Three Facing Federal Charges After Attempted ATM Heist

Three men are facing federal charges after using a crowbar to break into a Bank of America ATM. These are among the latest charges levied against Chicagoans during the several days of civil unrest that followed the murder of George Floyd. Chyenne Simpson, Rickie Foy and Pierre Harvey have each been charged with one count of attempted bank theft. 


The three were among a larger group of people who were caught on the bank’s security footage attempting to use various tools to crack open the ATM located in the vestibule outside of the bank. While the ATM contained at least $300,000 worth of cash, authorities report that none of the money was actually stolen. 


The group scattered once officers arrived, but they were able to detain the three men near the scene of the heist. The men denied being part of the attempted robbery of the ATM. 


Federal Bank Robbery Charges


18 U.S. Code § 2113 defines bank robbery as the intentional theft or attempted theft from a bank, an ATM, an armored vehicle, or a night depository. These three men will face federal attempted bank robbery charges. Because their crimes included the breaking and entering into a bank, they are still facing a maximum of 20 years behind bars. 


Chances are, they will not receive the maximum, but federal laws tend to have mandatory minimum sentencing guidelines, and these are quite difficult to overcome. Since they were allegedly caught on video attempting to rob the bank, that video evidence will likely be presented at trial to prove the prosecution’s case.


Problematically, there is no statute that separates the actual removal of property from the bank with the attempt to remove property from the bank. The theft of certain amounts of money can be charged either separately or used to escalate the charges against the defendant. Of course, when we think of bank robbery, we think of masked robbers with guns ordering everyone onto the ground. Someone who perpetrates that kind of crime can be charged with bank robbery and the use of a weapon during a bank robbery. 


In other words, even though these men were unsuccessful at actually stealing any money, they can be charged under the same statute that a bank robber would face if they stole a sizable amount of money.


Federal Charges are Different From State Charges


Those who are facing federal charges need an attorney who has handled a federal criminal case before. Instead of dealing with local judges, prosecutors, and police officers, the defendant will face a federal judge, a federal prosecutor, and FBI agents. The laws that were violated in a federal case come from a different section of the law than those prosecuted by states. Mandatory sentencing guidelines are the norm in federal cases.


Talk to a Chicago Defense Attorney Today


If you are facing federal charges, then you need an attorney who is capable of handling a federal criminal trial. Call David Freidberg today at (312) 560-7100 to schedule an appointment and learn more about how we can help. 

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