Nature of the Case
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Facts
Elmhirst hired D to work as a bookkeeper for his company. Elmhirst's lawyer became suspicious that D might be embezzling money from the company. They found 22 checks made out to D, and ostensibly signed by Elmhirst. The checks totaled $246,000. All the reference lines on the checks bore the notation, 'Loan.' Elmhirst knew nothing about the checks and had not authorized any of the so-called 'loans.' Authorities were contacted, and D's accounts were frozen. D wrote Elmhirst a long, conciliatory letter, admitting that he had taken the money but explaining that he had invested it in gold coins, mortgages, and notes that (in his opinion) were sound investments for Elmhirst. D's defense was he had taken it upon himself to make investments for Elmhirst that would be to Elmhirst's benefit. He promised to assign the notes and mortgages to Elmhirst. He offered his resignation and attached a check for $93,496.20. Elmhirst, filed a civil action for conversion against D. D brought his own civil action for 'return of property' against Elmhirst and Fay. The court consolidated the civil cases. They entered into a settlement agreement. In December of 1986, D moved to set aside the settlement agreement. D was prosecuted on felony theft charges. D was convicted on 15 counts. About six weeks later, he was sentenced to 10 years' incarceration, all but 18 months suspended, in favor of three years' supervised probation. D stepped up his letter-writing campaign. D finished serving his sentence in the felony theft case in February of 1988. D was then convicted in a California federal court of issuing threats against the President of the United States. D was released from prison and began his three-year period of supervised probation. On December 22, 2004, D sent a letter to Elmhirst, the first since 1988. D accused him of stealing about $22,000 from him. Twenty years at 9% compounded interest makes the current amount due $123,297.04. D offered to settle for $100,000 even. In a diatribe, D threatened to make Elmhirst’s life miserable and to sue him or even his heirs. D wrote another letter rife with vulgarities to Elmhirst. A also appeared, unannounced, at Fay's law office in Montgomery County. Fay's secretary called 911, and the receptionist also activated a silent alarm under her desk. Fay greeted D and said he would speak to him in a moment. D agreed. The police arrived and arrested D on an outstanding warrant. D was indicted on eight counts of extortion. D was convicted on two counts and appealed.
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