United States v. Sekhar
2012 WL 2382652
2d Cir.2012Background
- Sekhar convicted of attempted extortion under Hobbs Act and interstate transmission of extortionate threats for threatening to disclose an office affair unless the General Counsel recanted a recommendation.
- General Counsel advised against FA Tech III investment; Comptroller decided not to approve investment on November 13.
- Anonymous emails and later communications pressured the General Counsel to alter his recommendation; FBI traced emails to Sekhar.
- Indictment charged one count of attempted extortion and six counts of extortionate threats; district court held intangible right to make recommendations is property.
- Sekhar represented himself on appeal; district court denied defense motions and upheld convictions.
- On appeal, issue was whether the General Counsel’s recommendation constitutes property and whether evidence showed intent to exercise that right for Sekhar’s benefit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Hobbs Act extortion require obtaining property? | Sekhar argues recommendation not property. | Government contends right to recommendation is property. | Yes; property right exists for purposes of extortion. |
| Is a General Counsel recommendation a property right supporting extortion | Sekhar asserts no property right in recommendation. | Government asserts intangible rights can be property. | Yes; evaluated as property right enabling extortion. |
Key Cases Cited
- United States v. Tropiano, 418 F.2d 1069 (2d Cir. 1969) (extortionary rights include intangible property interests)
- United States v. Gotti, 459 F.3d 296 (2d Cir. 2006) (extortionists need not profit directly; exercising rights can suffice)
- Scheidler v. Nat’l Org. for Women, Inc., 537 U.S. 393 (2003) (requires obtaining property; not all coercive conduct qualifies)
- United States v. Cain, 671 F.3d 271 (2d Cir. 2012) (sufficiency of evidence and indictment challenges in Hobbs Act context)
- United States v. Arena, 180 F.3d 380 (2d Cir. 1999) (property right to conduct business free from threats)
- Town of West Hartford v. Operation Rescue, 915 F.2d 92 (2d Cir. 1990) (governmental response alone not necessarily Hobbs Act property)