Federally Insured Financial Institutions
It is essential to allege and prove the Federal character of the
financial institution. The term "bank", "savings and loan association," and
"credit union" are defined in 18 U.S.C. § 2113(f), (g), and (h),
It has been held that a reference to 18 U.S.C. § 2113 in an
indictment is sufficient to charge that a savings and loan association
institutions covered by the FSLIC. See United States v.
656 F.2d 509 (9th Cir. 1981). Nevertheless, it is preferable to
allege in the indictment the federally insured nature of the victim
There is some authority for the proposition that judicial notice
be taken of the Federal character of a bank which carries the word
its name. See King v. United States, 426 F.2d 278 (9th Cir.
United States v. Mauro, 501 F.2d 45 (2d Cir. 1974). Clearly,
prudent course of action would be to establish the Federal character of the
financial institution by appropriate documentary and testimonial evidence.
Proof of such status can be adequately established by the
of insurance, the canceled check representing payment of the insurance
and testimony of an appropriate bank official to authenticate these
See United States v. Washburn, 758 F.2d 1339 (9th Cir. 1985);
United States v. Hadley, 671 F.2d 112 (8th Cir. 1982). Cf. Bailey
United States, 116 S.Ct. 501 (1995) (construing the term "use" in 18
§ 924 (c) to require "active employment" of a firearm).
[cited in USAM 9-61.600]