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Tortious Interference

Author : Tal Hirshberg, Esq.



Tortious Interference is a civil claim concerning the wrongful disruption of business relationships or contracts in Washington D.C. While primarily a civil matter, such disruptive actions “if involving fraud, threats, or computer crimes” may also lead to concurrent criminal penalties under D.C. law. This article explores the legal distinction, essential elements, and potential consequences of a successful Tortious Interference claim.

contents


1. Tortious Interference Washington D.C. | Defining Wrongful Disruption


Tortious Interference occurs when a third party improperly and intentionally disrupts a valid business contract or a prospective business relationship. It is crucial to note that fair competition is not Tortious Interference; the conduct must be wrongful, such as involving fraud, coercion, or illegal activity. This wrongful conduct leads to civil liability for economic damages suffered by the victim's business.



Deceptive and Coercive Methods


In the context of Tortious Interference, deceit involves spreading false information or tricking individuals into actions that harm ongoing operations. For instance, fabricating negative reviews or impersonating a company official to redirect clients may be considered a deceptive interference method. Coercion, including intimidation tactics or threats to pressure a business owner, is also recognized as an improper means of committing Tortious Interference.



Essential Elements for a Claim


To successfully pursue a civil claim for Tortious Interference in Washington D.C., the following essential elements must generally be met:

  • Existence: A valid contract or reasonable business expectancy must exist.
  • Knowledge: The defendant must have been aware of that contract or expectancy.
  • Improper Action: The interference must be intentional and improper (unjustified), not merely fair competition.
  • Causation: The interference must have directly caused the loss of the contract or expected benefit.
  • Damages: The plaintiff must have suffered demonstrable pecuniary harm.

These elements distinguish legitimate market behavior from actionable Tortious Interference.



2. Tortious Interference Washington D.C. | Penalties and Civil Remedies


While the civil tort of Tortious Interference results in monetary compensation (damages) for the victim, the underlying wrongful actions used to interfere may trigger concurrent criminal charges under D.C. law. The severity of the penalty is determined by the method of interference and the resulting harm, leading to either civil liability, criminal sanctions, or both.



Potential Criminal Charges


When the act of Tortious Interference involves inherently criminal conduct (such as harassment or fraud), D.C. prosecutors may pursue the following charges:

Charge TypeDescriptionPenalty Range
Misdemeanor InterferenceMinor disruptions (e.g., verbal threats)Up to 180 days jail or $1,000 fine
Aggravated InterferenceUse of force or causing substantial financial harmUp to 5 years imprisonment or $25,000 fine
Computer InterferenceDisruptions via unauthorized access or false data input (D.C. Code § 22–3241)Up to 10 years imprisonment or higher fines

These criminal penalties can escalate if the offender has a history of similar offenses or was part of a coordinated effort, reflecting the D.C. court's strong stance against criminal acts that constitute Tortious Interference.



Sentencing and Damage Factors


In civil cases for Tortious Interference, aggravating factors may lead to higher punitive damages, while in criminal cases, they affect sentencing. Aggravating factors include: prior convictions for similar conduct, involvement of multiple victims, or use of organized effort (e.g., hired groups). Mitigating factors may lead to reduced sentences or lower damage awards and include: first-time offense with minor consequences, willingness to make restitution, or demonstrated remorse.



3. Tortious Interference Washington D.C. | Legal Response Strategy


If a business is facing or accused of Tortious Interference in Washington D.C., a swift and careful response is necessary. Early engagement of legal counsel is highly recommended to build a strong case whether seeking compensation or mounting a defense against the allegations of wrongful interference.



Steps for the Plaintiff


Victims of Tortious Interference should take immediate action to secure their case:

  • Document the Incident: Capture evidence through surveillance footage, saved communications, or employee testimonies.
  • Quantify the Damage: Gather records showing operational losses, such as reduced revenue, or customer complaints.
  • File a Complaint: Consult an attorney to initiate civil proceedings for damages based on the act of Tortious Interference.

In certain cases, parallel civil litigation for the tort may be appropriate alongside any criminal charges to recover financial losses.



Defense Strategies


Those accused of Tortious Interference should immediately consult a defense attorney and focus on undermining the plaintiff’s core elements. Defenses often center on proving that the conduct was legally justified (e.g., fair competition, protected advice) or that a required element, such as improper conduct or intent, is missing. This requires collecting counter-evidence to show lawful purpose, absence of harm, or lack of false statements.



4. Tortious Interference Washington D.C. | Scrutinized Case Examples


Certain acts of Tortious Interference are frequently scrutinized by Washington D.C. authorities and courts due to their growing prevalence in the modern commercial landscape. These specific scenarios highlight the breadth of conduct that can fall under D.C.'s civil and criminal statutes regarding this tort.



Specific Acts of Disruption


  • "No-Show Disruptions": Deliberately placing large orders or reservations with no intent to fulfill may lead to charges for Tortious Interference.
  • "Online Harassment": Targeted negative campaigns using falsehoods (e.g., fake reviews) fall under digital interference statutes and constitute improper means.
  • "Unauthorized System Access": Crashing digital systems or inserting fake commands is punishable under computer crime laws and is considered a highly damaging form of Tortious Interference.

The burden of proof remains with the plaintiff to prove the necessary elements of intent and improper method to secure a judgment for Tortious Interference.


17 Jul, 2025


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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