Extortion of government recommendations
Sekhar v. United States
In brief
The Supreme Court overturned the Second Circuit’s ruling: trying to force an employee to recommend an investment is not obtaining property under the Hobbs Act.
- Where it stands
- Decided
Decided 9-0 · June 26, 2013 · Opinion by Justice Scalia
- What it’s about
- Giridhar Sekhar was accused of trying to force the New York State Comptroller’s General Counsel to recommend an investment in an FA Technology Ventures fund.
- Who it affects
- The decision means an attempt to force an employee to recommend an investment does not meet the Hobbs Act’s requirement that the accused obtain property from another.
Summary: written with AI from the case record.
What it's about
The Supreme Court overturned the Second Circuit’s ruling, deciding that trying to compel an employee to make such a recommendation is not obtaining property under the federal extortion law known as the Hobbs Act.
Sekhar was accused of trying to get the New York State Comptroller’s General Counsel to recommend an investment in an FA Technology Ventures fund.
The Hobbs Act makes extortion a federal crime when someone obtains property through wrongful force, fear, or official power.
Question presented
Is the "recommendation" of an attorney, who is a salaried employee of a governmental agency, intangible property that can be the subject of an extortion attempt under the Hobbs Act?
What the Court decided
Holding
Attempting to compel a person to recommend that his employer approve an investment does not constitute “the obtaining of property from another” under the Hobbs Act. 683 F. 3d 436, reversed.
- Result
- Reversed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Wrote an opinion
What's next
The ruling resolves the Hobbs Act question raised in Sekhar’s case; the record does not specify what further proceedings, if any, followed.
Documents
Opinions
Audio
Docket activity
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AI analysis generated: Case Briefing
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Opinion added: Sekhar
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.