Hobbs Act
Encyclopedia
The Hobbs Act, named after Congressman Sam Hobbs
(D
-AL
) and codified at , is a U.S. federal law that prohibits actual or attempted robbery
or extortion
affecting interstate or foreign commerce. Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy statute at . Although the Hobbs Act was enacted as a statute to combat racketeering in labor-management disputes, the statute is frequently used in connection with cases involving public corruption, commercial disputes, and corruption directed at members of labor unions.
The Hobbs Act covers two distinct forms of extortionate activity: extortion by fear (that is, traditional robbery) and extortion under color of law. Extortion under color of law occurs where a government official uses his position to obtain payment from a victim. Unlike the federal bribery and gratuity statute, , federal, state, and local officials can all be prosecuted for extortion
by color
under the Hobbs Act, as the jurisdictional element is satisfied by a nexus with interstate commerce.
. Thus, the lower federal courts have recognized that an actual effect on commerce is sufficient to satisfy the federal jurisdictional element even if it is slight or de minimis.
The government will often use the depletion of assets theory to prove the jurisdictional element. Under this theory, interstate commerce is affected when an enterprise, which either is actively engaged in interstate commerce or customarily purchases items in interstate commerce, has its assets depleted through extortion, thereby curtailing the victim's potential as a purchaser of such goods. While the courts have interpreted the jurisdictional element liberally, it is not a formality; courts have drawn a distinction under the depletion of assets theory between individuals and businesses. While depletion of a business' assets is usually sufficient to show an effect on interstate commerce, depletion of an individual's assets generally is not. Representatively, the Second Circuit
reasoned in United States v. Perrotta, 313 F.3d 33, 37 (2d Cir. 2002), that making no distinction between individuals and businesses would bring under the ambit of the Hobbs Act every conceivable robbery or extortion.
decided Scheidler v. National Organization for Women. The Court's unanimous opinion held that physical violence unrelated to robbery or extortion falls outside the scope of the Hobbs Act, and that the United States Congress
did not intend the Act to create a "freestanding physical violence offense." For that reason, the Court held, abortion
clinics could not use the Hobbs Act to obtain an injunction
against pro-life
protesters.
Sam Hobbs
Samuel Francis Hobbs was a U.S. Representative from Alabama.Born in Selma, Alabama, Hobbs attended the public schools, Callaway's Preparatory School, Marion Military Institute, and Vanderbilt University at Nashville, Tennessee, graduating from the law department of the University of Alabama at...
(D
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
-AL
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
) and codified at , is a U.S. federal law that prohibits actual or attempted robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
or extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
affecting interstate or foreign commerce. Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy statute at . Although the Hobbs Act was enacted as a statute to combat racketeering in labor-management disputes, the statute is frequently used in connection with cases involving public corruption, commercial disputes, and corruption directed at members of labor unions.
The Hobbs Act covers two distinct forms of extortionate activity: extortion by fear (that is, traditional robbery) and extortion under color of law. Extortion under color of law occurs where a government official uses his position to obtain payment from a victim. Unlike the federal bribery and gratuity statute, , federal, state, and local officials can all be prosecuted for extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
by color
Color (law)
In U.S. law, the term color of denotes the “mere semblance of legal right”, the “pretense or appearance of” right; hence, an action done under color of law colors the law to the circumstance, yet said apparently legal action contravenes the law....
under the Hobbs Act, as the jurisdictional element is satisfied by a nexus with interstate commerce.
Jurisdictional requirement
In interpreting the Hobbs Act, the Supreme Court has held that the statute employs the fullest extent of federal authority under the Commerce ClauseCommerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
. Thus, the lower federal courts have recognized that an actual effect on commerce is sufficient to satisfy the federal jurisdictional element even if it is slight or de minimis.
The government will often use the depletion of assets theory to prove the jurisdictional element. Under this theory, interstate commerce is affected when an enterprise, which either is actively engaged in interstate commerce or customarily purchases items in interstate commerce, has its assets depleted through extortion, thereby curtailing the victim's potential as a purchaser of such goods. While the courts have interpreted the jurisdictional element liberally, it is not a formality; courts have drawn a distinction under the depletion of assets theory between individuals and businesses. While depletion of a business' assets is usually sufficient to show an effect on interstate commerce, depletion of an individual's assets generally is not. Representatively, the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
reasoned in United States v. Perrotta, 313 F.3d 33, 37 (2d Cir. 2002), that making no distinction between individuals and businesses would bring under the ambit of the Hobbs Act every conceivable robbery or extortion.
Physical violence unrelated to robbery or extortion
On February 28, 2006, the Supreme Court of the United StatesSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decided Scheidler v. National Organization for Women. The Court's unanimous opinion held that physical violence unrelated to robbery or extortion falls outside the scope of the Hobbs Act, and that the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
did not intend the Act to create a "freestanding physical violence offense." For that reason, the Court held, abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
clinics could not use the Hobbs Act to obtain an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
against pro-life
Pro-life
Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...
protesters.