C.J Mahaney and Crime of Blackmail?

Did C.J. Mahaney commit a crime of blackmail?  The Detwiler records suggest he has.  That discussion is occuring opening and widely at SGM.  "Unassimilated" is an interlocutor on SGM. We post our thoughts below on the criminal nature of the event.

http://www.sgmsurvivors.com/?p=2532#comments

@Unassimilated #59.

You said:
"Unassimilated
 July 19th, 2011 at 2:56 pm
Sidney –
Blackmail = trading chip
Wow, just wow."
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Doing some checking on "black mail" as "statutory extortion."  I post an Iowan, North Carolinian, and MOST IMPORTANTY, a Federal Statute.  Blackmail is a crime with possible fines and imprisonment.  Minimally, with a conviction, probation and go "pee" in a cup for a probation officer periodically.  What's under review with Mr. Mahaney is most serious.

The guru of criminal law, Professor Rollin Perkins, defines it as: "(1) the extraction of money or other value by means of an unlawful threat, or (2) an unlawful threat made for that purpose."  R. Perkins and R. Boyce, Criminal Law (Mineola, NY: The Foundation Press, 1982), pg.448.

In this instance, Mr. Mahaney's "sought value" was the removal of Mr. Thomczac (sp?).  Mr. Mahaney and his fellow conferees (ministers) on the telephone wanted Mr. Thomczac gone.

The unlawful threat, at least morally and biblically speaking, if not legally, was to expose a penitent's confession, namely, the confession of Mr. Tomczac's teenager son. Undoubtedly and presumptively, the Thomczac family valued the safety, emotional protection, and nurturance of their son the confessor. That appears to be written in the law of nature, to wit, care for our offspring. That safety and the family's name were assets to Mr. and Mrs. Thomczac.  Mr. Mahaney threatened to divulge the sexual nature of the teen's confession if Mr. Thomczac failed to step down.  (There are phone recordings of the group conference on the phone according to Mr. Detwiler.  Also, the record shows that SGM had legal counsel that warned Mr. Mahaney about proceeding further.  The blackmail may have been thwarted, but the words had been uttered, assumably, bring fear, anxiety and hurt to the Thomczac family.)

The "extorsive threat" may include in each category "any relative or member of his/her family." such as: (1) unlawful injury to the person or property, (2) accuation of a crime, (3) imputation of some deformity or disgrace, or (4) exposure of any secret affecting him/her.

As far as Iowa statutes are concerned, blackmail is a crime.  It is a "class D felony." Iowa Criminal Code, Sections 711.4 (1978).  It is a class 1 misdemeanour in the NC statues. G.S.N.C. 14.118 that can be addressed by a fine and/or imprisonment.

Another source defines it this way: (http://criminal-law.freeadvice.com/criminal-law/white_collar_crimes/extortion_blackmail.htm)

"Definition of Blackmail

"Blackmail is when the offender threatens to reveal information about a victim or his family members that is potentially embarrassing, socially damaging, or incriminating unless a demand for money, property, or services is met. Even if the information is true or actually incriminating, you can still be charged with blackmail if you threaten to reveal it unless the victim meets your demand.
"Legal Consequences of Extortion and Blackmail

"Many states combine the crimes of extortion and blackmail under one general law. In California, for example, the applicable statute is known as the California Extortion and Blackmail Law. Under this law, anyone who threatens an individual with the use of force (extortion) or threatens to reveal damaging information about a person or his family members is guilty of a crime. Under California law, extortion or blackmail are graded as felonies and are punishable by up to four years in prison and a maximum fine of $10,000.

"In the end, if someone has threatened you, it does not matter if it is considered extortion or blackmail. What matters is that you get help from the police or your attorney as soon as possible because both extortion and blackmail are serious crimes."

Under the Federal Code, 18 U.S.C., Section 873, we read (http://law.justia.com/codes/us/title18/18usc873.html) and we quote, as per below.  Again, a fine and prison for up to one year is possible.

TITLE 18--CRIMES AND CRIMINAL PROCEDURE

                             PART I--CRIMES

                    CHAPTER 41--EXTORTION AND THREATS

Sec. 873. Blackmail

    Whoever, under a threat of informing, or as a consideration for not
informing, against any violation of any law of the United States,
demands or receives any money or other valuable thing, shall be fined
under this title or imprisoned not more than one year, or both.

(June 25, 1948, ch. 645, 62 Stat. 740; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)

                      Historical and Revision Notes
    Based upon title 18, U.S.C., 1940 ed., Sec. 250 (Mar. 4, 1909, ch.
321, Sec. 145, 35 Stat. 1114). Only minor changes were made in phraseology