Federal Hobbs Act Prosecutions
The Hobbs Act at 18 U.S.C. § 1951 is one of the most frequently used federal statutes for prosecuting robberies, extortion, and public corruption affecting interstate commerce. The statute carries a 20-year maximum and has been expansively interpreted to reach conduct that many defendants wouldn’t recognize as federal. Whether your case is in Louisville, Lexington, or anywhere in Kentucky, Clark + Harris defends Hobbs Act cases with the federal experience these prosecutions demand.
The Hobbs Act Statute
The Hobbs Act prohibits interference with interstate commerce through robbery, extortion, or attempts and conspiracies to do either. “Extortion” is defined to include obtaining property from another through force, violence, fear, or — importantly — under color of official right. This last clause makes the Hobbs Act a primary tool for public corruption prosecutions.
Commercial Robbery Cases
Federal Hobbs Act robbery charges commonly involve armed robberies of commercial establishments — gas stations, restaurants, convenience stores, pharmacies, and similar businesses that purchase goods in interstate commerce. The interstate commerce nexus is easily satisfied because virtually all commercial robberies affect some interstate business.
Hobbs Act robbery cases often pair with 18 U.S.C. § 924(c) firearms enhancements, adding consecutive mandatory minimums on top of the Hobbs Act sentence. The combination can produce decades of total exposure from a single robbery.
Public Corruption and Color-of-Official-Right Extortion
The “color of official right” theory of Hobbs Act extortion reaches public officials who receive payments to which they aren’t entitled. This theory has been used to prosecute elected officials, government employees, and private parties who corrupted them. The scope of color-of-official-right liability has been significantly affected by Supreme Court decisions including McCormick v. United States (requiring a quid pro quo for campaign contributions) and McDonnell v. United States (narrowing the definition of “official act”).
Defense Strategies
Hobbs Act defense strategies include challenging the interstate commerce nexus (rarely successful but sometimes viable), challenging the force or fear element in extortion cases, challenging the quid pro quo element in color-of-official-right cases, attacking the identification of the perpetrator in robbery cases, and constitutional challenges to searches and statements. For federal public corruption cases, post-McDonnell defenses focused on the definition of “official act” have reshaped the landscape.
Conspiracy to Commit Hobbs Act Offenses
Conspiracy to commit Hobbs Act robbery or extortion under § 1951(a) is a favored prosecution tool because it allows charges against drivers, lookouts, and others with limited direct involvement. The Supreme Court’s decision in United States v. Taylor held that attempted Hobbs Act robbery is not a crime of violence for §924(c) purposes — creating defense opportunities.
Contact Clark + Harris for Hobbs Act Defense
Hobbs Act cases carry serious federal exposure. Clark + Harris has the experience these prosecutions demand.
Call 859-474-0001 today for a confidential consultation.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful: