THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Interference With Commerce By Robbery; Extortion By Force, Violence Or Fear (Hobbs Act) (18 USC 1951)

    1.    18 USC 1951(a) Jury Must Find Interference With Commerce In Order To Convict
    2.    18 USC 1951: Interference With Commerce By Extortion – Government Limited To Date Identified In Bill Of Particulars
    3.    18 USC 1951: Conspiracy To Extort – Elements

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

1.    18 USC 1951(a) Jury Must Find Interference With Commerce In Order To Convict

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

    The offense with which the defendants are charged is called interference with commerce by threats or violence, or the Hobbs Act. This statute prohibits efforts to obstruct, delay or affect commerce or the movement of any article or commodity in commerce by extortion. It also prohibits attempts or conspiracies to do so.

    The gist of the offense is the interference with commerce. Accordingly, you must find such interference with commerce in order to return a verdict of guilty against any defendant on any count.

    The defendants may not be convicted if the jury merely finds that a conspiracy to extort or an attempt to extort was engaged in by the defendants. Instead, you must find that such conspiracy or attempt, if it existed, was engaged in for the purpose of obstructing, delaying or affecting commerce or the movement of any article or commodity in commerce.

    Accordingly, if you find that the __________ (item(s)) purchased by __________ (name of defendant) were obtained prior to the formation of any conspiracy or attempt, and if you find that the purchase of __________ (item(s) e.g., cigarettes) by __________ (name of defendant) on __________ (date) was not for the purpose of being used in (his/her) business, and if you further find that the purchases of __________ (item(s)) by __________ (name of defendant) on __________ (date) were after any conspiracy or attempt had been completed, then you must find the defendants not guilty of [both] crimes alleged in the indictment.

See NCJIC 103.10 [Extortion].

See NCJIC Federal Model Instructions by Offense: 18 USC 1951: Interference With Commerce By Robbery; Extortion By Force, Violence Or Fear (Hobbs Act).

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

2.    18 USC 1951: Interference With Commerce By Extortion – Government Limited To Date Identified In Bill Of Particulars

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

United States v. Hawkins, 345 F.2d 111 (6th Cir. 1965); United States v. Rainier, 91 FRAT 159 (W.D. Wis. 1980); United States v. Leonel, 428 F. Supp. 880 (S.D.N.Y. 1977).

See NCJIC 103.10 [Extortion].

See NCJIC Federal Model Instructions by Offense: 18 USC 1951: Interference With Commerce By Robbery; Extortion By Force, Violence Or Fear (Hobbs Act).

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

3.    18 USC 1951: Conspiracy To Extort – Elements

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

    In order to establish the offense of conspiracy, the government must prove these elements beyond a reasonable doubt:

    1.That the alleged conspiracy existed, and

    2.That the defendant under consideration knowingly and intentionally became a member of the conspiracy.

    A conspiracy is a combination of two or more persons to accomplish an unlawful purpose. A conspiracy may be established even if its purpose was not accomplished. In the case which you are considering, the government has alleged that the unlawful purpose of the conspiracy was to obstruct, delay and affect commerce, and the movement of articles in commerce, by extortion.

    In order to prove this unlawful purpose, there are three essential elements which must be proved beyond a reasonable doubt:

    1.That the defendant under consideration induced the person described in the indictment,__________ (name of person), to part with property;

    2.That the defendant under consideration did so knowingly and wilful ly by means of "extortion"; and

    3.That the extortionate transaction delayed, interrupted or adversely affected interstate commerce.

    "Extortion" means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence or fear.

    The term "property" includes not only money and other tangible things of value, but also includes any intangible right considered as a source or element of income or wealth.

    The term "fear" means a state of anxious concern, alarm or apprehension of harm, and it includes fear of economic loss or damage as well as fear of physical violence.

    In determining whether the alleged conspiracy existed, you may consider the actions and statements of all the alleged participants. The agreement may be inferred from all the circumstances and the conduct of all the alleged participants.

    In determining whether a defendant became a member of the conspiracy, you may consider only the acts and statements of that particular defendant.

    To be a member of the conspiracy, the defendant need not join at the beginning or know all the other members or the means by which the purpose was to be accomplished. The government must prove beyond a reasonable doubt, from the defendant's own acts and statements, that he was aware of the common purpose and was a willing participant.

Seventh Circuit Pattern Instruction 5.08 [formerly 5.11] (Conspiracy); Fifth Circuit Pattern Instruction 2.73 [formerly 33] (HOBBS Act).

See also THE SHELLOW COLLECTION: Conspiracy.

See NCJIC Chapter 83: Conspiracy.

See NCJIC 103.10 [Extortion].

See NCJIC Federal Model Instructions by Offense: 18 USC 1951: Interference With Commerce By Robbery; Extortion By Force, Violence Or Fear (Hobbs Act).