Jeff Bezos is riding high after refusing to cave to a tabloid shakedown. American Media Inc., publisher of the National Enquirer, faces renewed scrutiny and possible criminal prosecution for extortion after Bezos revealed that AMI lawyers sent emails threatening to publish compromising photographs of him in exchange for shutting down a Washington Post investigation of the tabloid. Bezos stood firm, choosing to go public with the contents of the photos himself and turn the tables on his antagonist. The bold move has made national headlines as a high-stakes episode in an ongoing Trump-versus-the media saga, but should alert lawyers and their clients to the dangers of demand letters that could be construed as extortionate.

According to recent reports, federal prosecutors have renewed their attention on AMI for its potentially criminally extortionate conduct. Federal law criminalizes extortion under 18 U.S.C. §875(d). While there is no civil counterpart to this statute under federal law, some states, including California, do recognize a cause of action for civil extortion. As a result, lawyers and their clients face potential civil liability for extortionate statements in demand letters.