Blackmail question

[boatthirteen]

What is the name of your state (only U.S. law)?
CA

Hi, im unsure if this is the right area, but my question is regarding blackmail. Scenario:

Party 1 was involved in a crime. Party 2 has knowledge of said crime. Party 2 makes threats (recorded) to Party 1, that if they dont do what Party 2 wants, Party 2 will divulge the information to family/friends and possibly the authorities. Party 2 has used these threats for 3-4 years consistantly, and Party 1 has had to pay for rent/cars/living expenses/etc, and Party 2 also controls aspects of Party 1's life (think possessive ex boyfriend). Party 2 has also called in several false suicide attempt reports on Party 1 as a threat.
Recently, Party 1 set Part 2 up with an interview for a well paid job that would be more than enough to support themselves with, therefor hopefully stopping the blackmail and finally being able to move on with their life. However, Party 2 has just made the threat that if the interview doesnt work out (through no fault but their own - being unsuitable, etcetc), that they will go to the authorities with the information.

My question is, if Party 2 does come forth with the information, is there any legal action Party 1 can take against them regarding blackmail? Not to like..counter the allegations, just as a seperate thing.

[Antigone*of*Greece]

Originally Posted by boatthirteen

What is the name of your state (only U.S. law)?
CA

Hi, im unsure if this is the right area, but my question is regarding blackmail. Scenario:

Party 1 was involved in a crime. Party 2 has knowledge of said crime. Party 2 makes threats (recorded) to Party 1, that if they dont do what Party 2 wants, Party 2 will divulge the information to family/friends and possibly the authorities. Party 2 has used these threats for 3-4 years consistantly, and Party 1 has had to pay for rent/cars/living expenses/etc, and Party 2 also controls aspects of Party 1's life (think possessive ex boyfriend). Party 2 has also called in several false suicide attempt reports on Party 1 as a threat.
Recently, Party 1 set Part 2 up with an interview for a well paid job that would be more than enough to support themselves with, therefor hopefully stopping the blackmail and finally being able to move on with their life. However, Party 2 has just made the threat that if the interview doesnt work out (through no fault but their own - being unsuitable, etcetc), that they will go to the authorities with the information.

My question is, if Party 2 does come forth with the information, is there any legal action Party 1 can take against them regarding blackmail? Not to like..counter the allegations, just as a seperate thing.

Party 2 should tell the world him/herself. They should also go to the authorities regarding the actions of party one.

Party 2 will feel much better and free once party 1 has no more ammunition.

[dave33]

You will have to be more specific as to the aspects of the crime. It is possible the s.o.l. has run out and you have nothing to worry about. Also include any other threats that have been made.

[CdwJava]

Reporting blackmail after the threat has been carried out will ring hollow and will be hard to prove. Reporting the threats now could give the police the opportunity to make pretext calls or surreptitious recordings to catch the extortionist in the act.

In other words, Party 1 can go on doing Party 2's bidding, or, Party 1 can go to the police, report her involvement in said crime as well as the extortion, and hope for the best.

What is the nature of this crime, and what was Party 1's involvement? And, how old is the crime?

- Carl

[boatthirteen]

The crime would be about 4+ years old. The crime was essentially a prank/orchestrated event on Party 1 that went awry, and resulted in someones death, but their involvement in the crime wasnt disclosed by the person who orchestrated it. Party 1 will accept responsibility and wont hide their involvement should it come out, however after that much time and there is uncertainty as to whether the 'orchestrator' could be called on to give a statement (foreigner), so there is doubts as to whether the truth would be believed on their word alone, seeings how long its been.

Im sorry but im not sure what s.o.l. is .

[CdwJava]

That's too vague to be of any use as far as determining the nature of any SOL (statute of limitations). Since the action resulted in death, I think it is safe to assume that the SOL has not yet tolled. This means that she can probably still be charged with a crime.

Your friend might be best served to speak with an attorney before doing anything.

- Carl

[fabulous07]

well, since this forum is anonymous... tell us what happened and how Party 1 was involved, because I am very familiar with criminal law and may be able to help Party 1 take the best course of action.

[boatthirteen]

Well, the orchestrator paid someone to 'get with' (too complicated to get into) Party 1, which came off in her mind as a kidnap / rape scenario. Party 1 was unnaware that it was planned, and her actions to incapasitate him/escape resulted in his death (unintentional), and being young was too scared to tell anyone. Subject 1 does accept responsibility for what happened, but feels she shouldnt have been in the event in the first place, and if it did come to light she wouldnt deny what happened. The main fear for coming forth with it is that there is no certainty that the Orchestrator could/would make a statement.

My main question though is if Party 2 did follow through, there would be nothing that could be done against him regarding the 2-3 years of blackmail?

[fabulous07]

Well, the statue of limitations for most things is 7 years. There is no statue of limitations on "murder" or this could be considered criminally negligent homicide since there was probably no intent. I need more information. What was the prank and under what circumstances, did the person die. What was the cause of death?

I need more information...

[fabulous07]

Girl, I hope I got this right... wow. I am guessing you are Party 1. YOU did nothing wrong, but try to defend yourself. It was self defense and you are being blackmailed for it?

Why would your ex-boyfriend want this guy to "get with you?" To see if you would cheat or to scare you? How did you kill him?

Maybe I am assuming too much, let me know if I am wrong. I am just trying to understand the full scenario. The party 1 is starting to confuse me. You should just lay it out in black and white.

I think you have been blackmailed for nothing and that you are not criminally responsible because it was self defense.

[fabulous07]

Now is Party 2 (the one black mailing you) the same person who set up the prank on you? I think that even law enforcement, if you went to them, would make him criminally responsible for that person's death since he set up the prank that resulted in someone's death.

Now, was it ruled a homicide when the body was found that hasn't been solved?

[fabulous07]

The orchestrator is solely legally responsible for the death since they masterminded the conditions that resulted in the death. Party 1 is a victim too since she had no knowledge that it was a joke and responded to it as a threat to her safety. It is just self defense.

You need to call authorities. The orchestrator is responsible for the death. Party 2 is guilty of extortion and Party 1 acted in self defense. I feel so bad for Party 1, because it wasn't their fault.

[fabulous07]

Talk to me. I want to know the details! There is a lot of mitigating circumstances for Party 1 and Party 1 has a very strong self defense case it sounds. Party 1 should have never tried to hide anything and should've came forth when it happened, but ultimately, the person responsible is the person who set up the prank. And yes, there is recourse for Party 2 and since you recorded the extortion, there is no doubt, you can prove it and also may even be able to get restitution (payment for the money extorted.) They also will have criminal charges and will likely be convicted.

Also, the family of the person who died, deserves to know what happened to him. This is a dark dark secret you have kept and if you want to feel better about it, come clean. Not just for yourself, but for the family of the person who died. Party 1 did nothing wrong, but try to protect herself from a perceived threat (real or not). At the time, it was real to you... you didn't mean for this to happen. You have a right to defend yourself.

[boatthirteen]

The 'prank' was set up by someone else. Party 2 was the boyfriend of Party 1 at the time it happened. Im unsure how it was resolved, the 'orchestrator' was a friend of Party 1, and left the country after it was resolved so that Party 1 wouldnt be implicated. Im sorry but i dont know exactly how the death was resolved.

[boatthirteen]

Party 1 isnt actually me =p just someone i care deeply about, cant stand to see being treated like this, but ultimately dont want her to be taken away from me. Its likely the orchestrator wont submit a statement that would plant blame on themselves, if they were reach-able in the first place, and its doubtful to me that Party 1 would involve him if she didnt have to. I also doubt that, even after everything, Party 1 would implicate Party 2 for what hes done.. although its the truth, shes not a malicious or spiteful person..even after everything thats happened.