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Dwyer & White (Wrongful Death, Personal Injury and Eminent Domain)

Home   Attorney >  Dwyer & White (Wrongful Death, Personal Injury and Eminent Domain)
Address:
2100 Riveredge Parkway N.W. Suite 700 Atlanta, Georgia 30328
GPS:
33.9085905, -84.44065110000003
Telephone:
Phone(770) 956-1984 Fax (770) 956-1381
Email:
[email protected]
Web:
https://dwyer-llc.com/
Hours Open:
Monday:
9 AM - 5 PM
Tuesday:
9 AM - 5 PM
Wednesday:
9 AM - 5 PM
Thursday:
9 AM - 5 PM
Friday:
9 AM - 5 PM
Saturday:
CLOSED
Sunday:
CLOSED
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Dwyer, who “ranks among a tiny cadre of the city’s super criminal defense lawyers,” brings decades of legal acumen to the table with a “focused perseverance and legal savvy [that] have become the stuff of near legend.”

– The Boston Globe

In United States v. Buffis,1 the First Circuit addressed whether a government official must wrongfully use actual or threatened force, violence, or fear to be convicted of Hobbs Act extortion under color of official right. The appellant, the former Chief of Police for Lee, Massachusetts,2 challenged the sufficiency of the evidence to support his conviction for taking money in order to drop claims against two individuals accused of operating a house of ill repute, claiming that he could not be convicted as the two individuals were “comfortable” paying the funds.3 The First Circuit held that extortion under color of official right is a prong separate from the “fear” prong, so when a government official receives a payment in an official capacity, “it need not prove that the official induced the payment through fear.”4

Background Facts

The appellant was charged with extortion for making a deal to drop charges against two individuals charged with prostitution in exchange for a payment of $4,000 to a charity run by the police department (and from which the appellant paid personal expenses). When the police first raided the inn, one of the individuals admitted to the prostitution and offered to donate the proceeds to charity in order to avoid the charges. The police initially refused the offer. However, when the appellant became involved, he decided that he would accept payment to clear the individuals.

To secure the deal, the appellant presented an “Accord & Satisfaction” to the two individuals at a scheduled court appearance. The two individuals signed the document, paid the $4,000 to the charity, and the appellant dropped the charges.

The clerk-magistrate assigned to the matter questioned the decision to drop the charges, and the district attorney’s office agreed, asking the Massachusetts State Police to investigate. After the investigation, a grand jury indicted the appellant for several charges, including Hobbs Act extortion under color of official right. At trial, the appellant was acquitted of all charges except Hobbs Act extortion under color of official right. He appealed.