Sekhar v. United States (570 U.S. 729)
U.S. Supreme Court · decided June 26, 2013 · Supreme Court Database (Spaeth)
- Citation
- 570 U.S. 729 · 133 S. Ct. 2720
- Decided
- June 26, 2013
- Term
- October Term 2012
- Vote
- 9–0
- Majority author
- Justice Scalia
- Issue area
- Criminal Procedure
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice SCALIA delivered the opinion of the Court. We consider whether attempting to compel a person to recommend that his employer approve an investment constitutes "the obtaining of property from another" under 18 U.S.C. § 1951(b)(2). I New York's Common Retirement Fund is an employee pension fund for the State of New York and its local governments. As sole trustee of the Fund, the State Comptroller chooses Fund investments. When the Comptroller decides to approve an investment he issues a "Commitment." A Commitment, however, does not actually bind the Fund. For that to happen, the Fund and the recipient of the investment must enter into a limited partnership agreement. 683 F.3d 436, 438 (C.A.2 2012). Petitioner Giridhar Sekhar was a managing partner of FA Technology Ventures. In October 2009, the Comptroller's office was considering whether to invest in a fund managed by that firm. The office's general counsel made a written recommendation to the Comptroller not to invest in the fund, after learning that the Office of the New York Attorney General was investigating another fund managed by the firm. The Comptroller decided not to issue a Commitment and notified a partner of FA Technology Ventures. That partner had previously heard rumors that the general counsel was having an extramarital affair. The general counsel then received a series of anonymous e-mails demanding that…
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