It is essential to allege and prove the Federal character of the victim financial institution. The term "bank", "savings and loan association," and "credit union" are defined in 18 U.S.C. § 2113(f), (g), and (h), respectively.
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 includes institutions covered by the FSLIC. See United States v. Coleman, 656 F.2d 509 (9th Cir. 1981). Nevertheless, it is preferable to specifically allege in the indictment the federally insured nature of the victim financial institution.
There is some authority for the proposition that judicial notice may be taken of the Federal character of a bank which carries the word "National" in its name. See King v. United States, 426 F.2d 278 (9th Cir. 1970); United States v. Mauro, 501 F.2d 45 (2d Cir. 1974). Clearly, however, the 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 certificate of insurance, the canceled check representing payment of the insurance premium, and testimony of an appropriate bank official to authenticate these documents. 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 v. United States, 116 S.Ct. 501 (1995) (construing the term "use" in 18 U.S.C. § 924 (c) to require "active employment" of a firearm).
[cited in JM 9-61.600]