# Jussie Smollett (Empire) alleged hate crime attack.

**URL:** <https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706>\
**Category:** Cafe Society\
**Created:** [February 17, 2019, 4:04am UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706 "2019-02-17T04:04:36Z")\
**Posts on this page:** 20\
**Page:** 7

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**Author:** ![Xema](https://avatars.discourse-cdn.com/v4/letter/x/9de053/32.png) [@Xema](https://boards.straightdope.com/u/Xema)\
**Post date:** [February 21, 2019, 9:51pm UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/121 "2019-02-21T21:51:37Z")

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> [@Dallas\_Jones](#):
>
> The smack down by Chicago Police Supt. Eddie Johnson this morning was epic. No polite, politically correct statements. No equivocating, no hesitations.

Agreed: fully justified anger, calmly and clearly expressed. Exactly what the situation called for.

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**Author:** ![Tamerlane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tamerlane/32/7602_2.png) [@Tamerlane](https://boards.straightdope.com/u/Tamerlane)\
**Post date:** [February 21, 2019, 10:52pm UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/122 "2019-02-21T22:52:36Z")

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> [@Royal\_Nonesutch](#):
>
> Damn. Only $20,000 for about 10 hours or so of work per week?

Between rehearsals, table readings, wardrobe and makeup, shooting and re-shooting I’ve read that a typical or at least headline actor on a TV show can easily be doing 50-60 hours/week on set when working. The “when working” is significant of course. TV actors doing only one show will have a lot of down time in a year. For actors there is also the down time on set - it’s not like they are mining coal for 10-12 hours straight every day.

But 20k for 10 hours work a week is a kind of unfair exaggeration. The life of a successful actor has a ton of perks, but it isn’t all a bed of roses.

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**Author:** ![Darren\_Garrison](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/darren_garrison/32/92_2.png) [@Darren\_Garrison](https://boards.straightdope.com/u/Darren_Garrison)\
**Post date:** [February 21, 2019, 11:37pm UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/123 "2019-02-21T23:37:31Z")

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[Make that 65k per episode](https://www.huffpost.com/entry/jussie-smollett-arrested-charged-false-report-empire_n_5c6eb643e4b0f40774ccc84d).

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**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\
**Post date:** [February 22, 2019, 12:40am UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/124 "2019-02-22T00:40:22Z")

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> [@aceplace57](#):
>
> Yep, I’m surprised Smollett didn’t hire his stunt double to take the punches for him. 😃
> 
> He only paid these men $3500, with a check. What a cheap skate.
> 
> Didn’t early reports indicate Smollett didn’t want to report this to police? I seem to recall his manager persuaded him.
> 
> That would explain why no effort was made to hide the connection between these men. They didn’t plan for anything more than reporters looking at the incident.

Since he seems to be drawing from some kind of cliche bucket I have to go back in time and remind people of Jerry Springer. When he was councilman of Cincinnati he paid prostitutes with a check.

So, maybe the 2 Brothers were paid to beat him off.

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**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\
**Post date:** [February 22, 2019, 1:49am UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/125 "2019-02-22T01:49:09Z")

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Any predications on how the false police report charges ends? I assume a plea will be negotiated?

Maybe 200 hours community service and a fine?

He’s totally screwed if the Feds jump in over the letter with powder.

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**Author:** ![Ambivalid](https://avatars.discourse-cdn.com/v4/letter/a/a5b964/32.png) [@Ambivalid](https://boards.straightdope.com/u/Ambivalid)\
**Post date:** [February 22, 2019, 2:15am UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/126 "2019-02-22T02:15:03Z")

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> [@Annie-Xmas](#):
>
> Most criminals are caught because they are stupid, and they think, based on fictional media portrayals, that the cops are stupid.

And some people’s conceptions of most criminals are also based on fictional media portrayals.

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**Author:** ![Asuka](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@Asuka](https://boards.straightdope.com/u/Asuka)\
**Post date:** [February 22, 2019, 2:52am UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/127 "2019-02-22T02:52:22Z")

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> [@Darren\_Garrison](#):
>
> How badly did he get paid on that show? He couldn’t even swing the whole $4000 at once.

Every time I was a true crime store involving paying people to commit a felony the money paid is always stupidly low. Once saw a case where a man paid a guy at work $500 to kill his wife. Which he promptly did and immediately tried to make a down payment on a fancy truck with it.

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**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\
**Post date:** [February 22, 2019, 2:57am UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/128 "2019-02-22T02:57:50Z")

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> [@pulykamell](#):
>
> While nowhere near as popular as they once were, they still are reasonably common in my experience. I’m 43 and run a business that takes check or electronic payments (average payment is in the couple thousand dollar range). Almost all my clients are younger than I am. About half still pay in check. I actually have two personal checks sitting on my desk right now.

For something like this though, you’d think he’d have gone with cash. I mean, this just screams, “ARREST ME PLEASE!!!”  
What kills ME is that there are still idiots out there defending the guy.

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**Author:** ![Annie-Xmas](https://avatars.discourse-cdn.com/v4/letter/a/ecc23a/32.png) [@Annie-Xmas](https://boards.straightdope.com/u/Annie-Xmas)\
**Post date:** [February 22, 2019, 2:05pm UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/129 "2019-02-22T14:05:54Z")

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> [@Ambivalid](#):
>
> And some people’s conceptions of most criminals are also based on fictional media portrayals.

I did not say ALL criminals are stupid. Just most of the ones who get caught.

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**Author:** ![davidm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidm/32/225_2.png) [@davidm](https://boards.straightdope.com/u/davidm)\
**Post date:** [February 22, 2019, 2:47pm UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/130 "2019-02-22T14:47:55Z")

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> [@aceplace57](#):
>
> Any predications on how the false police report charges ends? I assume a plea will be negotiated?
> 
> Maybe 200 hours community service and a fine?
> 
> He’s totally screwed if the Feds jump in over the letter with powder.

Even if he gets a lenient sentence he’s likely screwed as far as his career is concerned. Maybe he can get a job at McDonald’s or something.

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**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\
**Post date:** [February 22, 2019, 4:18pm UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/131 "2019-02-22T16:18:38Z")

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people still write checks? short term his acting career will be done but he could make a comeback eventually down the road.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [February 22, 2019, 4:44pm UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/132 "2019-02-22T16:44:57Z")

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> [@aceplace57](#):
>
> Any predications on how the false police report charges ends? I assume a plea will be negotiated?
> 
> Maybe 200 hours community service and a fine?
> 
> He’s totally screwed if the Feds jump in over the letter with powder.

This much publicity makes it impossible to predict. With publicity comes politics. It depends on if the chief/mayor/prosecutor wants to make an example of him.

In general practice a low level felony would be routinely reduced to a misdemeanor to avoid a trial. Prosecutors love an easy win. Whenever there is a trial there is always uncertainty. Under normal circumstances it would be probation or a suspended sentence and a smallish fine.

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**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\
**Post date:** [February 22, 2019, 4:48pm UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/133 "2019-02-22T16:48:48Z")

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I believe his level of remorse and admittance of this will help determine that for him. So far, it doesn’t look like he’s helping himself.  
ETA: I be the city of Chicago is more interested in getting him to pay back the investigation.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [February 22, 2019, 4:53pm UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/134 "2019-02-22T16:53:45Z")

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> [@aceplace57](#):
>
> Didn’t early reports indicate Smollett didn’t want to report this to police? I seem to recall his manager persuaded him.
> 
> That would explain why no effort was made to hide the connection between these men. They didn’t plan for anything more than reporters looking at the incident.

That’s my working theory. He wanted the publicity but didn’t want an investigation. Early reports were that his manager pushed the issue (bad career move in retrospect). Even when he did talk to police he probably figured the chance of them finding the brothers was zero. He didn’t count on all of the video in the area and the detectives being able to track them back to their point of origin.

Believe me things don’t usually go this well. Cameras are either pointed in the wrong direction or not working. Coverage isn’t that complete. People get lost in the crowd or drive off in a non-descript car. Getting all this evidence must have felt like Christmas to the detectives.

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**Author:** ![jnglmassiv](https://avatars.discourse-cdn.com/v4/letter/j/f07891/32.png) [@jnglmassiv](https://boards.straightdope.com/u/jnglmassiv)\
**Post date:** [February 22, 2019, 6:27pm UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/135 "2019-02-22T18:27:43Z")

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> [@aceplace57](#):
>
> He’s totally screwed if the Feds jump in over the letter with powder.

Again, is sending threats or powder to yourself a Federal crime?

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**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [February 22, 2019, 6:59pm UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/136 "2019-02-22T18:59:45Z")

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> [@jnglmassiv](#):
>
> Again, is sending threats or powder to yourself a Federal crime?

I think so.

> [@18 U.S. Code § 876](#):
>
> (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.

It’s interesting to note that subsections (a) (c) and (d) all say “any _other_ person”, but (b) just says “any person”.

Aside from that, there’s the potential for a federal mail charge prosecution:

> [@18 U.S.C. § 1341](#):
>
> Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a Presidential declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

> [@18 U.S.C. § 1346](#):
>
> For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.

[Jussie Smollett could face up to 10 years in prison if found guilty of mail fraud](https://www.foxnews.com/entertainment/jussie-smollett-could-face-up-to-10-years-in-prison-for-mail-fraud)

and from [here](https://www.nbcnews.com/feature/nbc-out/jussie-smollett-faces-prison-career-ruin-if-he-lied-about-n973531):

> [@](#):
>
> Federal investigators are also probing a threatening letter that was sent to the “Empire” set. The letter included homophobic language and contained a white powder, which was later determined to be a crushed painkiller tablet. Should that letter turn out to be fake, federal prosecutors could also pursue a mail fraud charge, legal experts say.

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<div class="post-metadata">

**Author:** ![Typo\_Negative](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/typo_negative/32/484_2.png) [@Typo\_Negative](https://boards.straightdope.com/u/Typo_Negative)\
**Post date:** [February 22, 2019, 8:23pm UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/137 "2019-02-22T20:23:19Z")

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> [@jnglmassiv](#):
>
> Again, is sending threats or powder to yourself a Federal crime?

I don’t think it’s that he that he sent himself a threat. It’s that he used that self-mailed threat to further a fraud.

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<div class="post-metadata">

**Author:** ![Darren\_Garrison](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/darren_garrison/32/92_2.png) [@Darren\_Garrison](https://boards.straightdope.com/u/Darren_Garrison)\
**Post date:** [February 22, 2019, 8:58pm UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/138 "2019-02-22T20:58:11Z")

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> [@jnglmassiv](#):
>
> Again, is sending threats or powder to yourself a Federal crime?

[It is when the FBI are involved](https://www.dallasnews.com/news/crime/2017/12/07/crime-lie-fbi).

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**Author:** ![Larry\_Borgia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/larry_borgia/32/156_2.png) [@Larry\_Borgia](https://boards.straightdope.com/u/Larry_Borgia)\
**Post date:** [February 22, 2019, 10:54pm UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/139 "2019-02-22T22:54:17Z")

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Whatever the outcome, I hope Jussie realizes we all make mistakes. He shouldn’t beat himself up over it.

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**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\
**Post date:** [February 23, 2019, 2:57am UTC](https://boards.straightdope.com/t/jussie-smollett-empire-alleged-hate-crime-attack/829706/140 "2019-02-23T02:57:15Z")

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Raw footage of attack rehearsal.

Warning: NSFW. Contains explicit racist and homophobic language. Do not watch at work or around sensitive viewers.

[How #JussieSmollett Rehearse his “Attack”](https://www.youtube.com/watch?v=hS4PkrZGID0) (satire, fictional footage)

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