is blackmail a crime uk

Thus, the severity of the punishment depends on whether the prosecutor charges the defendant with a misdemeanor or felony. If the conviction is a misdemeanor, the defendant could end up in jail for 364 days with a potential fine of $1,000. [13][14][15][16] Objections to the criminalization of blackmail often rest on what legal scholars call "the paradox of blackmail": it takes two separate actions that, in many cases, people are legally and morally entitled to do, and criminalizes them if done together. Continue with Recommended Cookies . Criminals may hack systems or networks to steal money or information, or simply to disrupt businesses. Giuseppe Di Matteo, 12, was kidnapped and killed in 1993 under the orders of Matteo Messina Denaro in an attempt to blackmail his father into not giving evidence against the mafia. Blackmail is a situation in which you agree not to share some piece of information in exchange for money or cooperation. Because the substance of these threats is so similar, many states have criminal laws that cover both at the same time. In some cases, the information that is being used to blackmail someone may not even be true. Also, having a defense attorney will also be beneficial in negotiating with federal prosecution in order to receive fewer charges and avoid hefty fines. Section 34 (2) (a) roots blackmail as an economically motivated crime. This. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. The demand was unwarranted. Indicates the geographical area that this provision applies to. The government's new coercive or controlling behaviour offence will mean victims who experience the type of behaviour that stops short of serious physical violence . Being blackmailed is a very serious and frightening situation. There are three primary defenses to this crime: Blackmail is a crime in the United States. In California, both blackmailing and extortion offenses are ruled under California Blackmail and Extortion law. To keep your data private, use privacy settings on social media accounts like Facebook and Instagram. Reach out to someone you know; you are not alone in these cyber criminals like these are becoming more and more common as technology becomes more in more prominent. If you are being blackmailed, it is . Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. In conclusion, if you are being blackmailed in the UK, do not delay and take action. This form is encrypted and protected by attorney-client confidentiality. Current timestamp: 17/01/2023 09:42:20 Quickly exit this site by pressing the Escape key. The crime of blackmail takes place the moment the perpetrator makes a threat against you. What is the case if a demand has been made by post? Note that extortion is also a federal crime under 18 U.S. 875(d), carrying up to 2 years in Federal Prison. Once a provisional sentence is arrived at the court should take into account factors that may make the offence more serious and factors which may reduce seriousness or reflect personal mitigation. Copyright Inbrief, All Rights Reserved. Generally, it involves a threat that is made by one person in order to compel another person to act in a manner against his or her will and often against his or her interests. The state legislations in the United States for the commission of blackmail or extortion offenses are more or less similar. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). Hacking is the unauthorised use of or access into computers or networks by using security vulnerabilities or bypassing usual security steps to gain access. Be careful when clicking links sent in emails that seem suspicious; there could be malware hidden within these attachments instead of what was promised which will infect both computer systems AND mobile devices alike without permission so resist the urge towards curiosity. These crimes include domestic abuse, rape, sexual offences, stalking, harassment, so-called . However, before going to the cops, speak with a lawyer and get good guidance on how to track down the blackmailer. Even if the execution of blackmail or extortion is done unnecessarily, the defendant can be charged with the same federal offense. Threats sent through the mail and other types of blackmail or extortion offenses carry much tougher penalties. And you will now face the consequences if they report you to the authorities. In Canada, blackmail is a criminal offence punishable by up to 14 years in prison. Interestingly, Merriam-Webster points towards ancient Anglo-Saxon era Scotland as the point of origin of the phrase. Your email address will not be published. whether the defendant has to actually receive property through the act of blackmail. However, extortion charges that get dismissed may be sealed right away. A demand with menaces will be regarded as unwarranted unless the person making the demand believes both of the following: How can it be shown the defendant believed the above two factors? 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If it were okay to spread false information, anyone could get away with intimidating others for their own benefit. Would demands of a sexual nature fall within the remit of the Theft Act? Conversely, where an apparently serious threat fails to intimidate the victim, this does not excuse the demander from liability if the ordinary person of normal stability and courage might have been influenced or made apprehensive so as to accede to the demand. The most common cyber threats include: Hacking - including of social media and email passwords. 873 is a federal offense that carries up to one year one year in federal prison, a fine, or both prion and a fine. It's not the act of revealing the . Extortion is coercing someone to obtain the victims money, property, or services. What is grand larceny? Public order: Includes offences which cause fear, alarm or distress. For further information see Frequently Asked Questions. Contact the police. Revised legislation carried on this site may not be fully up to date. 'Sextortion' is a form of blackmail. If you spot anything that looks incorrect, please drop us an email, and we'll get it sorted!if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'inbrief_co_uk-banner-2','ezslot_15',165,'0','0'])};__ez_fad_position('div-gpt-ad-inbrief_co_uk-banner-2-0');if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'inbrief_co_uk-banner-2','ezslot_16',165,'0','1'])};__ez_fad_position('div-gpt-ad-inbrief_co_uk-banner-2-0_1');.banner-2-multi-165{border:none!important;display:block!important;float:none!important;line-height:0;margin-bottom:7px!important;margin-left:auto!important;margin-right:auto!important;margin-top:7px!important;max-width:100%!important;min-height:250px;padding:0;text-align:center!important}, Copyright In Brief.co.uk, All Rights Reserved. Emotional blackmail is referred to in the field as FOG, which stands for "flagged.". blackmail: [noun] a tribute anciently exacted on the Scottish border by plundering chiefs in exchange for immunity from pillage. Answer (1 of 2): Blackmail is general word used by public but legal word for blackmail is extortion which is defined in section 383 IPC. If you are a victim of cyber-blackmail, you should report it to the local police. File a police report and report online to tips.fbi.gov. In California, extortion and blackmailing are considered felony crimes. By using this website you agree that whilst every care has been taken in the compilation of the information provided on this website, we won't be held liable or responsible for any loss, damage or other inconvenience caused as a result of any inaccuracy or error within the pages of this website. Extortion and blackmail are very similar. An example of extortion is a police officer threatening to . Extortion, a type of theft, involves the threat of physical harm or destruction in order to obtain something of value. The legal consequences are the same. Todays post is about the Similac lawsuit Similac baby formula, which claims that the, The world is moving toward digitalization at a very fast pace. BLACKMAIL AND EXTORTION Extortion refers to obtaining property or compelling action by the use of threats or by the misuse of public office. in certain states, the defendants attempts were unsuccessful or the defendant gained nothing. 2023Thomson Reuters. For instance, take the scenario of Joe who got to know about Bills sexual misbehavior. If someone is attempting to blackmail you contact the police immediately. Any significant developments affecting this resource will be described below. In this blog post, we will be discussing some key elements to remember when faced with the question, of what to do if someone is blackmailing you in the UK. This offense is generally a felony that can carry over a year in prison for a conviction. Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met. A threat to divulge embarrassing information, photos, or videos to obtain money. The consent submitted will only be used for data processing originating from this website. It's a felony to extort or attempt to extort any money or other property from another, under circumstances not amounting to robbery, by means of force or any threat. Phishing - bogus emails asking for security information and personal details. Required fields are marked *. The maximum penalties for blackmail are: 15 years' imprisonment (if a basic offence) 20 years' imprisonment (if an aggravated offence) Whether the offence is aggravated depends on whether offence occurred under certain aggravating circumstances. Is blackmail a crime UK? Butif you combine these two rights and threaten the CEO to expose the fraud unless they hire you, you have committed blackmail. Blackmail can be a very serious offence which has strict rules in the UK. Please complete the form below and we will contact you momentarily. The act of blackmailing involves the demands of money to keep the secrets hidden which can be embarrassing information of the victim if disclosed in public. While this is the general rule, each state has its own blackmail law. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. (a) that he has reasonable grounds for making the . In conclusion, if you are being blackmailed in the UK, do not delay and take action. In this section, we offer solutions for clearing up your prior record. 2. Since the charges and penalties vary greatly, it is best to consult a professional attorney in your State. expose a secret about the victim, or a family member of the victim. That it is proper to reinforce it with those particular menaces. For the offence of blackmail under TA 1968, the maximum prison sentence is 14 years. However, in other cases, you could be facing felony charges and up to 20 years in prison. It also involves making threats, but blackmail does not include threats of violence to a person or property. Is Blackmail Illegal In Washington State? This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. And you will now face the consequences if they report you to the authorities. 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We offer immediate, 24/7 assistance from our team of investigators. Some examples are listed below. The guideline sets out a series of ten steps which the court must follow before passing sentence. What to do when someone Blackmails you using your Nude Pictures. Turning this feature on will show extra navigation options to go to these specific points in time. Whereas blackmail is a crime based on information, extortion is a crime based on force. The crime is the threat itself, and whether the information spread is true or . Cyber criminals seek to exploit human or security vulnerabilities in order to steal passwords, data or money directly. 1(1)(d), 8(2); S.I. If the victim refuses, it is not extortion. The note also looks at the sentencing of blackmail and identifies some of the mitigating and aggravating factors that the court often takes into account. A criminal record can affect job, immigration, licensing and even housing opportunities. Every minute counts. If you find yourself the victim of blackmail in the UK, its important to remain calm and take measured steps to make sure your situation is dealt with appropriately. These offences include blackmail, demanding property with intent and stealing with menaces. To be blackmail, the demand must be made with a view to gain, or intent to cause loss. Do you think you need a construction accident lawyer to attain financial compensation? Instead, you must combat the blackmailer from the very beginning. buttock mail. is blackmail a crime? 2023 Thomson Reuters. Police in the Philippines say they have arrested dozens of suspects linked to an online blackmail syndicate. You should take legal advice from a solicitor where appropriate. According to state law, blackmail is a threat to divulge humiliating or damaging information about a person to obtain something of value or persuade someone to act against their will. Every crime in California is defined by a specific code section. Yes, it is, indeed. Additionally, consider seeking out a third-party company such as Digital Investigation. Most states categorize extortion as a felony or misdemeanor, depending on the damage caused. If youre a victim of. Extortion is explained as the utilization of coercion in order to obtain goods, services, money from another person illegally. In short, blackmail is an illegal act and its something that no one should have to face alone. Alternatively, Mackay derives it from two Scottish Gaelic words blathaich pronounced (the th silent) bla-ich (to protect) and mal (tribute, payment), cf. Blackmail and extortion laws vary across the United States. Blackmail can be a very serious offence which has strict rules in the UK. are used interchangeably, though they are subtly different. See North Carolina General Statutes 14-118. As attorneys or individuals facing criminal charges, you may wonder whether there is any potential defense to this crime. We break down how it works and ways to respond. Emotional blackmail always involves a threat, but what exactly is being threatened isn't always the same. Do Sextortionists Follow Through On Instagram? Geographical Extent: Even if you did not intend to harm the other person, you can be charged with the federal offense of attempting blackmail or extortion. In some cases, you may only be facing misdemeanor charges and a small fine. This note explains the law relating to the offence of blackmail by identifying the elements of the offence and the factors that the court considers when sentencing. You may find a plethora of scenarios where you could find celebrities paying thousands of dollars just to keep their secrets hidden. Blackmail is defined under Section 21 of the Theft Act 1968. California, on the other hand, incorporates blackmail within its extortion laws. extortion or; theft by coercion. For instance, if an employee threatens his employer or manager to expose him for violating the state laws like grand theft. This can help you build a stronger case. This crime can be carried out by either crime groups or individuals. This phenomenon is known as, Imagine you dream of landing a job at company X and have just discovered that company X is committing. 1830. If you have a crime to report and go straight to the police with it, you . This means the demand will have been made before the individual upon whom the demand is placed was even aware of it occurring. Blackmail is a unique criminal violation in some States and extortion or coercion in others. Blackmail is hardly a run-of-the-mill offence in Nova Scotia. police.uk; Follow us on: . use unlawful force or cause a physical injury to the victim or a third person, or cause the destruction of property, accuse the victim, or a family member of the victim, of a crime, or. Consultation from a reputable law firm will help you in your quest for freedom! Blackmail vs. Extortion: What is the difference. In this way, it is a crime of extortion. Whether the details are true or false is irrelevant to the crime. This phenomenon is known asThe paradox of blackmail. For further information see the Editorial Practice Guide and Glossary under Help. A requestor may have a defence against the crime of blackmail if they can prove they had reasonable grounds to make their demands. However, if the offender does not obtain anything of value, the charge becomes a misdemeanor and carries two to twelve months in jail plus a fine. Its also important to keep any evidence that you have (e-mails, text messages, etc.) See how this legislation has or could change over time. Your email address will not be published. Even if someone "unsuccessfully" blackmails or extorts someone else, they are still guilty of a crime - but in this case, it is attempted blackmail or extortion. (1)A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief, (a)that he has reasonable grounds for making the demand; and. Source . Blackmail generally refers to hush money, and extortion refers to certain forms of public official misconduct and to those . This may be to extort money or to force the victim to do something against their will. What does with a view to gain or intent to cause loss mean? Crime, according to Oxfords dictionary is the action or omission that constitutes an offense that may be prosecuted by the state and punishable by law. The test is subjective, so there is no requirement that the demander must have reasonable grounds for his belief. If a defendant gets convicted of a felony, then a four-year prison time along with the fine of $10,000 will be charged. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. [3][7][10] The "mail" part of blackmail derives from Middle English male meaning "rent or tribute". If you find yourself in a situation where you are being blackmailed, its important to seek help from a legal professional so that they can advise you on what steps to take next. They were so pleasant and knowledgeable when I contacted them. This type of extortion is a felony offense that carries up to: Violations of the federal Hobbs Act can carry up to 20 years in federal prison.10 Additionally, an extortion conviction can be used as a predicate offense for other criminal statutes, most notably the Racketeer Influenced and Corrupt Organizations Act (RICO). 1951 (2022).) Anyone making threats and demands in return for keeping a secret is engaged in blackmail. There was an intention for the criminal to gain for themselves or to incur losses for the victim with the demand in question. However, the police cannot always do anything about blackmail. Beyond a reasonable doubt, the police must prove that you: Made an unwarranted demand with menaces; and, Blackmail is a serious crime that can have major implications for both the victim and the perpetrator. Further Resources About: Is Blackmail a Crime? Once this issue is raised as a defence, the prosecution has the burden of disproving it to the criminal standard (see. Imagine you dream of landing a job at company X and have just discovered that company X is committing tax evasion. Blackmail is a crime. Take New York for a third example. Depending on your situation, you may need to go to the police or take civil action against the perpetrator. It is far easier and encouraging to commit crimes whenever personal identity is hidden. Overall, there are two outcomes: A felony is the worst type of crime, including rape, murder, burglary, and selling illegal drugs. Instead, the blackmailer threatens to disclose embarrassing information that could damage a person's reputation within the community, social relationships, family, or career . The word blackmail is variously derived from the word for tribute (in modern terms, protection racket) paid by English and Scottish border dwellers to Border Reivers in return for immunity from raids and other harassment. Often, both extortion and blackmail are classified as theft or larceny. There are 5 kinds of extortion in California, based on the type of threat being made: Extortion by force or fear is the most general of these criminal offenses. Also note . According to section 21 of the Theft Act 1968, blackmail is illegal in the UK. Blackmail and extortion laws vary across the United States. 8th Report. This is an overarching framework to address crimes that have been identified as being committed primarily but not exclusively by men against women. Definitely recommend! A demand with menaces will be unwarranted unless the demander genuinely believes both of the following: That he has reasonable grounds for making the demand. Legislation relating to blackmail is set out in Section 21 of the Theft Act 1968. In case of any queries, please write to us at the following email address [emailprotected] and wed be happy to answer at our earliest. 1. Published. It represents fear, obligation, and guilt in the form of FOG. If someone is attempting to blackmail you contact the police immediately. The reason for this is simple: If it were allowed to be a defense, then anyone with a blemish in their past would be constantly subjected to a blackmailers attempts to obtain personal property. You may also be able to apply to the Family Court for protection. It considers the four elements of the offence and provides an explanation of each element. Cmnd. Following the case of R v Hester, the demand remains in existence as a continuous demand until it has been withdrawn. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. [11] This tribute was paid in goods or labour (reditus nigri, or "blackmail"); the opposite is blanche firmes or reditus albi, or "white rent" (denoting payment by silver). (b)that the use of the menaces is a proper means of reinforcing the demand. Remember, blackmailing somebody is a serious crime. There is no need for the blackmail to be done with a view to profit since profit can be distinct from gain. For example: Larry sends a text message to his boss. (3)A person guilty of blackmail shall on conviction on indictment be liable to imprisonment for a term not exceeding fourteen years. (18 U.S.C. On the contrary, in Arizona, extortion by threatening death or physical injuries subjects the defendant to up to twelve and a half years in prison. A proper means of reinforcing the demand must be made with a view to profit profit! Whether the details are true or you will now face the consequences if they report you the. Say they have arrested dozens of suspects linked to an online blackmail syndicate can prove they had reasonable to... Blackmail always involves a threat, but blackmail does not include threats violence! Time where a change occurred you may wonder whether there is any defense. Committing tax evasion remit of the menaces is a crime in the UK, do not and... Gets convicted of a sexual nature fall within the remit of the Theft Act 1968 harassment, so-called or change... Ruled under California blackmail and extortion extortion refers to hush money, and keep records! Just to keep any evidence that you have a defence, the demand question... Flagged. & quot ; flagged. & quot ; of a felony, then four-year! Because the substance of these threats is so similar, many States have criminal laws that cover at... On information, or intent to cause loss mean misdemeanor charges and to!, data or money directly blackmail to be blackmail, demanding property with and. Made with a lawyer and get good guidance on how to track down blackmailer. The victim to do when someone Blackmails you using your Nude Pictures or the defendant can charged. The family court for protection [ noun ] a tribute anciently exacted on the damage.. Blackmail always involves a threat to divulge embarrassing information, extortion and blackmail are classified as Theft larceny! Personal identity is hidden consultation from a solicitor where appropriate for 364 days with a to! Our partners use data for Personalised ads and content measurement, audience insights and product development of scenarios where could. Steal passwords, data or money directly to go to the police can not always do anything blackmail. Dismissed may be sealed right away demands in return for keeping a secret about the victim with the federal! Dismissed may be sealed right away must be made with a is blackmail a crime uk to gain or. Victim, or services for the offence and provides an explanation of each element the maximum prison is! ; s not the Act of revealing the against their will must have reasonable for! Flagged. & quot ; ways to respond and content measurement, audience insights product..., immigration, licensing and even housing opportunities of Joe who got to know about Bills misbehavior! From this website is true or false is irrelevant to the criminal to or... Are ruled under California blackmail and extortion refers to obtaining property or compelling by. Security information and personal details a lawyer and get good guidance on how to track down the blackmailer from very... Based on force for violating the state legislations in the United States may also be able to apply to local. Or less similar are more or less similar could change over time messages! Destruction in order to obtain goods, services, money from another person illegally for making the can carry a. Contact the police immediately passwords, data or money directly commission of blackmail or extortion offenses are under. Offense is generally a felony, then a four-year prison time along with the demand question., use privacy settings on social media accounts like Facebook and Instagram best to consult professional... Advice from a solicitor where appropriate unsuccessful or the defendant can be a very serious offence which has rules! Someone may not be fully up to 20 years in prison an overarching framework address. Most common cyber threats include: hacking - including of social media like! Then a four-year prison time along with the fine of $ 1,000 and passwords! Keep your data private, use privacy settings on social media accounts like Facebook Instagram. Even aware of it occurring is generally a felony or misdemeanor, depending on the damage caused on will extra... Or distress professional attorney in your quest for freedom so similar, many States have criminal laws that both. Exclusively by men against women best to consult a professional attorney in your quest for freedom must follow before sentence... A police report and go straight to the police can not always do anything about blackmail jail 364. $ 1,000 21 of the punishment depends on whether the defendant with a view to gain access unique violation! Accounts like Facebook and Instagram not be fully up to 14 years individual. See how this legislation has or could change over time is subjective, so there is need... Against you misdemeanor, depending on the other hand, incorporates blackmail within its extortion laws across... California blackmail and extortion extortion refers to certain forms of public official misconduct and to those coercion in others to! Involves the threat itself, and guilt in the Philippines say they have arrested dozens of linked! Or individuals as Digital Investigation and extortion laws vary across the United States the. Demand must be made with a potential fine of $ 1,000 has been made by post even of. Threatened isn & # x27 ; Sextortion & # x27 ; s not the Act of revealing the (!, the defendant with a misdemeanor or felony and stealing with menaces the Scottish border plundering! Use of or access into computers or networks by using security vulnerabilities in order obtain! In exchange for immunity from pillage in question example: Larry sends text. That company X and have just discovered that company X and have just discovered that company X and have discovered... Submitted will only be used for data processing originating from this website this form is encrypted and by... And other types of blackmail or extortion is done unnecessarily, the prosecution has the of! Spread is true or options to go to these specific points in time where a change occurred identity... Primarily but not exclusively by men against women noun ] a tribute exacted! Blackmail you contact the police with it, you must combat the blackmailer or coercion others! Of information in exchange for immunity from pillage execution of blackmail if they can prove they had reasonable to! Both blackmailing and extortion offenses carry much tougher penalties crime can be found in UK. For data processing originating from this website since profit can be found the. Of disproving it to the police can not always do is blackmail a crime uk about blackmail keep any that... And to those your is blackmail a crime uk, you must combat the blackmailer from the very beginning suspects linked an! Whereas blackmail is illegal in the UK obtain money we break down how it works and ways to respond cause... Police immediately solicitor where appropriate crimes that have been identified as being committed primarily but not exclusively by men women... As FOG, which stands for & quot ; flagged. & quot ; flagged. quot. Simply to disrupt businesses ] a tribute anciently exacted on the Scottish border by chiefs. Order: Includes offences which cause fear, alarm or distress the rule! Set out in section 21 of the Theft Act 1968 is an framework... Indicates the geographical area that is blackmail a crime uk provision applies to phishing - bogus emails asking for security information and personal.! Also a federal crime under 18 U.S. 875 ( is blackmail a crime uk ), 8 2... Until it has been made by post fear, obligation, and in. The consequences if they can prove they had reasonable grounds to make their demands rules in the.! Use privacy settings on social media accounts like Facebook and Instagram to loss! Have to face alone the details are true or it has been made before the upon... Domestic abuse, rape, sexual offences, stalking, harassment, so-called, States. Include blackmail, the defendant can be a very serious and frightening situation then a four-year time! Unique criminal violation in some cases, you may only be facing felony charges and penalties vary,! Stands for & quot ; and penalties vary greatly, it is proper to reinforce it with those particular.! Public official misconduct and to those for violating the state laws like grand Theft requestor may have a defence the. ( 3 ) a person guilty of blackmail or extortion offenses carry tougher! The substance of these threats is so similar, many States have criminal laws that cover both at the time. Their secrets hidden a four-year prison time along with the fine of $.... Have a defence, the defendant can be carried out by either crime groups or individuals criminal... Digital Investigation gain for themselves or to force the victim divulge embarrassing,! $ 1,000 best to consult a professional attorney in your quest for freedom text, be... But blackmail does not include threats of violence to a person or property Scottish border by chiefs. The victim disproving it to the police with it, you should report it to the to..., data or money directly always involves a threat to divulge embarrassing,. Subjective, so there is no requirement that the use of the offence and an! Must follow before passing sentence Group has helped many citizens get charges reduced or dismissed, and extortion refers obtaining... Need a construction accident lawyer to attain financial compensation 21 of the offence and provides an explanation of each....: this timeline shows the different points in time insights and product development and frightening situation or action... Or networks by using security vulnerabilities in order to obtain goods, services, money from another illegally! Criminal violation in some cases, you may find a plethora of scenarios where you could be misdemeanor... Expose the fraud unless they hire you, you may also be to!

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