Federal Hobbs Act Robbery & Extortion – 18 U.S.C. § 1951

Overview of the Hobbs Act – 18 U.S.C. § 1951

What Is the Hobbs Act?

The Hobbs Act, codified under 18 U.S.C. § 1951, is a federal law that criminalizes robbery and extortion when they interfere with interstate or foreign commerce. This statute applies when individuals or groups unlawfully take property, money, or other assets through force, threats, or coercion. Because it directly involves commerce, violations are prosecuted at the federal level.

Purpose and Legislative History

The Hobbs Act was enacted in 1946 to combat racketeering, organized crime, and corruption that threatened businesses operating across state lines. It intended to give federal prosecutors greater power to pursue criminal activity that local jurisdictions might not have the resources to address effectively.

Why Hobbs Act Violations Are Charged Federally

Unlike state robbery or extortion charges, Hobbs Act extortion and robbery cases fall under federal jurisdiction when the alleged crime impacts interstate commerce. Even minimal effects on commerce are sufficient for federal prosecutors to bring charges.

Legal Definitions Under the Hobbs Act

What Constitutes “Robbery” Under 18 U.S.C. § 1951?

Robbery is defined as the unlawful taking of property from another person against their will through actual or threatened force, violence, or fear of injury.

What Constitutes “Extortion” Under the Hobbs Act?

Extortion refers to obtaining property from another with their consent, induced by wrongful use of force, fear, or under the “color of official right”—meaning misuse of public office for personal gain.

Role of Interstate Commerce in Hobbs Act Prosecutions

To secure a conviction, the government must prove that the robbery or extortion affected interstate or foreign commerce. This could involve targeting businesses engaged in trade, suppliers, or financial institutions that operate across state borders.

Common Examples of Hobbs Act Violations

Armed Robbery Affecting Interstate Businesses

A group robbing a trucking company that ships goods across state lines could face federal charges under 18 U.S.C. § 1951.

Use of Threats or Force to Obtain Property

Threatening a business owner with violence unless they pay money is classic Hobbs Act extortion and robbery conduct.

Public Corruption and “Color of Official Right” Cases

A public official demanding payments or favors in exchange for official acts can also be prosecuted under the Hobbs Act.

Organized Crime and Gang-Related Extortion Schemes

Street gangs or organized crime groups that extort local businesses, even with small sums, may be prosecuted federally if interstate commerce is affected.

Elements the Government Must Prove

Interference With Commerce by Robbery or Extortion

The prosecution must demonstrate that the act had at least a minimal impact on interstate commerce.

Use or Threat of Physical Force or Fear

For robbery, proof of actual or threatened violence is required. For extortion, the government must show wrongful use of threats or coercion.

Intent to Deprive Another of Property

A conviction requires proof that the defendant knowingly and intentionally sought to deprive another of property or money.

Penalties for Hobbs Act Convictions

Prison Sentences and Federal Guidelines

A conviction under 18 U.S.C. § 1951 carries a potential prison term of up to 20 years per count.

Enhancements for Firearm Use or Bodily Injury

If firearms were used or victims suffered serious injuries, federal sentencing guidelines may impose harsher penalties that may be mandatory consecutive sentence in addition to the sentence for robbery.

Fines, Restitution, and Long-Term Consequences

Defendants may face steep fines, restitution orders to victims, and long-term consequences such as loss of employment opportunities and reputational harm.

Legal Defenses to Hobbs Act Charges

No Impact on Interstate Commerce

A defense strategy may argue that the alleged crime had no real effect on interstate or foreign commerce, weakening the federal government’s jurisdiction.

False Accusation or Mistaken Identity

Defendants can challenge the accuracy of witness statements or argue mistaken identity in cases built on weak or circumstantial evidence.

Lack of Intent or Coerced Confession

If prosecutors cannot prove criminal intent beyond a reasonable doubt, charges may be reduced or dismissed.

Constitutional Violations

If investigators violated constitutional rights, such as conducting unlawful searches or failing to follow due process, evidence may be suppressed.

Why You Need a Federal Criminal Defense Attorney

Complexity of Federal Investigations and Charges

Federal cases under 18 U.S.C. § 1951 are complex, involving multiple agencies and detailed investigations.

Strategies for Pretrial Motions and Case Dismissal

A skilled attorney can challenge the evidence before trial, file suppression motions, and seek dismissal where appropriate.

Protecting Your Rights During Plea or Trial

An experienced defense attorney ensures defendants fully understand plea options and trial strategies.

How DCD LAW Handles Hobbs Act Defense

Investigating Law Enforcement Procedures and Surveillance

At DCD LAW, we thoroughly review how evidence was obtained, challenging unlawful searches and investigative errors.

Challenging the “Commerce” Element

We carefully examine whether the prosecution can prove a legitimate connection to interstate commerce.

Building a Defense Around Lack of Threat or Intent

Our attorneys explore whether the government can prove beyond a reasonable doubt that threats, force, or intent were present.