Here’s another bogus claim that The Dread Pro-Se Kimberlin makes in the second amended complaint of his Kimberlin v. The Universe, et al. RICO Madness.He goes on to assert that one or more of the defendants tried to get him fired from his job at Justice Through Music Project through some sort of extortion scheme, and he alleges that’s a violation of 18 U.S.C. § 1951, the federal extortion law and a predicate act for RICO.
Pretend for a moment that one of the defendants did try to get him fired. So what?
He has no such “property interest” under § 1951. That law defines extortion as “the obtaining of property from another, with his consent, induced by wrongful use of actual force, violence, or fear, or under color of official right.” The Supreme Court has ruled that to be “property” under that statute, the thing obtained must be something tangible, something that one could “exercise, transfer or sell.” Scheidler v. National Organization for Women, Inc., 537 U.S. 393, 405 (2003). Because TDPK fails to explain what thing any of the defendants could have acquired as result of his being discharged, seeking to have him fired cannot be construed as extortion.