criminal-law settlement
Is it legal to charge for compensation instead of reporting a crime against my company?
<p>Suppose that it came to my attention someone had stolen from my company, or committed some other crime that only hurts my company. Is it legal for me to send a letter asking for compensation in return of not suing nor pressing charges?</p>

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<p>Is it legal for me to send a letter asking for compensation in return of not suing nor pressing charges?</p>
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<p>Yes, provided that by <em>compensation</em> you mean the equivalent (or close thereto) of what he stole. Your mention that <a href="https://law.stackexchange.com/questions/57021/is-it-legal-to-charge-for-compensation-instead-of-reporting-a-crime-against-my-c#comment115746_57021">the letter is on behalf of the company</a> is crucial.</p>
<p>Although definitions of <em>extortion</em> make reference to &quot;<em>[acting] under color of office</em>&quot;, <a href="https://www.leagle.com/decision/infco20190219069" rel="nofollow noreferrer"><em>U.S. v. Harris</em>, 916 F.3d 948, 955-956 (2019)</a> notes that states as well as Congress adopted an extended definition so as to include [extortion <em>by</em>] private individuals.</p>
<p>One incurs extortion also when seeking to obtain <em>more than is due</em>. See, for instance <a href="http://heimatundrecht.de/sites/default/files/dokumente/Black%27sLaw4th.pdf" rel="nofollow noreferrer">Black's Law Dictionary (4th edition)</a> just prior to the entry for &quot;<em>Extortion</em>&quot;. Thus, a surcharge on administrative grounds would be reasonable, but the company ought to ensure that the surcharge does not land it in the &quot;<em>more than is due</em>&quot; zone. The same applies in the event that stealing the property caused provable losses. See also <em>conversion</em>.</p>
