United States v. George Ernst Von Der Linden, Jr.

Appellant was convicted of the use of an interstate communication in an attempt to extort $25,000.00. 18 U.S.C. § 875 (d). Appellant threatened to reveal facts damaging to the reputation of another person unless he was paid $25,000.00. In the same conversation, he also defamed the character of a friend; these allegations were unrelated to the extortion attempt.

At trial, appellant denied he intended to extort money, explaining the conversation as an emotional quarrel. The jury apparently disbelieved this explanation. On appeal, he contends evidence showing the truth of the aforementioned allegations should have been admitted by the trial judge.

[L2] As a general rule, the truth of damaging allegations underlying a threat to injure the reputation of another is no defense to a charge of extortion. Wilson v. Oklahoma (Okl.Cr.1957), 306 P.2d 717, 731 ; State v. Harrington, 128 Vt. 242 , 260 A.2d 692 (1969). See also, Keys v. United States, 126 F.2d 181 (8th Cir. 1942), cert. denied, 316 U.S. 694 , 62 S.Ct. 1296 , 86 L.Ed. 1764 (1942); United States v. Pignatelli, 125 F.2d 643 (2d Cir. 1942), cert. denied, 316 U.S. 680 , 62 S.Ct. 1269 , 86 L.Ed. 1754 (1942). The language of § 875(d)…