them any deformity, disgrace
or crime; or,
4. To expose any secret affecting him or them.

This circumstance does not seem to be one of those situations. Whether it gives rise to a tort claim, I don't know. But it does not appear to be criminal.

- Carl

 

[xylene]

If it's true that a prosecutor could make a case from this, I believe he will back down and just knock it off.

It is VERY unlikely a prosecutor could or would make a case of this.

You do not seem to have a criminal case.

It is a possible cause of civil action to pursue a case for public disclosure of private facts.

It would seem you have this cause of action only after the disclosure.

So lets re frame the scenario and re-ask the question:
Hey, do something I want, or else I will publically broadcast something that, depending on exactly what I say, could be: completely legal OR something you could sue me over...

Is this blackmail?
You should inform this person in writing that:

You did indeed work on this particular radio show, and you see no reason not to include this on a work history.

&

That should any damaging statements be made, that you will pursue a civil claim for damages that are caused by a public disclosure of private facts.


Now, understand that: You may not have any PROVEABLE damages by this persons statments, (even if you are very embarassed)

and

The staments, while embarassing, may not be a public disclosure of private facts.

and

Your position as a new media pioneer may put you in the position of a public figure.

Lastly, if this is on your resume, their is nothing stopping a prospective employer from enquiring of this person and hearing the whole story...