In a Courier-Journal article published Saturday April 25, 2009, it was reported that and attorney, while representing Karen Sypher in her attempt to obtain money from University of Louisville Basketball coach Rick Pitino, had signed a letter to Coach Pitino which presented Sypher’s demand for some $10 million dollars in cash and property (two new cars).
“The attorney is identified as Sypher’s lawyer in her pending divorce, listed in state court papers as Dana Kolter. (Kolter)…declined to comment as did his lawyer, Rob Eggert, who wouldn’t say if he expects his client to be charged.” The criminal complaint filed against Karen Sypher said a lawyer for ‘Sypher later demanded $10 million for her in exchange for her silence on allegations of “a criminal nature” that are not revealed by the government in court papers.” Courier-Journal.
An attorney who participates in a crime, can be charged as an accessory to the crime, and could be charged with a violation of the Code of Professional Conduct.
The following state charges would appear to provide serious consequences for anyone who participated or assisted in an extortion attempt.
At this time only federal charges have been filed against Karen Sypher.
KRS 514.080 Theft by extortion.
(1) A person is guilty of theft by extortion when he intentionally obtains property of another by threatening to:
(a) Inflict bodily injury on anyone or commit any other criminal offense; or
(b) Accuse anyone of a criminal offense; or
(c) Expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair his credit or business repute; or
(d) Use wrongfully his position as a public officer or servant or employee by performing some act within or related to his official duties, either expressed or implied, or by refusing or omitting to perform an official duty, either expressed or implied, in a manner affecting some person adversely; or
(e) Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or
(f) Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense.
(2) It is a defense to prosecution based on subsection (1)(b), (c), or (d) that the property obtained by threat of accusation, exposure, lawsuit, or other invocation of official action was claimed as restitution or indemnification for harm done in the circumstances to which accusation, exposure, lawsuit, or other official action relates, or as compensation for property or lawful services.
(3) Theft by extortion is a Class A misdemeanor unless the value of the property obtained is three hundred dollars ($300) or more, in which case it is a Class D felony.
Effective: July 14, 1992
519.030 Compounding a crime.
(1) A person is guilty of compounding a crime when:
(a) He solicits, accepts or agrees to accept any benefit upon an agreement or understanding that he will refrain from initiating a prosecution for a crime; or
(b) He confers, offers, or agrees to confer any benefit upon another person upon agreement or understanding that such other person will refrain from initiating a prosecution for a crime.
(2) In any prosecution under this section, it is a defense that the benefit did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the offense.
(3) Compounding a crime is a Class A misdemeanor.
KRS 506.080 Criminal facilitation.
(1) A person is guilty of criminal facilitation when, acting with knowledge that another person is committing or intends to commit a crime, he engages in conduct which knowingly provides such person with means or opportunity for the commission of the crime and which in fact aids such person to commit the crime.
(2) Criminal facilitation is a:
(a) Class D felony when the crime facilitated is a Class A or Class B felony or capital offense;
(b) Class A misdemeanor when the crime facilitated is a Class C or Class D felony;
(c) Class B misdemeanor when the crime facilitated is a misdemeanor.
(1) A person is guilty of criminal attempt to commit a crime when, acting with the kind of culpability otherwise required for commission of the crime, he:
(a) Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be; or
(b) Intentionally does or omits to do anything which, under the circumstances as he believes them to be, is a substantial step in a course of conduct planned to culminate in his commission of the crime.
(2) Conduct shall not be held to constitute a substantial step under subsection (1)(b) unless it is an act or omission which leaves no reasonable doubt as to the defendant’s intention to commit the crime which he is charged with attempting.
(3) A person is guilty of criminal attempt to commit a crime when he engages in conduct intended to aid another person to commit that crime, although the crime is not committed or attempted by the other person, provided that his conduct would establish complicity under KRS 502.020 if the crime were committed by the other person.
(4) A criminal attempt is a:
(a) Class C felony when the crime attempted is a violation of KRS 521.020 or 521.050;
(b) Class B felony when the crime attempted is a Class A felony or capital offense;
(c) Class C felony when the crime attempted is a Class B felony;
(d) Class A misdemeanor when the crime attempted is a Class C or D felony;
(e) Class B misdemeanor when the crime attempted is a misdemeanor.