What should Harry do? As dirty as it seems--and as much as my initial gut said "blackmail/extortion"--I don't know that it rises to that level given the exacting nature of her offer. Also-even if it were, Harry couldn't easily expect to go to the police [or anyone] with an accusation-since everything would inevitably come out and be discovered/disclosed. Should he pay? What should he get from her to make sure she doesn't come back for more?
Originally Posted by txirishman
I may be uniquely qualified to answer your question because (1) I'm a criminal defense attorney, (2) I have represented clients in Harry's position, and (3) I have been the target of an attempt at extortion.
First, in my opinion, the girl's conduct constitutes what's commonly known as extortion or "blackmail," despite her attempt to cloak her crime in the sheepskin of a sale of a "technology package." Whether conduct constitutes a crime is for the fact-finder (that is, the judge or jury) to decide, not the defendant. I can say my ass is a Christmas tree, but I'd be an idiot to think the jury or judge wouldn't see my shiny white butt and not a festive tree.
In Texas, there is no provision of the Penal Code specifically making extortion a crime; rather, the conduct is prosecuted as theft. In Texas, a person may commit the offense of theft by unlawfully appropriating another's property with the intent to deprive the owner of the property without the owner's effective consent:
Texas Penal Code § 31.03.
For you legal eagles, a case to read is
Roberts v. State, 278 S.W.3d 778 (Tex. App.--San Antonio 2008, no pet.) (defendant's theft conviction affirmed where he had sought pre-suit discovery from men who had had an affair with his wife).
The degree of the offense depends on the value of the property misappropriated. For example, if the girl took $10,000 from Harry, it would be a state jail felony punishable by up to two years in a state jail facility and a $10,000 fine, or both.
I think Harry has four options: (1) ignore the girl's attempted theft; (2) pay the full amount of the demand ($10,000); (3) negotiate and pay a smaller amount; or (4) seek outside assistance.
I cannot render advice specifically applicable to Harry's circumstances without knowing all the facts. However, I can say, based on my experience with such cases and my knowledge of the law, that the fourth option is probably the wisest choice. But before I explain why, I want to review the other options.
When I was the target of an attempt at extortion (by a former provider who'd become my sugar baby), I ignored the threat because of my unique circumstances (that is, my wife is aware of my extracurricular activities and accepts my behavior, and I own my own business). Eventually, the girl gave up on her attempt. But I realize most men don't have the luxury of ignoring such a threat when it could destroy a marriage or result in the loss of employment.
Paying the full amount demanded, or a reduced amount after negotiation, would probably eliminate the threat. I guess receiving the phone storing the incriminating material would help to ensure that the threat would not be renewed. Entering into a written settlement, enforceable as a contract, could also deter the girl from reviving the threat. (By the way, in case you're thinking of the principle that a contract with illegal conduct as its subject matter is unenforceable as contrary to public policy --
ex dolo malo non oritur actio (no court will lend its aid to a man who founds his cause of action upon an immoral or illegal act) -- I think the defense of unenforceability would not be available to the girl, who is the wrongdoer here.) But, of course, there is no guarantee that the girl won't ask for more money later, or carry out her threat despite being paid. And personally I find it repugnant to give some blackmailing scumbag money.
That leaves us with the last option: Getting help. It is not unusual for me to be approached by someone within Hobby World who's the target of a blackmail attempt -- after all, we are engaging in behavior that is both illegal and, to the majority of citizens, immoral. Also, about two years ago, there was a group of women that were involved in a scheme to blackmail men they met on sugar daddy-sugar baby hook-up web sites, and three male ASPD members sought out my assistance.
My approach has always been to deal with the blackmailer directly, politely, unemotionally, but firmly. It normally takes only one phone call to educate the person on the law and the consequences should the person continue to pursue committing theft. The blackmailers always want to vent their anger at my client, and I listen politely. Once they run out of gas, the discussion returns to the reality of a continued course: An investigation by the police and possibly criminal prosecution and jail time. I do not bluff. I do not meet threat with threat. I am very specific in exactly what I would do should the person continue to demand money. By the end of the conversation, the anger has been replaced by a fear of punishment imposed by a law bereft of emotion, and the blackmail game is over.
Finally, there's the issue of the involvement of LE. While I have never had to go to the police to assist a client with a blackmail threat, I often connect client and cop regarding other embarrassing behavior. In my experience, the police are not interested in relaying sensitive information to a complaining witness's spouse. LE is apt to use the information only to pursue the suspect. Cops are in the business of thumping criminals, not causing divorces.
