The organized labor exception to the state extortion statute encompasses only direct demands for assets in the form of traditional labor actions such as strikes and boycotts. Ejustem.
State crimes of extortion that are RICO predicates must involve transferable assets. (Not incorporeal.)
Wages and benefits sought for union members through extortion were transferable assets.
Given statute requiring actual participation or authorization on the part of union members in labor violence for culpability, insufficient evidence here.
Jury instruction focusing on victim's state of mind was appropriate, as the crime is instilling fear.
Sentence adjusted on remand for insufficient evidence.
http://www.ca2.uscourts.gov/decisions/isysquery/6f07b1d8-30cd-46b5-aca2-e0fc11936de5/1/doc/16-3329_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/6f07b1d8-30cd-46b5-aca2-e0fc11936de5/1/hilite/
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.