Bank Robbery- Federal
Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, … any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association; …


shall be guilty of an offense against the United States.

 

The phrase “by force and violence, or by intimidation” means by either: one, the use of actual physical strength or actual physical violence or two, doing some act or making some statement to put someone in fear of bodily harm.
The “intimidation” must be caused by an act knowingly and deliberately done or statement knowingly and deliberately made by the defendant which was done or made in such a manner or under such circumstances that would produce such a reaction or such fear of bodily harm in a reasonable person. The government need not prove actual fear on the part of any person.
The government must prove beyond a reasonable doubt, however, that the defendant knowingly and deliberately did something or knowingly and deliberately said something that would cause a reasonable person under those circumstances to be fearful of bodily harm.

For intimidation to occur under 18 U.S.C.A. § 2113(a) a defendant's conduct must be “reasonably calculated to produce fear.” … [W]here, as here, the thief was neither wearing nor carrying a weapon, produced no note and said nothing, and made no threatening gestures, we hold, as a matter of law, that the evidence is insufficient to show a taking “by intimidation” in violation of 18 U.S.C.A. § 2113(a).

The phrase “custody, control, management, or possession” means money or funds that are physically within the bank, (credit union or savings and loan) or within its power to control. When a bank holds the money that has been deposited by its customers, for example, the bank may be said to have “custody, control, management or possession” of those funds.
The law recognizes two kinds of possession: actual possession and constructive possession. A person who knowingly has direct physical control over a thing is then in actual possession of it. A person who, although not in actual possession, knowingly has both the power and intention at a given time to exercise dominion or control over a thing, either directly or through others, is then in constructive possession of it.
The law also recognizes that possession may be sole or joint. If one person alone has actual or constructive possession of a thing, possession is said to be sole. If two or more persons share actual or constructive possession of a thing, possession is considered joint.

The term “bank” means any member bank of the Federal Reserve System, and any bank, … or other banking institution organized or operating under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.
The term “savings and loan association” means any Federal savings and loan association and any “insured institution” … and any “Federal credit union.”
The term “credit union” means any Federal credit union and any State-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.

Possession of property recently stolen, if not satisfactorily explained, is a circumstance from which a jury may infer that the person in possession of it not only knew that the property was stolen, but also participated in the theft in some way.
The term “recently” is a relative one and has no fixed meaning. Whether property may be considered as “recently stolen” depends on the nature of the property and all of the other evidence received in the case.
It is solely for the jury to decide what inferences, if any, should be drawn from the evidence received in this case.

NOTES
 

2113 

 
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