Bill O'Reilly Sexual Harassment and Extortion Cases

On October 13, 2004, Bill O'Reilly and Fox News filed a lawsuit claiming that an employee, Andrea Mackris and her attorney Benedict Morelli, were trying to export $60 million dollars to keep quiet about a sexual harassment claim. Later that date the sexual harassment lawsuit was, not surprisingly, filed.

Based on the allegations in the sexual harassment complaint it appears that Ms. Mackris recorded Mr. O'Reilly's phone calls (instead of hanging up the phone).

The laws of the states differ as to whether it is permissible to record a telephone call. New York Penal Statute 250.00 allows telephone calls to be recorded in New York so long as the person making the recording was a person who made the phone call or received the phone call:

(1) "Wiretapping" means the intentional overhearing or recording of a telephonic or telegraphic communication by a person other than a sender or receiver thereof, without the consent of either the sender or receiver, by means of any instrument, device or equipment.

(2) "Mechanical overhearing of a conversation" means the intentional overhearing or recording of a conversation or discussion, without the consent of at least one party thereto, by a person not present thereat, by means of any instrument, device or equipment.

(6) "Intercepting or accessing of an electronic communication" and "intentionally intercepted or accessed" mean the intentional acquiring, receiving, collecting, overhearing, or recording of an electronic communication, without the consent of the sender or intended receiver thereof....

Bill O'Reilly Extortion Lawsuit

Andrea Mackris Sexual Harassment Lawsuit