Legal Question in Criminal Law in California

Re: ciivil or criminal?

extortion. Tell the police.

Re: ciivil or criminal?

extortion...

Re: ciivil or criminal?

From a criminal standpoint it's called extortion and making a false police report. From a civil standpoint, taking the funds would be called conversion. Making the false police report would not be actionable under California law.

Further response

I want to add to what I said a few moments ago. In a civil suit, the false promise that there would be no police report could be considered fraud.

The victim would also have a cause of action for "replevin", which, unlike most causes of action, is equitable doctrine and not a tort. A successful replevin claim will result in the court ordering the defendant to return the plaintiff's property. Replevin cases are usually about property, but they can be about money under some circumstances.

The replevin and conversion actions would both lead to the same remedy if they succeed -- the return of the plaintiff's money. The plaintiff can press both causes of action through trial but, if he wins on both, he would only be able to enforce one of them. He would get to choose which one to enforce.