Second Circuit – Extortion: United States v. Farooq

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United States Court of Appeals for the Second Circuit

Extortion

Plea proceedings – Supervised release conditions

United States v. Farooq

21-0707

Judges Kearse, Park, and Menashi

Background: The defendant was convicted of one count of extortion for threatening to disseminate nude photographs of the victim if she did not return to a relationship with him. On appeal, he argues that the plea proceedings were defective because the court did not explain the wrongfulness element of extortion. He also challenges two special conditions of supervised release as violating his Frist Amendment rights.

Ruling: The Second Circuit affirmed. The court held that the plea proceedings were not defective because the district court correctly determined that he understood the nature of each charge. The court was not required to provide a separate explanation when the defendant stipulates that he has no plausible claim of right to the thing of value. The Second Circuit further held that the special condition that the defendant seek approval from the court before publishing further information about the victims does not violate the First Amendment because he pled guilty to extortion, and he is a journalist who published or threatened to publish information about the victims in the past. This was a narrowly tailored special condition imposed within the court’s discretion.

Joshua Philip Bussen, of Morvillo Abramowitz Grand Iason & Anello, for the defendant-appellant; Kayla C. Bensing, assistant United States attorney, for the appellee.

Oral argument audio