Federal Bank Robbery Defense: 18 USC 2113 Charges.

What § 2113 Charge and Maximum Penalty Fit the Alleged Conduct?

Federal prosecutors will seek to pursue the most serious charge and penalty they can justify based on the circumstances of the alleged conduct. While the term “bank robbery” describes the overall incident, the specific subsection prosecutors charge can have a direct impact on the maximum possible sentence under the U.S. Sentencing Guidelines (USSG). When facing a federal bank robbery investigation, you need to understand:

Are You Facing Charges for a Violation of Section 2113(a)?

Section 2113(a) covers bank robbery and related conduct. It describes bank robbery as the taking or attempting to take any property from a covered institution or individual through force, violence, intimidation, or extortion. Additionally, this subsection covers entering a covered institution with the intent to commit a felony or larceny. Federal bank robbery charges under § 2113(a) carry a statutory maximum of 20 years in federal prison, and attempted offenses can be charged even if no property was taken or the defendant left the bank.

Are You Facing Charges for a Violation of Section 2113(b)?

Section 2113(b) separately criminalizes “the taking or attempting to take any property of any covered institution, with the intent to deprive such institution of such property, without force, violence, intimidation, or extortion.” While this subsection also deals with “bank robbery,” it differs from the offense under § 2113(a). If a defendant’s conduct falls under § 2113(b), the maximum penalty is generally lower (unless aggravating factors like the use of a dangerous weapon or firearm bring the offense into scope under Section 2113(d)). However, if prosecutors can prove that a defendant committed any of the acts listed under § 2113(a) or if an aggravating factor applies under Section 2113(c), they will do so.

Which Institution and Transaction Facts Make Federal Prosecution Possible?

When federal prosecutors seek to pursue charges under 18 U.S.C. § 2113, one of the first issues they have to determine is what property (if any) the defendant allegedly took or attempted to take. Section 2113 applies to “property belonging to, or controlled by, any institution” qualifying as a “covered institution.” This definition includes:

• Banks (qualifying banks)
• Credit unions (qualifying credit unions)
• Savings associations (qualifying savings associations)
• Credit unions and savings associations owned or jointly owned by another covered institution

These institutions have very broad qualifying standards, and prosecutors can use this to their advantage by pursuing charges based on virtually any property a defendant allegedly took from, or tried to take from, a covered institution.

A bank qualifies as a covered institution if it is a member of the Federal Reserve System, or, if not a member, has deposits insured by the Federal Deposit Insurance Corporation (FDIC).

Section 2113(g) includes Federal credit unions and qualifying State-chartered credit unions whose accounts are insured by the National Credit Union Administration Board. Section 2113(h) includes Federal or State savings associations having accounts insured by the Federal Deposit Insurance Corporation, as well as certain corporations operating under federal law.

Given this definition, an ATM’s physical location is almost always irrelevant; what matters instead is who owns and controls the ATM. If the ATM is owned or operated by a covered institution, then taking money from the ATM constitutes taking property belonging to, or controlled by, a covered institution. As a result, federal prosecutors can pursue criminal charges under the federal bank robbery statute (and under 18 U.S.C. § 2113 more broadly) regardless of whether the physical transaction took place inside or outside of a covered institution’s branch office or business establishment.

Spodek Law Group answers enquiries sent through its site within 24 hours.

How Do the Subsection, Guidelines, and Prior Criminal Record Affect the Potential Federal Prison Time?

Once federal prosecutors determine which charge fits the alleged conduct, this becomes the first step toward calculating your potential prison sentence. For example, under Section 2113(b):

• If the bank property involved is valued at more than $1,000, the maximum prison sentence is 10 years.
• If the bank property involved is valued at $1,000 or less, the maximum prison sentence is 1 year.

Section 2113(c) covers the act of receiving, possessing, concealing, storing, selling, or disposing of stolen bank property. To pursue a conviction under § 2113(c), federal prosecutors must prove that the defendant knowingly received, possessed, concealed, stored, bartered, sold, or disposed of property or money taken or stolen from a bank, credit union, or savings and loan association in violation of § 2113(b).

Under Section 2113(d), the act of committing a bank robbery with a dangerous weapon is treated as an aggravated offense or penalty enhancement. Section 2113(d) applies when, during or attempting to commit a § 2113(a) or (b) offense, the defendant assaults a person or puts a person's life in jeopardy by using a dangerous weapon or device; mere possession alone is not enough.

Section 2113(e) carries a 10-year minimum sentence when, while committing a § 2113 offense or avoiding apprehension or confinement for that offense, the defendant kills someone or forces someone to accompany them without consent; if death results, the punishment is death or life imprisonment. In these circumstances, committing a kidnapping or any offense resulting in death or murder during the commission of the robbery makes it extremely important for the defense to fight for a reduction in penalties.

The actual prison sentence for a convicted defendant will be determined by the U.S. Sentencing Guidelines, which take into account factors like the scope and nature of the crime, the extent of the defendant’s culpability, the amount of money involved, and the defendant’s prior criminal record. Along with a maximum sentence for a conviction under any subsection of Section 2113, these additional factors could lead to a lengthy federal prison sentence. The potential consequences for a federal bank robbery conviction can be severe, and the risks are heightened if aggravating factors are involved. That’s why it’s important to work with an experienced federal bank robbery defense lawyer at Spodek Law Group to help you avoid a lengthy prison sentence.

Why is There No Standard “Bank Robbery Payout” in the Federal Bank Robbery Statute?

People often ask us why the law doesn’t state how much money someone takes home for a successful bank robbery attempt. The answer is that there simply isn’t an average payout listed under Section 2113. Instead, federal prosecutors take the first step of determining what constitutes the bank property allegedly taken or attempted to be taken, and then they seek penalties based on the circumstances.

What Are the Criminal Penalties for Federal Bank Robbery?

As federal prosecutors seek penalties based on the circumstances of an alleged crime, the criminal penalties for federal bank robbery (or an attempted robbery) can vary depending on:

• The specific subsection under which federal prosecutors can obtain a conviction
• The defendant’s prior criminal record
• Additional sentencing factors under the federal sentencing guidelines

With this, a defendant facing a federal bank robbery prosecution can end up with hundreds of different sentencing options, regardless of whether a weapon was involved. The consequences can include:

• Firearm charges under 18 U.S.C. § 924(c): A separate firearm charge under 18 U.S.C. § 924(c) can add mandatory consecutive years of federal prison time on top of what otherwise would be given.
• No parole: Federal sentencing guidelines generally do not include parole for federal prison sentences.
• Sentencing guidelines: The U.S. Sentencing Guidelines, including U.S.S.G. §§ 2B3.1 and 5G1.1, can affect the sentence based on factors such as criminal history, weapon use, number of victims, and injuries inflicted.
• Restitution: In cases where the defendant caused financial loss to a covered institution, restitution may be ordered as well.

What Proof and Procedural Choices Can Change the Government’s Case?

What Evidence Must the Government Produce?

Federal prosecutors are required to prove all necessary elements of an alleged crime beyond a reasonable doubt. If they cannot prove each of these elements to the extent required, then they cannot seek a conviction. Federal prosecutors must also prove that the defendant knowingly participated in the conduct in question. This means that a defendant cannot be held criminally liable if the government fails to prove the mens rea required for the charged subsection of Section 2113. Additionally, prosecutors must identify the defendant. A defendant’s identity can be contested by challenging eyewitnesses’ identification, using alibi witnesses, and introducing analysis and evidence to challenge the government’s presentation of surveillance footage and other video evidence.

Various forms of evidence can also challenge prosecutors’ claims. These may include challenging the government’s reliance on surveillance footage, GPS tracking data, cell phone data, DNA, fingerprinting, marked currency, and other types of physical evidence.

Can Federal Prosecutors Sue for Conspiracy?

Yes, they can. While Section 2113 deals with the actual robbery (and related conduct), federal prosecutors can use the conspiracy provisions of the federal criminal code to seek convictions. Federal conspiracy charges can be brought regardless of whether the underlying offense was completed, and prosecutors can use evidence such as cell phone and online communication records, financial records, and testimony to pursue a conviction.

What Can a Getaway Driver Do to Challenge Their Alleged Involvement?

Liability in federal bank robbery cases depends on the defendant’s involvement, what they knew, and the theory (or theories) federal prosecutors have decided to pursue. A defendant who was in the car but had no knowledge of the robbery might challenge prosecutors’ allegations by arguing that their involvement was unintentional, limited, or not part of the charged offense. However, defense strategies will differ based on the theory prosecutors have decided to pursue (including conspiracy) and any other evidence that is (or is not) available.

Talk It Through With a Lawyer

Every case turns on its own facts. Todd Spodek is the managing partner of Spodek Law Group, a second generation firm his father opened in 1976, and the firm takes federal criminal and white collar matters nationwide. Call 888 348 8028 to talk it through.