Federal Armed Robbery: Hobbs Act Robbery Defense.

While the popular image of federal prosecution for armed robbery is a robbery that involves crossing state lines, the reality is that this scenario is just one way that the federal government can get jurisdiction over a case. However, for a federal prosecution to be valid, there must be a specific statute that makes the offense federal, as armed robbery is not a standalone federal crime in and of itself.

Frequently, the statute in question is the Hobbs Act (18 U.S.C. § 1951). To prove liability under the Hobbs Act, federal prosecutors must be able to prove two distinct things: that the offense in question constitutes robbery under the Hobbs Act and that the offense involved interstate or foreign commerce (or that this constitutes a qualifying “effect” on commerce).

Section 1951(a) of the Hobbs Act states:

“Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.”

As you can see, the Hobbs Act applies not only to acts of robbery and extortion, but also to attempts to obstruct commerce by means of robbery or extortion, and conspiracies to obstruct commerce by robbery or extortion.

Section 1951(b)(1) defines robbery for purposes of the Hobbs Act as “the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining.”

When Can a Wholly Local Robbery Satisfy the Hobbs Act’s Commerce Requirement?

Section 1951(b)(3) provides the definition of “commerce” under the Hobbs Act:

“The term ‘commerce’ means commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction.”

Section 1951(b)(3) defines commerce as commerce within the District of Columbia or a Territory or Possession of the United States, commerce between covered points and points outside them, commerce between points within the same State through a place outside that State, and all other commerce over which the United States has jurisdiction.

Broadly speaking, federal courts have been willing to find that even the most attenuated relationships with interstate commerce can trigger federal jurisdiction in cases brought under the Hobbs Act. Research conducted during the preparation of this article shows that even minimal effects on commerce may prove sufficient to justify prosecution by the federal government.

How Do Hobbs Act Robbery, Extortion, and Bank Robbery Differ?

Section 1951(b)(2) provides the definition of extortion:

“The term ‘extortion’ means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.”

Essentially, extortion is a form of robbery where the victim consents (or appears to consent) to give up their property, but only because of the perpetrator’s force or threats of force. Conversely, bank robbery under 18 U.S.C. § 2113(a), with armed-bank-robbery treatment under § 2113(d). The key difference between bank robbery and robbery under the Hobbs Act is that the Hobbs Act’s robbery provision covers the unlawful taking or obtaining of personal property, while Section 2113(a) covers money, property, or another thing of value belonging to, or in the care, custody, control, management, or possession of, a bank, credit union, or savings and loan association. The federal government is able to prosecute a case under either statute if it can prove that the facts of the case meet the elements of the statute in question.

Spodek Law Group is one of the few firms running every filing, invoice and document through an online portal, which is how it takes cases outside New York.

Which Proof and Federal Procedures Can Undermine Allegations of Identity, Force, or Intent?

Section 1951(a) covers physical violence as well. Specifically, physical violence is prohibited when it is used to commit robbery or extortion or is used to facilitate the commission or the advance of a prohibited plan or purpose.

In many cases, federal robbery charges stem from an allegation that the defendant committed the offense and robbed a third party by use of force, violence, or fear. When determining what amounts to proof of identity, force, or intent, the following types of evidence and procedures are commonly at play:

• Proof of Identity. Many federal robbery cases rely on eyewitness identification evidence. The most common defenses to these allegations are mistaken identity and alibi. While these are not unique to federal cases, they are extremely important when they present a viable defense to prosecution.
• Proof of Force. Physical force, particularly when it is demonstrated through possession of a weapon, is also a cornerstone of the federal government’s prosecution for robbery. This is where suppression motions come in, which are essentially motions to exclude evidence the government has obtained unlawfully. If a weapon was obtained through an unlawful search or seizure of the defendant (or property over which the defendant has a recognized privacy interest), it could potentially be suppressed, and therefore be kept out of federal prosecution for armed robbery.
• Proof of Intent. Finally, proving a defendant’s intent to unlawfully take or obtain personal property by means of actual or threatened force is another key area where the government must rely heavily on evidence. The federal rules of discovery allow defendants extensive access to the government’s evidence against them, including phone records, text messages, call recordings, photographs, and other forms of data. Many cases are won or lost based on what a criminal defense attorney can discern from these sources of evidence.

How Can a Federal Conviction Result in Punishment Beyond the Hobbs Act Penalty?

A conviction under the Hobbs Act carries a statutory maximum penalty of 20 years in prison per violation. Conversely, an armed bank robbery conviction under 18 U.S.C. § 2113(d) carries a 25-year maximum prison term, with additional consequences under § 2113(e). For example, use of a dangerous weapon can substantially increase a defendant’s sentence and any death threats can create a separate sentence increase as well.

Both the Hobbs Act and Section 2113 apply “guideline sentencing,” which determines a defendant’s recommended prison time partly based on the charges brought by prosecutors. It also considers other factors, and each factor that is considered by the court can significantly alter a defendant’s sentence.

The factors considered by the court during guideline sentencing for robbery are numerous, and they include criminal history and various mitigating circumstances. They also include some factors that are unique to bank robberies under Section 2113, such as whether the bank robbery was coordinated by more than one person or whether the defendant stole a bank vault key.

While the federal government has various tools to maximize defendants’ sentences, criminal defense lawyers have several tools to work with as well. Some of the common defense strategies that can help reduce defendants’ sentences in the appropriate cases are to provide cooperation with prosecutors during the government’s investigation or to work with prosecutors to negotiate down sentences that aren’t justifiable given the actual facts in question.

A conviction is often just one of the steps in the federal justice system, and what defendants call “sentencing” is actually a separate proceeding that gives defendants additional opportunities to avoid prison time.

Speak With Counsel Before You Answer Anything

If agents have contacted you, the order matters: counsel first, answers second. Spodek Law Group has been practicing since 1976 and defends federal matters nationwide, coast to coast, from offices in New York, Brooklyn, Queens and Los Angeles. Call 888 348 8028.