United States v. Richard Korab

Richard Korab was convicted under 18 U.S.C. § 2 for aiding and abetting an act of federal extortion in violation of 18 U.S.C. § 875 (b) and under 18 U.S.C. § 373 (a) for soliciting others to engage in the extortion. The appeal argues that the government failed to prove a threatening interstate communication as required by 18 U.S.C. § 875 (b).

In November of 1986, while in Los Ange-les, Richard Korab enlisted the help of co-defendants Arnold Moradians and Richard Fambrough to intimidate and extort money from Dennis Rubenstein, Korab’s neighbor in Phoenix. Korab arranged for Moradians and Fambrough to fly from Los Angeles to Phoenix in January, 1987, paid their fares, and met them at the Phoenix airport.

On various days between January 9 and January 12, Moradians, a stranger to Ru-benstein, taunted Rubenstein with incriminating information about Rubenstein (supplied to him by Korab), and threatened to kill him and his mother if he did not pay Moradians $30,000. Korab and Fambrough posed as friends and consolers to the victim. With the exception of one telephone call between Moradians and Rubenstein, made on January 11 from Los Angeles, all communications between the defendants and…