United States v. Jackson

Facts

Bill Cosby Jr. (the infamous actor) had a brief extramarital affair with Shawn Thompson. After Jackson was born in 1974, Thompson told Cosby that he was the father. Cosby disputed that assertion. Cosby provided Thompson with substantial sums of money, provided her with a car, and paid for her admission to substance-abuse treatment programs. Thompson repeatedly telephoned him saying that she needed money, and in the course of the conversations she would usually reiterate her claim that Cosby was Jackson's father and state that she did not want to embarrass Cosby's wife. Cosby gave Thompson a total of more than $100,000, typically having traveler's checks or cashier's checks issued in the name of an employee rather than his own name. Cosby established a trust fund for Thompson. Thompson got $750 a week for as long as Cosby chose to fund the trust. Thompson received approximately $100,000 in payments from this fund from mid-1994 until the fund was exhausted, and not replenished, in early 1997. Growing up, Jackson was told so long as they didn't tell anyone about the fact that Cosby was her biological father, that Cosby would take care of her mother and her. Cosby had offered to pay for the education of Jackson and Thompson's other two children. Cosby created a trust to pay for Jackson's college tuition and certain personal expenses such as food, rent, utilities, and medical costs while Jackson was attending college. In April 1995, the trust learned that Jackson had dropped out of college, and the trust ceased making payments. Jackson and her then-fiancé Antonay Williams worked for a production company headed by Medina. The company operated out of a hotel suite, was attempting to produce a children's television show. Jackson, Williams, and Sabas had acting roles in the show; along with cooperating witness Placido Macaraeg, they also had administrative positions. Jackson worked without pay but expected to receive a commission when the television show was sold. In December 1996, Jackson called Cosby using the name 'Autumn Cosby,' seeking a loan of $2100. Cosby initially refused but called her back and offered $3,000. Cosby directed his attorneys to tell Jackson that he would pay for her education and related expenses if she returned to school. An agreement was sent, but Jackson refused to sign it but still requested money. Jackson made a series of calls to business associates of Cosby, threatening to publicize her claim to be his daughter and thereby harm his reputation. After calls to Kodak and CBS Jackson said that if she did not receive money from Cosby, she would have to go to the news media. Jackson and Medina discussed ways to intensify the pressure on Cosby and his corporate sponsors in front of everyone at Medina’s business.  Letters were sent to the President and Vice President of the United States, the Governor of California, the Mayor of New York City, CBS, Eastman Kodak, Philip Morris Company, which was another Cosby sponsor, two publishing companies that had published Cosby's books, and many other companies. Medina explained that the paragraph would affect Cosby's sponsors, 'put pressure on Bill Cosby,' and 'help Autumn out.' The letters failed to produce the desired results. Ds then contacted The Globe tabloid newspaper. The agreed purchase the rights to Jackson's story of her relationship to Cosby for $25,000. The agreement with The Globe was never signed. Jackson faxed a copy of the agreement, after obliterating the $25,000 price, to Schmitt. Jackson also faxed,  'I need monies, and I need monies now.' Jackson and Schmitt had a conversation where Jackson asked or $40 million. At the direction of the FBI agents, Schmitt telephoned Jackson for the purpose of allowing the agents to hear and record her demands. In that conversation, Schmitt told Jackson that Cosby had changed his mind and now wanted to come to an arrangement with her. Schmitt asked Jackson how much money she needed, saying her $40 million demand was unreasonable. Schmitt and Jackson negotiated and eventually arrived at the figure of $ 24 million. After they signed the agreement which stated that Jackson and Medina would 'refrain from providing any information whatsoever about Mr. Cosby to any third party,' would 'terminate any and all discussion with . . . The Globe,' and would 'not initiate any further discussions with The Globe or any other media outlet, with respect to Ms. Jackson's story that she is the daughter of Mr. Cosby,' Ds were arrested by the FBI. Jackson and Medina were convicted on all three counts of threatening to harm another’s reputation with the intent to extort money.  Ds appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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