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pnwmom

(108,980 posts)
Fri Feb 8, 2019, 12:57 AM Feb 2019

A.M.I. is based in NY, and here is the NY state law on "coercion," in the 2nd degree,

in case anyone's wondering. It does seem to apply, but it's only a misdemeanor, unfortunately.

https://codes.findlaw.com/ny/penal-law/pen-sect-135-60.html

New York Consolidated Laws, Penal Law - PEN § 135.60 Coercion in the second degree

A person is guilty of coercion in the second degree when he or she compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he or she has a legal right to engage, or compels or induces a person to join a group, organization or criminal enterprise which such latter person has a right to abstain from joining, by means of instilling in him or her a fear that, if the demand is not complied with, the actor or another will:

1.?Cause physical injury to a person; ?or

2.?Cause damage to property; ?or

3.?Engage in other conduct constituting a crime; ?or

4.?Accuse some person of a crime or cause criminal charges to be instituted against him or her; ?or

5.?Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; ?or

6.?Cause a strike, boycott or other collective labor group action injurious to some person's business; ?except that such a threat shall not be deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act; ?or

7.?Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; ?or

8.?Use or abuse his or her position as a public servant by performing some act within or related to his or her official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; ?or

9.?Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships.

Coercion in the second degree is a class A misdemeanor

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pnwmom

(108,980 posts)
3. National Enquirer's owner, American Media, Inc. The company that is blackmailing Jeff Bezos
Fri Feb 8, 2019, 01:31 AM
Feb 2019

despite having signed a non-prosecution agreement connected with the Michael Cohen case that required AMI not to commit any crimes.

Kablooie

(18,634 posts)
4. The maximum punishment is 12 months in a local jail.
Fri Feb 8, 2019, 02:18 AM
Feb 2019

The maximum punishment for any misdemeanor New York is twelve months of incarceration in a local jail. Jail time is usually reserved for an A class misdemeanor in New York. A New York class A misdemeanor is usually assigned jail time as it is one step down from a felony.

pnwmom

(108,980 posts)
7. However, the prosecution agreement says if any crime is committed after the agreement
Fri Feb 8, 2019, 02:35 AM
Feb 2019

is in place, then the prosecutor could prosecute on the new crime AND on all the other charges -- the ones that were supposed to go away in exchange for cooperation.

Kablooie

(18,634 posts)
8. Ah yes. But it blows up all their cooperation.
Fri Feb 8, 2019, 02:47 AM
Feb 2019

Which I'm sure will be a setback for the prosecution.
It actually helps Trump.

pnwmom

(108,980 posts)
9. It might not be much of a setback. The prosecution already has the documents and testimony
Fri Feb 8, 2019, 03:04 AM
Feb 2019

that they already collected.

If it turns out that the defendants breached the agreement, they're the ones who will suffer the consequences.

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