U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 42— EXTORTIONATE CREDIT TRANSACTIONS

18 U.S.C. § 894

Collection of extensions of credit by extortionate means

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(a) Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means(1) to collect or attempt to collect any extension of credit, or(2) to punish any person for the nonrepayment thereof,shall be fined under this title or imprisoned not more than 20 years, or both.(b) In any prosecution under this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means.(c) In any prosecution under this section, if evidence has been introduced tending to show the existence, at the time the extension of credit in question was made, of the circumstances described in section 892(b)(1) or the circumstances described in section 892(b)(2), and direct evidence of the actual belief of the debtor as to the creditor’s collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat, the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of the collection or attempt at collection.(Added Pub. L. 90–321, title II, § 202(a), May 29, 1968, 82 Stat. 161; amended Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)Editorial NotesAmendments

1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000” in concluding provisions.

Notes of Decisions
Cited in 330 cases (24 in the last 5 years), 1970–2026 · leading case: Damon Raines v. United States, 898 F.3d 680 (6th Cir. 2018).
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Damon Raines v. United States, 898 F.3d 680 (6th Cir. 2018). · cites it 14× “Specifically, Raines had a 1991 Michigan conviction for assault with intent to do great bodily harm less than murder, a 2002 federal conviction for distributing cocaine base, and a 2002 federal conviction for collecting credit by extortionate means, in violation of 18 U.S.C. §…”
United States v. Alex Wong, Roger Kwok, Chen I. Chung, Tung Tran, Danny Ngo, Brian Chan, Joseph Wang, Chiang T. Cheng, & Steven Ng, 40 F.3d 1347 (2d Cir. 1994). · cites it 10× “§§ 1959 (a)(1) and 2; one count of conspiracy to use extortionate means to collect a debt in violation of 18 U.S.C. § 894 ; one count of using extortionate means to collect a debt in violation of 18 U.”
United States v. Frank Joseph, 781 F.2d 549 (6th Cir. 1986). · cites it 12× “Frank Joseph appeals from his convictions for violation, of 18 U.S.C. §§ 894 , 1962(c), (d). For the reasons that follow, the convictions- pursuant to 18 U.”
United States v. John Scotti, United States of Am. v. Robert Rodriguez, 47 F.3d 1237 (2d Cir. 1995). · cites it 11× “§ 892 (a); conspiracy to use extortionate means to collect extensions of credit, 18 U.S.C. § 894 (a)(1); making extortionate extensions of credit, 18 U.”
United States v. Lombardozzi, 491 F.3d 61 (2d Cir. 2007). · cites it 5× “§ 892 ; Count 9 charged him with conspiring to use extortionate means to collect on an extension of credit in violation of 18 U.S.C. § 894 ; and Count 10 charged him with using extortionate means to collect on an extension of credit in violation of 18 U.”
United States v. Michael S. Polizzi, United States of Am. v. Joseph E. Matranga, 801 F.2d 1543 (9th Cir. 1986). · cites it 7× “Matranga (“Matranga”) appeal their convictions for conspiracy to collect and the collection of extensions of credit by extortionate means under 18 U.S.C. § 894 (1982) and travel in aid of racketeering under 18 U.”
United States v. Gale Nace & Nathan J. Warren, Sr., United States of Am. v. Ned Warren, Sr., & Gale Nace, 561 F.2d 763 (9th Cir. 1977). · cites it 8× “, appeal their convictions under 18 U.S.C. § 894 for using extortionate means to collect an extension of credit.”
United States v. Angelo Pepe & Thomas Miglionico, United States of Am. v. Albert Joseph Facchiano, Francis Santo, Paul Santo, 747 F.2d 632 (11th Cir. 1984). · cites it 5× “Count six charged Francis Santo with violating 18 U.S.C. § 894 (1982), by using extortionate means to collect credit from Rafsky on October 23, 1975, the day before the Calder Race Track assault.”
United States v. Benny Smith, Also Known as Bennie, 198 F.3d 377 (2d Cir. 1999). · cites it 6× “See 18 U.S.C. § 894 (a) (statutory definition of collection of extensions of credit by extortionate means).”
United States v. Russell Bufalino, Michael Sparber, & Herbert Jacobs, 576 F.2d 446 (2d Cir. 1978). · cites it 6× “FEINBERG, Circuit Judge: Russell Bufalino, Michael Sparber and Herbert Jacobs appeal from their convictions for using extortionate means to collect extensions of credit and conspiracy to commit that crime in violation of 18 U.S.C. § 894 , following a jury trial before Judge…”
United States v. Anthony Disalvo, in No. 93-1442. United States of Am. v. Robert F. Simone, in No. 93-1463, 34 F.3d 1204 (3rd Cir. 1994). · cites it 6× “§ 1951 ; (4) attempted interference with commerce by extortion; (5) conspiracy to collect extensions of credit by extortionate means, 18 U.S.C. §§ 894 , 892; and (6) collection of extension of credit by extortionate means, 18 U.”
United States v. Steven Chen & Gong Chai Sun, 378 F.3d 151 (2d Cir. 2004). · cites it 5× “In January 2002, a grand jury returned an indictment against Chen and Sun, charging them each with one count of conspiracy to use extortionate means to collect and attempt to collect extensions of credit, 1 in violation of 18 U.S.C. § 894 (a), and two counts of using…”
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— 18 U.S.C. § 894(a) — 1 case
United States v. Shifman, 124 F.3d 31 (1st Cir. 1997).
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