【Attempted Extortion】Successfully Obtained a Non-Prosecution Decision for a Client Arrested on Suspicion of Attempted Extortion After Requesting Repayment of Money Lent to Another

Even when exercising a legitimate legal right, the manner in which that right is exercised may, if excessive, give rise to criminal liability. In this case, our client was arrested on suspicion of attempted extortion merely for demanding that the borrower repay money that had long remained unpaid.

From the outset, our client consistently denied the allegations. Although some suggested that a settlement should be reached, our client believed it was unreasonable to pay compensation to the very person who had failed to repay the money that had been borrowed. Accordingly, no settlement negotiations were pursued. Instead, our client exercised the right to remain silent throughout the police interrogations. Although the client was re-arrested on several occasions in connection with additional allegations, every case ultimately resulted in a decision not to prosecute.

Investigative authorities may sometimes use a relatively minor incident as a starting point to broaden their investigation into alleged additional offenses. In such circumstances, exercising the right to remain silent—or, where legally appropriate, refusing to participate in police questioning altogether—can be one of the strongest means of protecting a suspect's legal rights. It is important to understand that cooperating with investigators does not necessarily lead to the most favorable outcome for the suspect. Careful legal advice at the earliest stage of an investigation is therefore essential.