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Bell v. United States | 462 U.S. 356 (1983)
In 1934, Congress enacted the Federal Bank Robbery Act to address an outbreak of bank robberies by criminals who robbed banks with force or violence. In 1937, the scope of the act was broadened to include bank thefts occurring without force. In the 1983 case Bell versus United States, we explore whether the act includes the crime of obtaining property by false pretenses.
A man in Cincinnati wrote a ten-thousand-dollar check drawn on a Cincinnati bank. He then endorsed the check for deposit in his account with Dade Federal Savings and Loan of Miami and mailed it to an employee there. The check never arrived. Several days later, Nelson Bell opened an account with Dade Federal. Later that same day, Bell visited another Dade Federal branch where he deposited the Cincinnati man’s check. Bell altered the endorsement to show his account number. Dade Federal accepted the deposit but placed a twenty-day hold on Bell’s account. As soon as the hold expired, Bell withdrew all the funds in cash and closed the account.
Bell was arrested and charged with violating 18 USC Section 2113(b), a provision of the Federal Bank Robbery Act. That provision makes it a federal crime for someone to take and carry away, with the intent to steal, anything exceeding one hundred dollars of value belonging to or in the possession, custody, or control of a bank, credit union, or savings and loan. Following a jury trial in federal district court, Bell was convicted. He appealed to the Fifth Circuit, which, following a rehearing en banc, affirmed the conviction. Bell then appealed to the United States Supreme Court.
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