UNITED STATES of America, Plaintiff-Appellee, v. Michael Dean WILLIAMS, Defendant-Appellant

Michael Dean Williams (Williams), after a jury trial, was found guilty of violating 18 U.S.C. §§ 2 & 894 (conspiracy, attempt to collect, and collection of a debt by extortionate means). For the reasons set forth below we reverse the conviction.

FACTUAL BACKGROUND

In August, 1979, Williams was approached by Michael Farmer. Farmer was seeking a $5,000 loan and had been unsuccessful in his attempts to obtain the money through conventional lending sources.

Williams told Farmer that he could not make the loan but that he would see if he had any friends who could. Shortly thereafter, Williams introduced Farmer to Vincent Marcheselli and co-defendant Hal Jenkins; Williams left after the introductions were made. Marcheselli and Jenkins agreed to lend $5,000 to Farmer on condition that Farmer repay $8,000 within ninety days. Farmer agreed.

In mid to late October, before the loan was due, Farmer began receiving threats concerning repayment from Don Henry, who was introduced to Farmer by Marcheselli. Finally, in late November, Farmer decided to go to the F.B.I.

The F.B.I. agents undertook an investigation and arranged to have Farmer cooperate in their investigation by having him wear a…