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A person is guilty of theft by extortion if he purposely obtains property of another by threatening to: (1) inflict bodily injury on anyone or commit any other criminal offense; or (2) accuse anyone of a criminal offense; or (3) expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; or (4) take or withhold action as an official, or cause an official to take or withhold action; or (5) bring about a continue a strike, boycott or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; r (6) testify or provide information or withhold testimony or information with respect t another’s legal claim of defense; or (7) inflict any other harm which would not benefit the actor. Model Penal Code, Section 223.4 . See also Blackmail; Hobbs Act; Loan sharking; Shakedown. With respect to “Larceny by extortion”, See Larceny. Injury: “Any wrong or damage done to another, either in his person, rights, reputation, or property. The invasion of any legally protected interest of another. Restatement, Second, Torts, Section 7. Absolute injury. Injuries to those rights which a person possesses as being a member of society. A crime is ‘made known’ to an officer when facts which come to knowledge of the officer are such as to indicate to him that it is his official duty to act or to see that an investigation of the alleged crime is instituted within his jurisdiction.” – PAGE 856 BLACK’S LAW DICTIONARY FIFTH EDITION - SEE ALSO… … “NOTICE.” Probable consequence: “One that is more likely to follow its supposed cause than it is not to follow it.” Due process clause: “Two such clauses are found in the U.”S. Constitution, one in the 5th Amendment pertaining to the federal government, the other in the 14th Amendment which protects persons from state actions. There are two aspects: procedural, in which a person is guaranteed fair procedures and substantive which protects a person’s property from unfair governmental interference or taking. Similar clauses are in most state constitutions. See Due process law.” Due process law: “Law in its regular course of administration through courts of justice. Due process of law in each particular case means such an exercise of the powers of the government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights in those maxims prescribe for the class of cases to which the one in question belongs. A course of legal proceedings according to those rules and principles which have been established in our systems of jurisprudence for the enforcement and protection of private rights. … Due process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. … An orderly proceeding wherein a person is served with notice, actual or constructive, and has an opportunity to be heard and to enforce and protect his rights before a court having power to hear and determine the case. Kazubowski v. Kazubowski,, 45 Ill.2d 405, 259 N.E.2d 282, 290 Phrase means that no person shall be deprived of life, liberty, property or of any right granted him by statute, unless matter involved first shall have been adjudicated against him upon trial conducted according to established rules regulating judicial proceedings, and it forbids condemnation without a hearing … Fundamental requisite of due process is the opportunity to be heard, to be aware that a matter is pending, to make an informed choice whether to acquiesce or contest, and to assert before the appropriate decision-making body the reasons for such choice. Trinity Episcopal Corp. v. Romney, D.C.N.Y., 387 F.Supp. 1044, 1084. Aside from all else, “due process” means fundamental fairness. Pinkerton v. Farr, W.Va., 220 S.E.2d 682, 687. The essential elements of due process of law are notice and opportunity to be heard and to defend in orderly proceeding adapted to nature of case, and the guarantee of due process requires that every man have protection of day in court and benefit of general law. Di Maio v. Reid, 132 N.J.L. 17, 37 A.2d 829,830. Daniel Webster defined this phrase to mean a law which hears before it condemns, which proceeds on inquiry and renders judgment only after trial. Wichita Council No. 120 of Security Ben. Ass’n v. Security Ben. Assn., 138 Kan. 841, 28 P.2d 976, 980; J. B. Barnes Drilling Co. v. Phillips, 166 Okl. 154, 26 P.2d 766. This constitutional guaranty demands only that law shall not be unreasonable, arbitrary, or capricious, and that means selected shall have real and substantial relation to object. …” Due process rights: “All rights which are of such fundamental importance as to require compliance with due process standards of fairness and justice.” Due proof: “Sufficient evidence to support or produce a conclusion; adequate evidence.” Conspiracy: “A combination or confederacy between two or more persons formed for the purpose of committing, by their joint efforts, some unlawful or criminal act, or some act which is lawful in itself, but becomes unlawful when done by the concerted action of the conspirators, or for the purpose of using criminal or unlawful means to the commission of an act not in itself unlawful. A conspiracy may be a continuing one; actors may drop out, and others drop in; the details of operation may change from time to time; the members need not know each other or the part played by others; a member need not know all the details of the plan or the operations; he must, however know the purpose of the conspiracy and agree to become a party to a plan to effectuate that purpose. Craig v. U.S., C.C. A.Cal., 81 F.2d 816, 822 - See also Combination in restraint of trade; Confederacy; Wharton Rule. Civil conspiracy: The essence of a civil conspiracy is a concert or combination to defraud or cause other injury to person or property which results in damage to the person or property of plaintiff. ---- Fraudulent concealment: “The hiding or suppression of a material fact or circumstance which the party is legally or morally bound to disclose. The employment of artifice planned to prevent inquiry or escape investigation and to mislead or hinder the acquisition of information disclosing a right of action; acts relied on must be of an affirmative character and fraudulent. Fundunburks v. Michigan Mut. Liability Co., 63 Mich.App. 405, 234 N.W.2d 545, 547. The test of whether failure to disclose material facts constitutes fraud is the existence of a duty, legal or equitable, arising from the relation of the parties; failure to disclose a material fact with intent to mislead or defraud under such circumstances being equivalent to an actual “fraudulent concealment.” …; the concealment of a fact which one is bound to disclose being the equivalent of an indirect representation that such fact does not exist. See Material fact. ======== ohhh ohhhhh kkk doo www-hat ss shhh ewwww ill ... wi d mm eeeeeee .... ahhhh mmm aaawwww ill ... eeeee ewwww ahhhhhh ups ... ur ss
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