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Making Threats to Obtain the Return of Goods

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  • 10-26-2013, 10:05 AM
    Saintzfan
    Making Threats to Obtain the Return of Goods
    My question involves criminal law for the state of: Oregon

    Is it illegal for someone to make demands for the return of stolen money/goods? For example, if someone scammed the money online for another online (using blackmail and false identities), then the victim comes back and says if they do not return the money and give them a phone number they will go to the police. Is that illegal even though the funds were obtained illegally themselves?

    Also, is it not a threat if they make a threatening statement and say at the end something like "not a threat" or "not a threat, just stating facts?"

    And finally, they claim to have a "private investigator" that has all the scammers information but won't let the scammer know the information. How legal is that?
  • 10-26-2013, 11:29 AM
    adjusterjack
    Re: Few Questions, but Mainly, is It Blackmail to Make Demands for the Return of Good
    Quote:

    Quoting Saintzfan
    View Post

    Is it illegal for someone to make demands for the return of stolen money/goods? For example, if someone scammed the money online for another online (using blackmail and false identities), then the victim comes back and says if they do not return the money and give them a phone number they will go to the police. Is that illegal even though the funds were obtained illegally themselves?

    No.

    Oregon statute 164.035 Defenses to theft.

    (2) In a prosecution for theft by extortion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant reasonably believed the threatened charge to be true and that the sole purpose of the defendant was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.


    But that doesn't prevent prosecution, it just provides a defense.

    It seems stupid to me to not call the police immediately if somebody commits a crime against you. A criminal is likely to take the threat as hot air and ignore it and then where did it get you.

    Quote:

    Quoting Saintzfan
    View Post

    Also, is it not a threat if they make a threatening statement and say at the end something like "not a threat" or "not a threat, just stating facts?"

    That's just plain silly. A threat is a threat. Period.

    Quote:

    Quoting Saintzfan
    View Post

    And finally, they claim to have a "private investigator" that has all the scammers information but won't let the scammer know the information. How legal is that?

    Who is "they"? First you refer to a "victim" (singular) then you refer to "they" (plural). If "they" refers to the "victim" then, no, there's nothing illegal about the claiming or the withholding. Although, again, kind of stupid to make such a claim if it isn't true. Criminals easily recognize hot air.
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