United States v. Nardello

by Earl Warren

United States Supreme Court

393 U.S. 286

United States  v.  Nardello et al.

Appeal from the United States District Court for the Eastern District of Pennsylvania

No. 51.  Argued: November 12, 1968 --- Decided: January 13, 1969

Appellees were indicted for violating 18 U.S.C. § 1952, which prohibits travel in interstate commerce with intent to carry on "extortion" in violation of the laws of the State in which committed. In Pennsylvania, where the acts were allegedly committed, the statute entitled "extortion" applies only to public officials, while other statutes prohibit various aspects of "blackmail." The "blackmail" laws, which cover appellees' alleged activities, each define the offense as an act committed with intent "to extort." The District Court, believing that the term extortion was intended "to track closely the legal understanding under state law," concluded that the offense of extortion could only be committed by public officials, and dismissed the indictment against appellees, who were not public officials. The Government appealed.

Held: In light of the congressional purpose to assist local law enforcement officials in combating interstate activities of organized crime which violate state laws, and not merely to eliminate only those acts which a State has denominated extortion, the extortionate acts for which appellees were indicted, which were prohibited by Pennsylvania law, fall within the generic term "extortion" as used in 18 U.S.C. § 1952. Pp. 289-296.

278 F.Supp. 711, reversed and remanded.

Philip A. Lacovara argued the cause for the United States, pro hac vice. With him on the brief were Solicitor General Griswold, Assistant Attorney General Vinson, Beatrice Rosenberg, and Sidney M. Glazer.

F. Emmett Fitzpatrick, Jr., argued the cause and filed a brief for appellees.

Notes