it's NOT blackmail, but is it illegal?

[Telemark]

@Canadjun

IANAL, but it seems to me that that is only true in theory.

So you are saying that if I put money in your bank account for no apparent reason, I’ve established the basis for a charge of blackmail?

[TokyoBayer]

@Finagle

If you’re sitting there with a paid off mortgage and a brand spanking new lawn tractor given to you by someone who has never previously had reason to give you goodies, your innocence may not be apparent to a jury of your peers.

If someone did start to give you gifts like this, it would be worth visiting your attorney on how to document that you are not blackmailing the person.

There are two celebrities here in Japan who are going through a bitter divorce and the husband has said he would grant the divorce but would tell all. I don’t know why that isn’t concerned blackmail, but the wife hasn’t filed with the police. Maybe there are secrets she doesn’t want out.

When I was in high school, I cleaned buildings after hours as a part time job. One day, the outer office had the lights out, as usual, but one of the inner office doors was locked, which wasn’t usual. I unlocked it and turned the lights on to see the executive (married with kids, judging from the pictures on the desk) in a compromising position with the secretary from the company across the hall (also married, with kids, ditto). Ooops. Lights off.

They didn’t offer the the tiniest bribe either. :mad: But the look on his face was worth it.

[doubled]

It’s a fascinating book by a law professor about exactly this issue. It gives dozens of hypothetical examples of “XYZ is blackmail, but if we restructure it slightly differently, then it’s technically no longer blackmail” and analysis of what that means legally.
One of the hypothetical examples in the very first chapter is nearly identical to the OPs.

Ill-Gotten Gains: Evasion, Blackmail, Fraud, and Kindred Puzzles of the Law:...

[TruCelt]

biscuitvoice - it’s an ancient reference to Ally McBeal. I just hear Peter MacNichols voice anytime I use the word “fraught.” Tried to youtube it for you, but no luck.

[Gedd]

@Telemark

How does someone pay off your mortgage or put money in your account without you having the ability to tell the bank “No”? I assume this is possible but I don’t know.

It is possible that you might just not notice it, especially with electronic banking.

My dad and I have the same first name (but different middle ones) and live in the same town. He switched to our bank and they got us mixed up. He got e-mails saying his mortgage was being paid, we did too. Due to the timing of when the mortgage was paid, when we were paid, and when we checked out accounts it took us some time to figure out why we were suddenly poor.

I realize they had two people with the same first and last name in the same city, but how do they mix them up when they have different addresses, DoBs, SSN, middle initials, etc. :smack:

[Canadjun]

@Telemark

So you are saying that if I put money in your bank account for no apparent reason, I’ve established the basis for a charge of blackmail?

No, I’m saying that the defendant does have to do something to reduce the perceived likelihood below “a reasonable doubt”. If you’ve done something “naughty” that I witness, then put $10,000 in my bank account, then frame me for blackmail, it seems to me it would be unwise for me to just sit there and say “prove it” without rebutting your claims.

[A.Gwilliam]

@Gedd

I realize they had two people with the same first and last name in the same city, but how do they mix them up when they have different addresses, DoBs, SSN, middle initials, etc. :smack:

Banks, eh?

A couple of years ago or so I gave a bank (well, a building society) a change of address request in writing. They changed my address to some completely spurious thing that had no relation to either my old or new address.

I don’t bank with them any more…

[md2000]

@Gedd

It is possible that you might just not notice it, especially with electronic banking.

My dad and I have the same first name (but different middle ones) and live in the same town. He switched to our bank and they got us mixed up. He got e-mails saying his mortgage was being paid, we did too. Due to the timing of when the mortgage was paid, when we were paid, and when we checked out accounts it took us some time to figure out why we were suddenly poor.

I realize they had two people with the same first and last name in the same city, but how do they mix them up when they have different addresses, DoBs, SSN, middle initials, etc. :smack:

Back in the days of paper banking records (late 70’s in small town), my co-worker Alfred and his father Fred had frequent mix-ups. The bank tellers would search the cards by last name and assumed one was the other. They weren’t the brightest tellers in the cage…

[qazwart]

If I see someone doing something embarrassing, and say “If you don’t pay me a million dollars, I’ll tell the world”, that’s blackmail.

If I tell the person I am going to write a story about it, and they hire a lawyer to talk to my lawyer and a legal agreement is made that I keep my mouth shut and they pay me a million dollars, that’s not blackmail.

Basically, if you can get lawyers involved, it’s no longer blackmail, but a simple contractual agreement to the benefit of both parties.

So, the best thing for the OP to do is tell the other party to talk to his lawyer about it.

[Naxos]

@cedman

But the culprit(s) see me, panic and proceed to go about paying off my house, car, truck, jetski, buying me a new lawn tractor, whatever. Have I committed any crime by accepting these “favors” even though I never said a word to them or anyone else about what I witnessed?

Not a crime, but try again for extorting and abusing others for your benefit.

The Law does not have stipulations for personal moral choices. If you accept those gifts, your morality is in the sewer, otherwise known as being a piece of human excrement.

[TokyoBayer]

@Naxos

Not a crime, but try again for extorting and abusing others for your benefit.

The Law does not have stipulations for personal moral choices. If you accept those gifts, your morality is in the sewer, otherwise known as being a piece of human excrement.

Perhaps an excellent question for GD, but the GQ OP is if this is illegal or not.

[MikeS]

How is blackmail usually proved in “real” blackmail cases, anyhow? Does there have to be evidence (letters, phone calls, etc.) that the blackmailer actually threatened to reveal disreputable information about the blackmailee? Do those accused of blackmail ever try the “spontaneous gift” defense?

For the record, here’s Florida’s statutes on blackmail (covered under “extortion”):

Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

I’m inordinately amused that “impute a lack of chastity” is still in there.