State v. Harrington
Vermont Supreme Court
260 A.2d 692 (1969)
Attorney John Harrington (defendant), representing Norma Morin in her divorce, arranged for a woman to entice Norma's husband Armand into an affair, then had associates photograph and tape-record the encounter. Harrington sent Armand a letter proposing a $175,000 settlement in exchange for Norma's waiver of alimony and assets, warning that if Armand refused, the recordings and photos would be used at trial and Harrington might also report Armand's other illegal conduct to federal agencies for informer fees. Harrington was convicted under Vermont's blackmail statute and appealed, arguing he acted merely as an attorney securing favorable divorce terms.
Whether, if made with intent to extort payment, a demand for settlement of a civil action, accompanied by a malicious threat to expose a wrongdoer's criminal conduct against his will, constitutes blackmail.