You are here

Criminal Resource Manual 1355 Bank Robbery -- Possession Offenses

1355

Bank Robbery—Possession Offenses

Title 18, U.S.C. § 2113(c) prohibits receiving, possessing etc. property or money taken from a bank in violation of 18 U.S.C. 2113(b) (larceny). Since larceny merges into robbery and armed robbery, 18 U.S.C. § 2113(c) refers implicitly to 18 U.S.C. § 2113(a) and (d).
In 1984, subsection 2113(c) was amended to reduce substantially the scienter requirement for receiving or possessing stolen bank property. Under the amended subsection 2113(c), the government need only prove the accused knew the money was stolen. Thus, an accused cannot escape culpability for knowing possession of stolen money on the grounds that the evidence failed to show that he/she knew it was stolen from a federally protected bank.
Both 18 U.S.C. 2113(c) (possession) and 18 U.S.C. 2113 (a), (b) or (d) (robbery/theft) may be charged in an indictment and considered by a jury if sufficient evidence exists on both counts. In such a case, however, conviction on both counts is not proper, and the jury must be instructed not to consider the possession/receipt count unless it finds insufficient the proof that defendant participated in the robbery/theft. See United States v. McLaurin, 57 F.3d 823 (9th Cir. 1995).
Finally, it has been held that a bank employee properly may be charged with receiving and concealing stolen bank property under 18 U.S.C. §  2113(c) even though the employee could have been charged with embezzlement under 18 U.S.C. § 656. United States v. Hall, 805 F.2d 1410 (10th Cir. 1986).

[cited in USAM 9-61.600]

Updated February 19, 2015