Every year in the United States, robberies of banking institutions account for millions of dollars of losses. In 2011 -the last complete year for data- more than $38 million was stolen and just over 100 people killed or injured in some 5,000 robberies of financial institutions reported to the FBI. There has been a sharp decline in bank heists since the early 1990's due to better bank security, investigative techniques and tougher sentencing. Thieves have also tended to move into the electronic realm which is obviously less violent and dangerous; while the number of traditional bank robberies has declined, crimes involving ATMs and online scams have soared.
Banks are insured by the federal government, and when one is robbed the accused is charged with a federal felony offense. These cases are tried in federal court and the prosecutors are highly dedicated and skilled attorneys working with the full support of federal law enforcement branches such as the FBI. Bank Robbery as a crime is defined in 18 U.S.C. Section 2113(a) ; to establish charges of bank robbery the prosecution must prove that a person took or tried to take money or property from a federally insured institution. This included credit unions, savings and loan associations and even robbery of ATMs. Taking money by fraud or larceny does not qualify as a bank robbery and is considered a different crime.
Because bank robbery is always a federal offense the penalties are higher than those for many other types of crime some bank robberies have a penalty of life in prison. Bank robbery does not require the use of a dangerous weapon, but a person's sentence increases substantially if a dangerous weapon is used; courts have ruled that even harmless objects appearing to be weapons, or a "threat of death" such as simply stating "I have a gun", or even a gesture can trigger the enhancement. If a co-defendant uses a weapon, the enhancement will apply to any defendant who knew or should have known about the use of the dangerous weapon. Even if no weapon is used any bank robbery is still considered to be "done with force and intimidation", as even a note passed to a teller can be considered intimidation. The use of a note during a bank robbery does not constitute armed robbery, but may still be considered a crime of violence.
Federal law divides the offense of bank robbery into five phases, making each step a separate crime:
- Entering the financial institution with the intent to commit a crime
- Taking/carrying away property (escape), with anyone assisting being a principle to the crime
- Concealing/possessing/disposing of the property, with anyone assisting being a principle to the crime
- Penalties are more severe if a weapon or device was used or anyone was assaulted
- If a killing or kidnapping occurs during the commission of the crime, the death penalty can be given
In order to sustain its burden of proof for the crime of armed bank robbery, the government must prove four essential elements beyond a reasonable doubt; that the accused took money that was in the care, custody, or possession of a bank, that the taking was by force and violence or intimidation, that the accused deliberately assaulted or put the life of the person in jeopardy by the use of a dangerous weapon or device while taking the money; and that the deposits of the bank were then insured by the Federal Deposit Insurance Corporation.
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