Job Applicant is Convicted of Extortion after Submitting His Resume with a Demand Letter (PC 523)

In a difficult job market, some people are willing to go to great lengths in order to secure a job. For one job seeker, his attempts to threaten an employer with vandalism if the employer refused to hire him led to his conviction for extortion.

Timothy Fisher’s Job Application

Timothy Fisher was an ex-convict who was looking for a job. He was on parole for a vandalism conviction for sanding paint off of a car.

In September 2011, Fisher applied for a job with a towing company. He told the owner of the towing company that he wanted to apply for a mechanic or shop hand position. The owner responded by telling Fisher that he would keep Fisher’s application on file and notify him if a job becomes available.

Not satisfied with the owner’s response, Fisher left the owner of the towing company a letter. The letter started off in a friendly manner. Fisher thanked the owner for considering him for the position. Then, Fisher reminded the owner that he had been convicted of vandalism and had a difficult time finding a job. Fisher said that the owner does not need to waste time with the standard, “Thank you for applying …. We’ll keep [your application] on-file and notify you should anything develop.”

Fisher’s letter then began to take a more aggressive tone. He stated that “I intend to visit your office today at five o’clock p.m. in order to determine whether or not I am employed by your company.” He then threatened, “if not however, I will be armed with a piece of eighty-grit sandpaper that we both know I will not hesitate to use. I know how detrimental it would be to your business if the paint on a customer’s vehicle were to be abraded during this endeavor; and would like to avoid this at all costs.” Fisher then stated that if the owner of the towing company told Fisher’s parole agent about the extortion attempt, then it would result in another situation that the owner would like to avoid.

The owner of the towing company alerted Fisher’s parole agent about the letter and Fisher was subsequently arrested for extortion.

Fisher’s Trial

At the trial, Fisher said he handed the letter to the owner of the towing company as a last resort, but did not intend that the letter be taken at face value. Fisher stated that he thought it would be humorous to tell the owner of the towing company that he was extorting a job from him. Furthermore, he told the court that he thought the situation was entirely blown out of proportion.

The trial court convicted Fisher of extortion and he appealed. At the appeal, Fisher claimed that there was not enough evidence to support an extortion conviction because his demand for a job was not the same as a demand for money or property. The court concluded that Fisher’s demand was a demand for property because relevant case law leads to the conclusion that a job would be considered property within the meaning of the extortion statute. (Penal Code  523) Also, Fisher’s demand that he be employed or that the owner face vandalism shows sufficient evidence to convict Fisher of extortion.

The Lesson to Learn from Fisher’s Case

Although you may have difficulty finding a job, a threat for a job may lead to a criminal conviction. If you were to threaten a prospective employer with vandalism or any other crime if they did not hire you, you could be facing the same fate as Fisher.

Extortion is a felony that is punishable by up to four years in county jail, a $10,000 fine, or both fine and imprisonment.

Extortion Defense Attorney

If you or a loved one has been accused of extortion, you need to contact the Law Offices of Wallin & Klarich immediately. For over 40 years, our defense attorneys have been successfully helping clients defend themselves against charges of extortion. We have the skill and knowledge that is required to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.