Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

MASSACHUSETTS STATE TROOPER FACES CRIMINAL CHARGES FOR ALLEGED EXTORTION AND THREATS

John Analetto, 48, of Belmont is another gentleman who’s New Year’s weekend did not go terribly well. On Saturday, the 19-year- state police veteran bid his family adieu as he donned a new role in the criminal justice system.

He is hereinafter referred to as the “Defendant”.

Arrested on Saturday, the Defendant is being held in federal custody and is scheduled to face a probable cause hearing on Friday. He has been charged with extortion after allegedly threatening to kill a bookie and sexually assault his mother.

He is looking at a possible 20 year sentence if convicted.

The FBI says that the Defendant had loaned his bookie $24,000 last fall in return for a piece of the action. Apparently, there is an unfortunate audio recording from December wherein the Defendant warns the bookie (actually, and FBI informant), “Will I kill you? Ya, I’ll (expletive) kill you” when the Defendant faced not being paid back.

Last week, things got a bit more violent when the Defendant allegedly began head-butting and slapping the informant. An affidavit submitted by the prosecution also alleges that the informant was not the only target of the Defendant’s threats in that he had also left a message for a bettor, saying, “We’d appreciate if you contact the right people and start doing the right thing. Or 2012 isn’t going to be too good for you. … So Happy New Year to you and your mom and dad and family.”

The past two months have not been kind to the Massachusetts State Police and public corruption. For example, the Defendant now joins the ranks of a Captain who was arrested after leading Saugus officers on a chase down Route 1 and faces Massachusetts drunk driving charges and another Trooper who was found with an alleged prostitute.

Attorney Sam’s Take On Massachusetts Debt Collection And Remedies To Theft

With all the political debate about casinos, state lotteries and other types of betting in the Commonwealth, one might wonder when betting is illegal and when it is encouraged. However, you probably do not need an experienced Boston criminal lawyer to tell you that threatening to kill folks and sexually assault their mothers is generally frowned upon.

It is a threat to commit a crime…which is a crime in itself. Of course, head-butting and slapping are also crimes. They are called “assault and battery“.

Ordinarily, such antics will be prosecuted by the state. However, as the Defendant is a state trooper, and this was most likely part of a criminal investigation by the FBI into illegal gambling, the matter has been brought to Boston’s Federal District Court.

Of course, the circumstances of the alleged threats brings forth another crime. The crime of extortion. Namely, using force, or the threat of force, in order to collect money.

“But, Sam, what if I loan my brother-in-law money and he does not pay me back?”

Well, you can sue him if you like.

“Can I bring criminal charges against him for theft?”

Not usually, unless your brother-in-law got the funds by way of fraud or somehow without your permission.

“If he did actually steal the money from me, or took it by way of fraud, can I physically force him to pay me back?”

No. If you believe he committed a crime, you depend on the prosecution to get the money back or, again, you can bring a civil lawsuit against him.

“What if I tell him that if he does not pay me back by Monday I am going to split his head open?”

That might enable you to share a cell with the Defendant. Whether or not you are entitled to the money being paid back, you may not threaten the debtor with force or with a threat to commit a crime.

Yes, that would mean that splitting your brother-in-law’s head open is a crime.

In order to view the original article upon which today’s blog is based, please go to http://www.bostonherald.com/news/regional/view.bg?articleid=1393087

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