18 U.S.C.S. § 2113(b) applies when the property belongs to, or is in the care, custody, control, management, or possession of a covered institution.
Defendant appealed from a decision of the court of appeals which affirmed defendant’s bank robbery conviction. The defendant had obtained possession of a check endorsed by the drawer for deposit to the drawer’s own account, had altered the endorsement to show the defendant’s account number at the same bank, had deposited the check, and later had withdrawn the funds on expiration of the bank’s 20-day hold on them.
Whether 18 U.S.C.S. §2113(b) proscribed the crime of obtaining money under false pretenses?
The court held that §2113(b) was not limited to common-law larceny and proscribed the crime of false pretenses. The court additionally noted that evidence clearly showed that defendant took and carried away, with intent to steal, over $10,000 that was in the care, custody, control, management, or possession of a savings and loan institution. The court affirmed.