Bank Robbery Federal.

What is Section 2113(a)?

Section 2113(a) defines the federal crime of bank robbery. It states that it is unlawful to:

“take, with intent to take, or attempt to take,... by force, violence, or intimidation, or by extortion, any property or money in the care, custody, or control of a bank, savings and loan association, or credit union.”

What Banks Does Section 2113(a) Cover?

Section 2113(a) covers all “banks, savings and loan associations, and credit unions.” It does not apply to:

• Currency exchanges
• ATM kiosks (unless they are associated with a bank)
• Other similar institutions

The statute is broad. It includes not only federally insured banks, but also state-chartered and privately owned ones.

Is Federal Insurance Required to Charge a Bank Robbery Under Section 2113(a)?

Federal insurance is not required in every case; § 2113(f) also covers Federal Reserve member banks and banks organized or operating under U.S. laws. The target institution must satisfy one of § 2113(f)'s statutory definitions of a “bank”; federal deposit insurance is one way, but not the only one. This means that the government must establish federal insurance as a jurisdictional fact.

If the institution is not federally insured, it may still fall within § 2113(f) if it is, for example, a Federal Reserve member bank or a bank organized or operating under U.S. laws.

Can You Challenge the Bank’s Federal Insurance Status?

Yes, and in some cases, it makes sense to do so. If there is no evidence that the bank, savings and loan association, or credit union in question is federally insured, or if the evidence is in question, then challenging that fact may present a viable defense.

What Qualifies as Force, Violence, or Intimidation?

Section 2113(a) makes it clear that force, violence, or intimidation are alternative methods of committing a bank robbery. If a defendant targets a bank by force, violence, or intimidation, he or she will be charged under Section 2113(a).

• “Force” and “violence” could involve a physical struggle, causing injury, or the use of a weapon.
• “Intimidation” is broader than “force” and “violence.” For example, intimidation can include threatening to use a weapon.

Does a Bank Robbery Under Section 2113(a) Require a Weapon?

No, a weapon is not required to charge a bank robbery under Section 2113(a). If a defendant attempts to rob a bank by handing the teller a demand note (threatening the teller with a weapon that the robber is hiding behind their back), then the defendant will be charged with intimidation-based robbery.

How do Robbery, Burglary, Theft, and Stolen-Property Charges Differ Under Section 2113?

What is the Difference Between Robbery, Theft, and Burglary?

The primary distinction between bank robbery, bank theft, and bank burglary is the nature of the taking.

• Bank robbery is taking or attempting to take property from a bank by force, violence, intimidation, or extortion.
• Bank theft is taking or attempting to take property from a bank without force, violence, intimidation, or extortion.
• Bank burglary is unlawfully entering or remaining in a bank with the intent to commit a bank robbery, bank theft, or other serious crime.

What is Bank Theft Under Section 2113(b)?

Section 2113(b) of the bank robbery statute covers taking or carrying away “any property or money, regardless of value, in the care, custody, or control of a bank, savings-and-loan association, or credit union.”

Bank theft under Section 2113(b) does not involve force, violence, or intimidation. Bank property can be taken without violence in several ways. Examples include taking property that is unattended, stealing bank property (including currency deposited in the bank’s control), or using deception to gain access to bank property.

Bank theft can also occur without unlawful entry (i.e., without burglary). For example, if a customer steals funds by fraudulent means, he or she has potentially committed theft.

What are the Penalties for Bank Theft Under Section 2113(b)?

Section 2113(b) establishes tiered penalties for bank theft. The penalty depends on the dollar value of the property taken:

• If the property value is $1,000 or less, the maximum penalty is one year of imprisonment.
• If the property value exceeds $1,000, the maximum penalty is ten years of imprisonment.

What is Receiving Stolen Bank Property Under Section 2113(c)?

Section 2113(c) makes it a federal crime to:

“receive, possess, conceal, store, sell, or dispose of any property or money” with the knowledge that it “was stolen from a bank, savings and loan association, or credit union.”

While theft requires the property to be “in the care, custody, or control” of the bank, Section 2113(c) specifically targets property “stolen” from such institutions. If you steal property from a bank, then you have committed theft or robbery. If you receive or hold property stolen by someone else in violation of subsection (b), then you have committed a crime under Section 2113(c).

What is Bank Burglary Under Section 2113?

Bank burglary under Section 2113 is a crime of unlawful entry. An individual can be charged with bank burglary for unlawfully entering or remaining in a bank, savings and loan association, or credit union, with the intent to commit larceny, any other felony, or “any act of violence, force, or intimidation.”

Completion of the theft or robbery is not required to trigger federal liability for bank burglary. If the unlawful entry was conducted with the requisite intent, liability attaches.

What Other Federal Bank Crimes Are There?

Many other federal bank crimes are not addressed under Section 2113. These crimes include:

• Bank fraud
• Electronic fraud (such as ATM fraud)
• Mortgage fraud
• Counterfeiting currency
• Money laundering
• Various other types of fraud related to bank transactions

At Spodek Law Group the strategy on a case starts the same day the client calls.

Which bank-robbery proof can establish, or undermine, the charged § 2113 conduct?

Can Robbing an ATM be a Federal Crime Under Section 2113(a)?

If you take or attempt to take money from an ATM, then it can be a federal crime under Section 2113(a). Whether taking dispensed ATM cash constitutes federal bank robbery depends on the circumstances and applicable circuit precedent; courts disagree about when the bank’s ownership or control ends. If you take or attempt to take the withdrawn cash from the bank customer who is performing the transaction, then that is robbery, but it is not bank robbery.

Which Type of Proof is Required to Get a Conviction for Bank Robbery?

To get a conviction for bank robbery under Section 2113(a), the government will need to prove each element beyond a reasonable doubt. It is up to the defense to challenge the sufficiency of the evidence presented by the prosecution. For example, whether or not a demand note constitutes intimidation is a factual issue that would typically be decided by a judge or jury after considering the circumstances and evidence.

What Types of Evidence Can Establish a Defendant’s Liability in a Federal Bank Robbery?

The evidence that the government will gather in a federal bank robbery case will depend on the circumstances. The FBI and DOJ have a variety of tools and techniques that they can use to build a case. This includes, but is not limited to:

• Bank surveillance footage
• Eyewitness identification
• Marked currency or dye packs
• Social media posts, statements made to law enforcement, and statements made to third parties
• GPS data
• Analysis of digital devices

Can a Bank Robbery Defendant Challenge Eyewitness Identification?

Generally, eyewitness identification is one of the strongest forms of evidence against a defendant. However, it is also a type of evidence that can be challenged and discredited. This is particularly true in the case of identification made during suggestive procedures. If the victim’s, witness’s, or ATM customer’s identification was influenced by a suggestive lineup or similar circumstance, then the identification may be unreliable.

What Types of Evidence Can Establish (and Undermine) Sentencing Factors in a Federal Bank Robbery?

The sentencing factors in a federal bank robbery are also based on proof. With the federal sentencing guidelines established and the rule of law firmly in place, the burden of establishing the facts to be considered by the judge is on the prosecution. Conversely, the burden of establishing the facts that support a reduction in sentencing is on the defense.

How can § 2113 weapons, killing, and sentencing rules change federal exposure?

What is the Statutory Maximum for a Conviction Under Section 2113(a)?

The statutory maximum for a conviction under Section 2113(a) is twenty years of imprisonment. However, that maximum is much higher if a weapon, assault, or killing is involved.

How Does the Maximum Increase Under Section 2113(d)?

Section 2113(d) of the federal bank robbery statute says that the maximum sentence will be twenty-five years if the offense involves dangerous weapons or assault. It applies when:

• The offender “uses or carries a dangerous weapon, or any other object capable of being used to inflict force or cause bodily injury” during a bank robbery, theft, or burglary;
• The offender commits “any assault with intent to kill, commit a crime of violence, or commit a felony during” a bank robbery, theft, or burglary.

When does a Weapon Enhancement Apply if an Object Not Functioning as a Weapon is Used?

The rule in Section 2113(d) “is that the property is not that which the property is but the property as it is used.” If you use an object that is not a dangerous weapon to intimidate someone, then the statute’s language says a weapon enhancement will apply if the object is “capable of being used to inflict force or cause bodily injury” and appears to be dangerous. For example, if you use a toy gun to commit a bank robbery, you could be charged with a weapon offense.

What is the Maximum Sentence for Bank Robbery and Related Offenses if a Victim is Killed Under Section 2113(e)?

Under Section 2113(e), a killing during an offense defined in § 2113 carries at least ten years, and if death results, the punishment may be death or life imprisonment; the statute does not require the offender to be a felon. Section 2113(e) also addresses forced accompaniment in that it allows the federal government to prosecute if the bank robber also took someone with them.

The sentencing implications under Section 2113(e) include a minimum of ten years, life imprisonment, and the death penalty if a person was killed in the course of committing a bank robbery.

How Do Federal Sentencing Guidelines for Bank Robbery Work?

The federal sentencing guidelines use a formula to calculate an advisory sentencing range. This formula takes into account the offense characteristics and the offender’s criminal history. The federal judge can impose a sentence that is above or below the advisory guideline range, but the judge must justify that sentence with factual evidence.

Is a Statutory Maximum the Same as a Likely Sentence?

No, and this is an important distinction to understand. The statutory maximum is the longest term of imprisonment a court may impose for the offense, subject to applicable law. The likely sentence will be determined using the federal sentencing guidelines. This results in an advisory sentence that a judge can then adopt, lower, or increase.

Talk to Spodek Law Group

Every case turns on its own facts, and general information is no substitute for advice about yours. Todd Spodek, managing partner of Spodek Law Group, and the firm's attorneys defend federal criminal and white collar matters nationwide. Reach the firm at 888 348 8028.