Defendant Allegedly Stated “Pay Me Or I Will Kill the Contract” …

Defendant Allegedly Stated “Pay Me Or I Will Kill the Contract”

OAKLAND – LAWFUEL – Legal News & Legal Jobs – United States Attorney Kevin V. Ryan announced that Maurice Himy, 59, of San Raphael, was arrested yesterday afternoon by the FBI on a complaint charging interference of commerce by threats or violence. The complaint alleges that Himy was involved in extortion and public corruption involving the awarding of a City of Oakland contract to provide auctioneering services for city-owned vehicles and surplus property. The complaint alleges numerous discussions between Himy, a cooperating witness, and an Oakland city official (named only as City Official A) involving the payment of thousands of dollars to Himy in return for help in obtaining the auctioneering city contract that was eventually approved for the cooperating witness. This arrest is the result of a 17 month investigation by the FBI.

According to the complaint, discussions began in September 2004 between the cooperating witness and Himy about the Oakland auctioneering contract. Himy allegedly provided terms of a contract between the witness and Himy, in which Himy would receive 8% of the commissions generated by the auctioneering contract in return for assistance in obtaining the auctioneering contract. According to the complaint, Himy said “pay me or I will kill the contract.”

According to the complaint, Himy repeatedly demanded money from the cooperating witness, at one point, demanding $65,000, in return for help in obtaining the auctioneering contract. On February 2006, the witness received notification that his application for the auctioneering contract had been approved.

Himy was the owner of Spaccio, a men’s clothing store located at 140 Frank Ogawa Plaza, Oakland, that closed in March 2006.

Himy was arrested yesterday afternoon in Oakland and made his initial appearance this morning before Magistrate Judge Brazil and was released on his own recognizance conditioned upon turning in his passport to the U.S. Marshal Service. The defendant’s next scheduled appearance is on September 21, 2006, at 10:00 a.m. before Magistrate Judge Brazil for identification of counsel.

The maximum statutory penalty for each count of interfering with commerce by threats or violence, in violation of 18 U.S.C. Section 1951 is 20 years and a fine of $250,000, and three years of supervised release. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

A complaint contains only allegations against an individual and, as with all defendants, Mr. Himy must be presumed innocent unless and until proven guilty.

Stephen Corrigan is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Katie Glynn.

Further Information:

A copy of this press release may be found on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.

Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.

Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.

All press inquiries to the U.S. Attorney’s Office should be directed to Luke Macaulay at (415) 436-6757 or by email at [email protected]

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