| It is sometimes difficult to follow the distinctions between bribery, extortion, abuse of public office, and a request for kickbacks. One basic distinction is that extortion typically involves the threat of force while bribery is an exertion of economic rather than physical force. While most of these crimes are covered more explicitly in other sections, there is a narrow class of categories where a government employee attempts to use the power or pretense of a government office to extort money from an individual. In this fact scenario, 18 U.S.C. § 872, Extortion by officers or employees of the United States, applies:
Whoever, being an officer, or employee of the United States or any department or agency thereof, or representing himself to be or assuming to act as such, under color or pretense of office or employment commits or attempts an act of extortion, shall be fined under this title or imprisoned not more than three years, or both; but if the amount so extorted or demanded does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.
Similarly, 18 U.S.C. § 874 addresses situations in which extortion is used in conjunction with public works project:
Kickbacks from public works employees
Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined under this title or imprisoned not more than five years, or both.
Compare the language in this statute to the broad provisions of 18 U.S.C. § 203, Compensation to Members of Congress, officers, and others in matters affecting the Government.
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