What Constitutes a Federal Bank Heist Conspiracy in California?
What Constitutes a Federal Bank Heist Conspiracy in California?
Bank robberies used to be kinda glamorous, at least in the movies. But really they are super serious crimes – the FBI gets involved in investigating them because all banks are federally insured. So if you rob a bank, you’re looking at federal charges and federal punishment. Conspiring or planning with others to rob a bank is an even bigger deal that can lead to charges of criminal conspiracy.
I wanted to break down what exactly constitutes a federal bank robbery conspiracy here in California, so people know what they are getting into if they start scheming up a heist. This stuff is straight out of Hollywood fiction – but it’s real life.
What is Bank Robbery Under Federal Law?
There’s a federal law, 18 U.S.C. § 2113, that describes bank robbery as taking money or property by force or intimidation from any bank, credit union, or savings and loan institution. It became a federal crime back in the 1930s during the days of gangsters like John Dillinger robbing banks all over the place.
So if you go into a bank and pass a threatening note to a teller demanding cash – that’s bank robbery under federal law. Or if you wave around a gun and yell at everyone to get down – also robbery. You get the idea. It has to involve force or threats.
Most robbers get caught pretty quick these days with all the cameras and security at banks. But it still happens, with over 4,000 bank robberies reported in 2016.
What is a Criminal Conspiracy?
Conspiracy laws make it a crime to plan with others to commit a crime, even if you don’t actually go through with it. Under federal law, a conspiracy exists when two or more people agree to commit almost any illegal act, and then take some action toward making it happen.
So let’s say you start talking with your buddies about robbing a bank. You scope out a bank, make sketches of the layout, assign roles for the heist, etc. Even if you never actually attempt the robbery, just making plans like this can constitute conspiracy under federal law.
To prove conspiracy charges, prosecutors have to show:
- There was an agreement between two or more people
- The purpose was to commit a crime
- At least one overt act was taken in furtherance of the plan
That overt act could be anything – buying supplies, casing the bank, whatever. The key is it shows steps were taken to put the plan in motion beyond just talking about it.
Penalties for Federal Bank Robbery Conspiracy
Under 18 U.S.C. § 371, the penalty for general federal conspiracy is up to 5 years in prison. But for bank robbery conspiracy, we’re looking at much stiffer sentences:
- Up to 20 years if no one was seriously hurt
- Up to 25 years if someone was injured
- Up to life in prison if someone was killed or kidnapped during the robbery
Plus, under the federal sentencing guidelines, you’ll get increased punishment for things like:
- Being an organizer or leader of the conspiracy
- Having a criminal record
- Using weapons
- Stealing a large amount of money
And don’t forget about fines – most federal crimes carry fines up to $250,000 for individuals or $500,000 for organizations.
Recent Bank Heist Conspiracy Cases
Some real-world examples help show how serious these charges are:
- In 2013, eight people were charged in stealing $45 million from ATMs in New York. Prosecutors called it one of the largest bank heists in NYC history.
- In 2021, three men were indicted for allegedly conspiring to launder $30 million stolen in a bank cyber-heist. The FBI called it “straight out of Hollywood fiction.”
As you can see, federal prosecutors take bank robbery conspiracies very seriously, even when the crime is mostly just discussed but not carried out. The penalties are severe.
Defenses to Bank Robbery Conspiracy
Fighting federal conspiracy charges involves attacking the prosecution’s evidence that there was an agreement and overt acts taken. Some possible defenses include:
- No real agreement – Just talking vaguely about committing a crime doesn’t always constitute a real agreement. You have to look at how detailed and serious the discussions were.
- Entrapment – This argues you were induced or pressured to commit the crime by government agents.
- Withdrawal – If you withdraw from the conspiracy before an overt act is taken, you may be able to avoid liability.
These types of defenses rely on the specific facts and circumstances of each case.
The Bottom Line
A federal bank robbery conspiracy is no joke. Just planning a bank heist with others can land you in prison for decades, even if the robbery never happens. So don’t let Hollywood glamor fool you – it’s a bad idea to conspire about this serious crime.
If you find yourself questioned or accused, don’t say anything without an attorney present. Get experienced legal help fighting the charges. The risks are just too high.
I hope this gives a helpful overview of what constitutes federal bank robbery conspiracy. Stay out of trouble my friends!