1352
Federally Insured Financial Institutions
|
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 USAM 9-61.600] | |