NOTE: The following article has refreshed content to account for recent FBI statistics and new laws at the U.S. federal level. Since the First Step Act (P.L. 115- 391) became effective on December 21, 2018, there have been a number of adjustments to the federal criminal justice system, including a safety valve provision for the sentencing of certain non-violent offenders.
According to the FBI’s Bank Crime Report for 2018 (the most recent year available), there was a total of 3,033 violations of the federal bank robbery code. Of these violations, 108 occurred in Illinois. All of these violations occurred at federal banking institutions.
These violations are handled under Section 2113 of Title 18 of the United States Code, which prohibits the taking or attempted taking of money, property, or items of value from federal banking institutions. Depending on which section of the statute is violated, and the manner in which the crime is committed, punishment can range from imprisonment to the death penalty.
18 U.S.C. §2113 defines institutions that are covered by the statute. These institutions include any bank that is a member of the federal reserve association, credit unions, savings and loan associations, trust companies, savings banks, branches of foreign banks, any other banking association, and any institution whose deposits are covered by the Federal Deposit Insurance Corporation (“FDIC”).
The vast majority of these crimes happen at branch offices, which are squarely covered under this section. Defendants in custody on bank robbery charges awaiting trial frequently attempt to defeat their case based on this issue. Such motions are frivolous, as federal jurisdiction is usually easy to establish in this context.
What is Federal Criminal Bank Robbery?
Conduct barred by the statute includes both completed crimes and attempts to commit a crime. 18 U.S.C. §2113(a) prohibits attempting to take or the actual taking of property, money, or any item of value by the use of force. Additionally, entry into a covered financial institution with the mere intent to commit the robbery is also covered under subsection (a).
Taken as a whole, this statute casts a wide net. If a party enters the bank with the intent to commit the bank robbery – but is unable to take further action or complete the crime – they may still be charged under the statute and punished in the same manner as if they had been successful.
18 U.S.C. §2113(b) precludes the taking of property or things of value from a covered financial institution, even if there is a lack of force. This subsection also establishes a threshold of $1,000 to determine the corresponding penalties.
18 U.S.C. §2113(c) covers participants who may not have taken the property, but who nonetheless participated in the crime. These participants violate the law by receiving, possessing, hiding, selling, trading, or disposing of the property, money, or thing of value. A violation of this subsection will subject the violator to the same punishment as the taker, which is set forth in subsection (b).
For an example, think back to the 1995 film Heat, starring Robert De Niro. In the film, De Niro runs a crew of robbers who hold up a Los Angeles bank. After stealing over $1 million worth of bonds, there is a suggestion to sell the bonds back to the original owner. That way, the original owner could also profit by filing an insurance claim on the stolen bonds. By agreeing to this scheme, the original owner could have been charged under 18 U.S.C. §2113(c).
Subsections (d) and (e) kick in when there is injury or threat of injury to another party during the attempt or commission of the crime. It prohibits the assault or jeopardizing of the life of another by using a dangerous weapon or device. Notably, this section would cover a fake gun or non-functioning device as well. Subsection (e) precludes the kidnapping or killing of another during an attempt to avoid being caught for the offense. This subsection also sets forth the most serious punishments.
Penalties & Sentencing for Criminal Bank Robbery
Violations of 18 U.S.C. §2113 almost always result in a prison sentence; however, serious violations could result in the death penalty. Under subsection (a), violators who use force to obtain the money, property, or things of value can be fined and/or imprisoned for up to 20 years.
Where force is not used, subsection (b) imposes a fine and/or 10 years in prison for the theft of items valuing more than $1,000. If no force is used and the value stolen is less than $1,000, violators may be subjected to a fine and/or one year in prison. Moreover, these non-violent violators might be eligible for a lenient sentence under the safety valve provision of the First Step Act.
If, while violating subsection (a) or (b), a person is assaulted or the violator puts a person’s life in jeopardy, a fine and/or up to 25 years in prison may be imposed. Finally, for situations where someone is kidnapped, taken hostage, or killed while the violator attempts to flee or elude capture, the penalty may include both a fine and life in prison or the death penalty.
Sentencing Guidelines
Federal law features mandatory sentencing guidelines that dictate the punishment for a particular offense. In the case of bank robbery, Section 2B3.1 of the United States Sentencing Guidelines applies.
Hypothetical: A defendant was indicted on bank robbery charges. He stole $1,500 dollars from a financial institution, while threatening the bank teller and brandishing a gun. The defendant has no other criminal history.
Applicable Guidelines
- Base level offense of Robbery – 20 points – §2B3.1
- Taking from a financial institution – 2 points – §2B3.1(b)(1)
- Threat of death – 2 points – §2B3.1(b)(2)
- Use of a dangerous weapon – 3 points – §2B3.1(b)(2)
The point total of the hypothetical would be 27. Using the federal sentencing guidelines for bank robbery, the defendant’s range would be 70-87 months.
Federal Criminal Bank Robbery Statutes
Depending on the circumstances surrounding the crime, violators may also be charged with several related statutes, including conspiracy. 18 U.S.C. §371 is the general federal conspiracy statute. It encompasses a variety of crimes, including bank robbery. It covers conspiracies to defraud the United States and conspiracies to violate any other provision of U.S. federal law. As such, the conspiracy statute can be used to prosecute even minor actors in a bank robbery scheme, if they participated knowingly and willingly.
