Legal Question in Criminal Law in California

Jurisdiction question of Federal Case

A friend of my brothers got arrested and indicted on federal charges of

transmitting threatening communications with the intent to extort. The

investigation was started by the FBI after the complaining party hand received

documents that they claimed was 'threatening' in nature. The rest of the

negotiation communications over the phone and email with him was recorded

and set up by the FBI to try to entrap him. They said what made it Federal

jurisdiction were the wire communications that crossed state lines. However

no actual direct 'threats' were communicated by this guy when he talked to

them over the phone. The only communications that could be argued as a

threat based on perception, would be in the documents handed in person.

So, if the only communications that can even be argued as being threats and

used as evidence of were not sent through means that crossed state lines,

how does that make it a Federal case as opposed to local?


Asked on 8/07/04, 4:24 am

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Jurisdiction question of Federal Case

I doubt that the threats must be specifically and completely communicated over the phone for the Feds to get jurisdiction. If the phone conversations were just a portion of the plan to extort, that's probably enough.

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Answered on 8/07/04, 11:51 am


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