How to Report Extortion

Extortion involves someone threatening to cause harm to you or someone you care about unless you do something against your will or pay them money. [1] The threats also can involve the exposure of harmful or damaging information about you that would ruin your reputation at work or in the community. Typically, if the information involves something that's merely embarrassing or shameful, the crime is considered blackmail rather than extortion, although some states use the words interchangeably. [2] Extortion is a crime under federal law and in all states. If you are a victim of extortion, where and how you report the crime may differ depending on the nature and severity of the threat. [3]

Method 1
Method 1 of 3:

Reporting Locally

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    Police will want copies of anything you may have, such as letters or voice mail messages, that could provide evidence of the crime.
    • You can check your state's law to learn the elements of extortion. These elements are what a prosecuting attorney must prove to have someone convicted of extortion. If you don't have evidence of enough of those elements to constitute probable cause that the person committed the crime, police may not investigate your report. [4]
    • Generally, you should have evidence that the person maliciously threatened you. This could be a spoken threat or a written threat, although written evidence tends to be stronger – unless you have a recording such as a voice mail message of the threats being made against you. [5]
    • If you don't have recordings or written evidence of the threats, you may have a hard time getting police officers to investigate the situation. Police must have probable cause to search or arrest someone, and your word – without tangible evidence to back it up – is typically not enough to have a warrant issued.
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    Since extortion typically involves threats of future violence rather than immediate violence, you should file your report in person at the police station rather than calling 911. [6]
    • If interstate commerce is involved in any way in the extortion – for example, if the person lives in a different state than you do – consider reporting the crime to the FBI rather than to local law enforcement. [7]
    • You can use the FBI's online locator to find your nearest field office at https://www.fbi.gov/contact-us/field-offices/field-offices .
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    An officer will sit down with you to talk about the crime and compile a report based on the information you provide.
    • Provide as many details as you have so the police have enough information to investigate the crime. Keep in mind that police must have enough evidence to constitute probable cause before charges can be filed against the person. [8]
    • Typically you must provide basic personal and contact information about yourself, as well as any similar information you may know about the person you're reporting. You also should relate all information you have related to the crime and provide copies of any potential evidence you've gathered. [9]
    • When the officer has finished taking your report, ask for a copy of the written report for your records. Usually, you'll need to provide the department's report or reference number if you want to provide any additional information or update the report later.
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    Some jurisdictions offer emergency restraining orders to protect you if you feel you are in imminent danger.
    • Emergency restraining orders typically are issued at the police department and provide you with temporary protection until you are able to file for a permanent restraining order at the courthouse. [10]
    • If the person extorting you has threatened immediate harm to you or someone you love, or if you're afraid the person will harm you or someone you love if he or she discovers you've filed a police report, ask the officer with whom you filed your report if an emergency restraining order is available. [11]
    • An emergency restraining order will keep the person from contacting you or coming near you or places you frequent such as your school or workplace. The order usually is only in effect for a day or two at most. [12]
    • Emergency restraining orders may last longer if courts are not in session – for example, if you've reported the extortion on a Friday evening, or just before a holiday. [13]
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    Officers may contact you for further information as the department investigates the situation.
    • Keep in mind that even if the person is arrested, he or she may never be charged with a criminal offense. Prosecutors have broad discretion when it comes to filing charges, and typically only do so if they believe they can get a conviction. [14]
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Method 2
Method 2 of 3:

Reporting Online

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    Pull together as much information as you can about the perpetrator and the crime before you begin the complaint process online.
    • Supplying as many details as possible allows investigators to best process your complaint and get the correct agencies involved to apprehend the suspect and keep you out of harm's way. [15]
    • If you have any documents or other information, you typically can attach them to your complaint as digital files. You should convert anything you have to digital format before you begin your complaint. [16] For example, if the person left threatening messages on your voicemail, you may be able to convert those messages to MP3 files.
    • The FBI prefers direct copies of emails, including header information. However, if the threatening messages you received were transmitted through other services, including social media accounts, you can create screen captures of those messages to attach to your complaint. [17]
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    The IC3 is run by the FBI and collects, analyzes, and disseminates information on internet crime to state and federal law enforcement agencies. [18]
    • The IC3 program works specifically with crimes that were committed over the internet, so you can use the service if the person extorting you has sent you an email, contacted you over social media, or otherwise used the internet to deliver threats. [19]
    • Once you file your complaint, IC3 staff evaluate the information to determine whether the incident falls under federal or state jurisdiction, then forward your complaint to the appropriate law enforcement agency. [20]
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    Before you can begin filling out the complaint form, you must read and agree to the terms and conditions.
    • Keep in mind that when you're entering information to build your complaint, you're doing so under penalty of perjury. False or incorrect information could lead to fines or imprisonment. [21]
    • Your information may be shared with state, federal, or even international law enforcement agencies; however, whether to follow up on your complaint or initiate an investigation is entirely within the discretion of those agencies. [22]
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    The complaint form requires your own name and contact information, as well as all the information you have regarding the crime you want to report. [23]
    • In particular, make sure you include as much information as possible about the person threatening you. It may be that you aren't the only one this person is attempting to extort, or that they have committed extortion in the past. Identifying information about the person can help law enforcement track them down and potentially link them to other crimes.
    • Make sure to include your own name, address, phone number, and email address so law enforcement agencies or prosecutors can contact you if they require additional information through the course of an investigation. [24]
    • Include as many specific details as possible, including dates and times threats were made, the context of those threats, and the exact words that were used. You also might include information regarding the credibility of the threat, or why you believe the person intends to harm you or someone you care about unless you meet his or her demands.
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    Once you're satisfied that your report is complete, you're ready to submit it to IC3 for evaluation.
    • Make a copy of your complaint for your own records. You'll receive a confirmation email with a username and password to use if you want to check the status of your complaint or add additional information. [25]
    • You can use your username and password to access your complaint and add information at any time. However, once you've submitted your complaint, it can't be deleted or cancelled. [26]
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Method 3
Method 3 of 3:

Restraining Orders

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    In most states, different state courts handle different types of restraining orders, depending on your relationship to the person you want restrained.
    • For example, if you wanted a domestic violence restraining order, you might have to go to a family court. However, if the person threatening you is not related to you (or you've never had any romantic involvement with him or her), you probably need to go to a different court.
    • Civil restraining orders can protect you against someone with whom you have no pre-existing romantic or familial relationship.
    • Keep in mind that criminal restraining orders aren't issued because you file a petition or request. Rather, a judge issues the order during the course of a criminal proceeding. Once a criminal restraining order expires, it cannot be renewed. In contrast, you can renew a civil restraining order if you still feel the person is a threat.
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    The clerk of court should have a packet of forms that you must fill out completely to get a restraining order against the person.
    • The specific paperwork you'll need to request a restraining order varies among states and even among individual courts.
    • You also may be able to find paperwork at a local women's shelter or other non-profit organization. However, these forms may be specific to domestic violence restraining orders, so make sure you're getting the right paperwork for your situation. [27]
    • You also may be able to download forms from the court's website and fill them out directly on your computer.
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    You must fill out the forms completely and accurately if you want the court to issue a restraining order.
    • You must provide identifying information such as your name and address, as well as the name and address of the person you want the court to restrain.
    • If you don't know all the information about the other person, fill in as much as you do know and leave anything else blank rather than guessing. However, keep in mind that if you don't have an accurate name and address for the person, you won't be able to have them served and your order will not be made permanent.
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    Some forms may require you to sign them in the presence of a notary public.
    • If the packet of forms includes an affidavit, it must be signed in front of a notary so your identity and signature can be validated. This and other forms may have a notary block for the notary to sign and date the document and affix his or her seal.
    • If you don't know where to find a notary, ask at the courthouse or go to a professional association website such as the National Notary Association, which has a searchable directory available. Keep in mind that you may have to pay a small fee for notary services.
    • After you've completed and signed all your paperwork, make at least two copies of everything. Some courts may require additional copies – you can find out from the court clerk.
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    Once you've completed all the required forms, you must file them with the clerk to obtain a temporary restraining order. [28]
    • In most states you won't be charged a filing fee to file a petition for a restraining order.
    • When you file your initial paperwork, the clerk typically will schedule a hearing and issue a temporary restraining order. This will keep the person away from you until the scheduled hearing.
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    To make your temporary restraining order permanent, the person must have noticed that you've asked the court for the order so he or she has the opportunity to contest the order.
    • You can use the sheriff's department or a private process serving company to have the documents served. Typically you'll be charged a fee for this service, although in some jurisdictions the sheriff's department will waive process serving fees for restraining orders.
    • Keep in mind that the judge won't issue a permanent restraining order without proof that the person has been served and had the opportunity to attend the hearing. Your temporary order will expire on the date of your hearing, and cannot be extended or renewed without an additional hearing. [29]
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    Your temporary restraining order will not be made permanent unless you appear for a hearing in open court.
    • In court, you can present to the judge any evidence you have of the extortion or the threats the person has made against you. You also should bring copies of the police report, if you filed one. [30]
    • Keep in mind that the person you're asking the court to restrain may appear in court as well, so you might consider taking friends or family members with you if you're concerned for your safety.
    • If the person you want the court to restrain doesn't attend the hearing, the judge typically will grant your permanent restraining order provided you can prove the person presents a threat to you and they had legal notice and knowledge of the hearing and failed to attend.
    • Assuming the other side does show up, the judge will listen to both of you before making the decision to grant or deny your restraining order. [31]
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      References

      1. ↑ http://criminal-law.freeadvice.com/criminal-law/violent_crimes/extortion.htm
      2. ↑ https://www.hg.org/extortion.html
      3. ↑ http://criminal-law.freeadvice.com/criminal-law/violent_crimes/extortion.htm
      4. ↑ http://criminal-law.freeadvice.com/criminal-law/violent_crimes/extortion.htm
      5. ↑ http://criminal-law.freeadvice.com/criminal-law/violent_crimes/extortion.htm
      6. ↑ http://criminal-law.freeadvice.com/criminal-law/violent_crimes/extortion.htm
      7. ↑ https://www.hg.org/extortion.html
      8. ↑ http://www.nolo.com/legal-encyclopedia/charged-with-crime-how-29677.html
      9. ↑ https://www.ic3.gov/Home/FAQ
      1. ↑ http://www.legalmatch.com/law-library/article/emergency-protective-orders.html
      2. ↑ http://www.legalmatch.com/law-library/article/emergency-protective-orders.html
      3. ↑ http://www.legalmatch.com/law-library/article/emergency-protective-orders.html
      4. ↑ http://www.legalmatch.com/law-library/article/emergency-protective-orders.html
      5. ↑ http://www.nolo.com/legal-encyclopedia/how-prosecutors-decide-which-cases-charge.html
      6. ↑ https://www.ic3.gov/Home/FAQ
      7. ↑ https://www.ic3.gov/Home/FAQ
      8. ↑ https://www.ic3.gov/Home/FAQ
      9. ↑ https://www.ic3.gov/Home/About
      10. ↑ https://www.ic3.gov/Home/FAQ
      11. ↑ https://www.ic3.gov/Home/ComplaintChoice/default.aspx
      12. ↑ https://www.ic3.gov/Home/ComplaintChoice/default.aspx
      13. ↑ https://www.ic3.gov/Home/ComplaintChoice/default.aspx
      14. ↑ https://www.ic3.gov/Home/FAQ
      15. ↑ https://www.ic3.gov/Home/FAQ
      16. ↑ https://www.ic3.gov/Home/FAQ
      17. ↑ https://www.ic3.gov/Home/FAQ
      18. ↑ http://stoprelationshipabuse.org/how-to-get-a-restraining-order/
      19. ↑ http://www.courts.ca.gov/1264.htm
      20. ↑ http://www.courts.ca.gov/1264.htm
      21. ↑ https://www.findlaw.com/legalblogs/criminal-defense/what-proof-do-you-need-for-a-restraining-order/
      22. ↑ http://stoprelationshipabuse.org/how-to-get-a-restraining-order/

      About This Article

      Article Summary X

      Extortion is when someone threatens to harm you or someone you love unless you pay them or do something for them. To report extortion, first gather any evidence you have, such as emails and text messages of the threats. Then, go to your local police station and tell them you need to report extortion. Explain your situation to the officer, who will help you file an official report. If you know the person who is trying to extort you, you can also file an emergency restraining order to protect yourself. If the extortion occurred online, report it to the Internet Crime Complaint Center, which is run by the FBI. They will then forward your complaint to the appropriate law enforcement agency. For more tips from our Legal co-author, including how to file a regular restraining order, read on.

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