Under the stringent 18 U.S.C. 876, a law of utmost severity, it is a grave federal offense to use the U.S. Mail to send a letter to someone threatening to kidnap or injure another person, with or without a set of accompanying demands. This law should not be taken lightly, as its implications are severe, underscoring the gravity of the situation.
But does this law apply if the letter is sent to a corporation rather than a specific individual? Under certain conditions, it can be a violation under U.S.C. 876. However, the longer answer lies in understanding the law's requirements and how courts interpret its provisions.
It's essential to note that mailing a threatening letter to a corporation constitutes a serious violation of 18 U.S.C. § 876. This statute explicitly prohibits mailing threatening communications, and the term 'person' is broadly interpreted to include legal entities, such as corporations.
In other words, Title 18 U.S.C. 876 is the federal law that makes it a crime to mail threatening communications. While the statute specifically mentions "person," the term is generally construed to encompass both people and entities.
Specific Intent to Threaten
The statute prohibits the mailing of communications containing threats to injure a person, property, or reputation. It also requires a specific intent to threaten, which means the sender must have intentionally sought to instill fear or distress in the recipient.
A corporation can be the victim of a threatening communication, even if it is not a natural person. For example, if a letter is sent threatening to damage a corporation's property or harm its reputation, and the sender has the intent to threaten, it could be a violation of 18 U.S.C. 876.
Threatening communications can take many forms, including letters, emails, or social media posts, and can include threats of physical harm, damage to property, or harm to reputation. Given the complexity of each case, it's crucial to seek legal advice if you're accused of violating 18 U.S.C. 876.
A lawyer can help you understand your rights and the potential charges and penalties you may face. They can also advise you on potential defenses to a charge under this statute, such as:
- Lack of intent to threaten (for instance, if the communication was a joke or a misunderstanding),
- Lack of evidence of a threat (if the communication was not clear or direct), or
- A mistaken belief that the communication was not threatening. For instance, the communication may not meet the legal standard of 'specific intent to threaten'.
Overview of 18 U.S.C. 876
Under 18 U.S.C. 876, it is a federal crime to send certain types of threatening communications through the mail. (It is the use of the U.S. Mail, a federal agency, that makes the threat a federal crime.) Specifically, the statute prohibits four distinct behaviors:
- Demanding ransom or rewards for the release of a kidnapped individual (subsection (a)).
- Mailing threats to kidnap or harm someone, with the intent of extorting money or something of value (subsection (b)).
- Sending threats to kidnap or harm individuals, regardless of extortion intent (subsection (c)).
- Threatening to harm someone's reputation or property or to accuse someone of a crime with the intent to extort money or other benefits (subsection (d)).
Violations of these provisions can result in serious penalties, ranging from fines to lengthy prison sentences, depending on the nature of the threat and the intended recipient.
The potential consequences are severe, with imprisonment for up to 20 years for sending a ransom or extortion demand, and up to 2 years for merely threatening someone's reputation.
The weight of these potential penalties should not be underestimated, and it's crucial to understand the gravity of the situation. Generally, the crime of "blackmail" has become more commonly known as "extortion," which is essentially threatening to do something or disclose something that will harm the potential victim of the threat.
Often, the threat of the potential harm is done in attempts to obtain something of value, whether it is money or some non-‐tangible benefit. It is a federal crime pursuant to the use of interstate or foreign communications, or the use of the mail. A federal threat crime can also be prosecuted pursuant to the requirement that it involve a violation of federal law (18 U.S. Code, 873).
What Does Federal Law Say?
18 U.S. Code 876 - Mailing threatening communications says -
"(a) Whoever knowingly deposits in any post office or authorized depository for mail matter, to be sent or delivered by the Postal Service or knowingly causes to be delivered by the Postal Service according to the direction thereon, any communication, with or without a name or designating mark subscribed thereto, addressed to any other person, and containing any demand or request for ransom or reward for the release of any kidnapped person, shall be fined under this title or imprisoned not more than twenty years, or both.
(b) Whoever, with intent to extort from any person any money or other thing of value, so deposits, or causes to be delivered, as aforesaid, any communication containing any threat to kidnap any person or any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more than twenty years, or both.
(c) Whoever knowingly so deposits or causes to be delivered as aforesaid, any communication with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to kidnap any person or any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more than five years, or both. Suppose such a communication is addressed to a United States judge, a Federal law enforcement officer, or an official who is covered by section 1114. In that case, the individual shall be fined under this title, imprisoned not more than 10 years, or both.
(d) Whoever, with intent to extort from any person any money or other thing of value, knowingly so deposits or causes to be delivered, as aforesaid, any communication, with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to injure the property or reputation of the addressee or of another, or the reputation of a deceased person, or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both. Suppose such a communication is addressed to a United States judge, a Federal law enforcement officer, or an official who is covered by section 1114. In that case, the individual shall be fined under this title, imprisoned not more than 10 years, or both."
What are Related Federal Offenses?
18 U.S. Code Chapter 41 Part I, Extortion and Threats, has several related federal crimes, such as the following:
- 18 U.S.C. 871 - Threats against the President and successors.
- 18 U.S.C. 872 - Extortion by officers or employees of the United States,
- 18 U.S.C. 873 - Blackmail and extortion.
- 18 U.S.C. 874 - Kickbacks from public works employees.
- 18 U.S.C. 875 - Interstate communications.
- 18 U.S.C. 876 - Mailing threatening communications.
- 18 U.S.C. 877 - Mailing threatening communications from a foreign country.
- 18 U.S.C. 878 - Threats and extortion against foreign officials, official guests, or internationally protected persons.
- 18 U.S.C. 879 - Threats against former Presidents and certain other persons.
- 18 U.S.C. 880 - Receiving the proceeds of extortion.
Can the Addressee Be a Corporation?
The nuance of this law (and the sticking point) can be found in a set of jury instructions presented by the 9th Circuit Court, which specifically says, "the threatening communications must be addressed to a natural person." This interpretation means that if a threatening letter is exclusively addressed to a corporation, it might not fall within the scope of 18 U.S.C. 876.
That said, the determination of whether a communication is addressed to a person depends on various factors. These include details on the envelope, the salutation line, and the document's content.
Even if a letter is ostensibly sent to a corporation, listing a specific person's name, a general title (like "CEO" or "Manager"), or any indication that a particular individual is targeted can satisfy the statute's requirement of being "addressed to a person." This opens the possibility that sending a letter directed to someone in their corporate role (e.g., "HR Manager") could qualify for prosecution under U.S.C. 876.
What Conditions Must Exist?
Let's determine whether mailing a threatening letter to a corporation violates federal law. While a letter sent explicitly to a corporation does not directly meet the requirement of being addressed to a natural person, it could still fall under 18 U.S.C. 876 if the following conditions are present:
- The Letter Is Addressed to a Person Within the Corporation. A corporation may operate as a collective entity, but individuals within it handle communications. When a letter is directed to a specific individual, explicitly or implicitly, the law applies. Case law has confirmed this includes situations where the communication uses a title or role (e.g., "Chief Financial Officer") rather than the individual's name. The critical factor is whether the content indicates an intent to address a specific person rather than the corporation as a whole.
- The Threat Itself Meets the Criteria Under the Law. Even if the communication is addressed inappropriately under the statute, it will only violate 18 U.S.C. 876 if its content satisfies specific criteria. Some examples of prohibited threats under the law include threats to kidnap someone, threats to physically harm a person (including the addressee or another party), threats made with the intent to extort money, property, or another benefit, and threats to damage someone's reputation (including a person associated with the corporation).
For instance, a letter stating, "Pay me $50,000, or I will harm the Vice President of Marketing," and addressed to a company but marked as intended for the vice president, would likely violate the statute.
Similarly, threatening to harm a corporation's reputation unless demands are met could also trigger legal action under subsection (d). On the other hand, a more generic or inane threat, such as "I will no longer buy your products" or "I will leave a negative review on Yelp if you don't refund me," would generally not qualify as a legitimate threat of harm under this statute.
Why You Need a Defense Attorney
Federal criminal investigations are complex and require the expertise of an experienced federal criminal defense attorney to maximize the chances of a successful outcome.
If you or a family member is under criminal investigation for, or has already been indicted for mailing a threatening letter to a corporation, blackmail, or extortion, contact our attorneys for an initial consultation.
Depending on the particular circumstances of your case, we may be able to negotiate a pre-indictment resolution, negotiate a plea deal after a filing has already occurred, or potentially litigate your case in a federal jury trial.
As every case is unique, a consultation will enable us to guide you through the process, identify the immediate critical steps to protect your rights, and begin working toward the optimal outcome for your specific situation. For more information, contact Eisner Gorin LLP, a federal criminal defense law firm in Los Angeles, California.
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