Given that the legislative history of the Federal Corrupt Practices Act (FCPA) makes clear Congress's intent that the statute not apply to cases of “true extortion” (see
Third Circuit Weighs in on the Extortion Defense to Bribery
In a recent decision in a domestic bribery case, the United States Court of Appeals for the Third Circuit, after canvassing the law relating to extortion as a defense to federal bribery charges, identified the principal reasons why extortion is so rarely raised, and even more rarely effective, as a defense.
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