DANIEL J. FORTE
No state guidelines
A majority of today’s bank robberies consist of a note being passed between the robber and the teller and is usually done for extra drug money, according to the Massachusetts Bankers Association.
The typical punishment for that robber in Massachusetts generally is as little as probation or a two- to three-month jail sentence.
As a result, the MBA said bank robberies involving note passing are becoming more common and should result in more federal and state law enforcement action.
In an effort to crack down on bank robberies around the state, the MBA has drafted a proposal for legislation that would provide a stricter sentence for robbers and expressed the urgency for its proposal to the Joint Committee on Criminal Justice.
At a hearing last Wednesday in front of the committee, bank robbery legislation – sponsored by Rep. James Vallee, D-Franklin, the cochairman of the committee – would give first-time bank robbers plenty of time to mull over their actions and crimes behind bars.
The bill, filed as part of the 2003 Massachusetts legislative session, would mandate minimum sentences for specific types of bank robberies and enhance the ability to combat check fraud by prosecuting individuals who are suspected of presenting fraudulent checks.
H. 1635, An Act Relative to Bank Robberies and Fraudulent Checks, asks for a minimum sentence of 30 months of jail time for a first-time offender using a note during a robbery and a minimum sentence of five years if a disguise is used, use of a weapon is threatened or a weapon is shown during the course of a bank robbery.
Forte said when the bill was drafted in the last quarter of 2002, the key element of the bill was the five-year prison standard if robbers are armed or in a disguise or threaten to use a weapon during the note-passing operation.
He added that response to the bill was quite positive, but he hopes the current minimum sentence of 30 months for a first-time offender using a note will be increased.
Association officials say robbers successfully prosecuted under federal law typically face sentences of between eight and 12 years. But judges in state courts, where 25 to 50 percent of cases are tried, are not bound by minimum mandatory sentences.
‘Hard to Believe’
Bryan O’Connell, senior investigator with Fleet Bank Corporate Security Services, said in evaluating helpful steps to combat escalating bank robberies in the state, it was discovered that Massachusetts penalties for armed or unarmed robbery, including note passers, had no minimum sentence, except where an armed robber wore a disguise or it was a second offense.
While the results of recent bank robberies show a majority of thieves leaving with only a few hundred dollars, the state currently does not have sentencing guidelines for bank robbers.
Specifically to banks in the Bay State, the MBA reports that 80 to 90 percent of bank robberies are note jobs – an interaction between the robber and teller by means of passing a note demanding a sum of money – and association officials say it’s time that bank robbers face punishment.
“It’s hard to believe, but right now there are no state minimum sentencing guidelines for bank robberies in Massachusetts, be they armed robberies or note jobs,” said Daniel J. Forte, president and chief executive officer of the MBA. “Even when a note is used and no weapon is shown, there can be considerable trauma among bank staff. These are hard-working people who play an important role in our companies and in the marketplace. They deserve better.”
At last week’s hearing, members of the criminal justice committee gathered in support of the bank robbery legislation, which approves new minimum criminal sentences more like federal laws.
Forte said industry officials, law enforcement and the Legislature are not doing anything to help thieves who are stealing for drug money by letting robbers slide by with only a probationary sentence.
“Where so many of these robberies are drug-related you don’t want to be over punitive, but at the same time, are we doing society or this robber any justice if we let him off early?,” said Forte. “If it’s a drug problem, how does probation or a two- to three-month sentence help them?”
In Massachusetts, the MBA reported that most robbers wear such common garb as a hat, a hood or sunglasses and 90 percent of bank robberies are drug-related.
During Wednesday’s hearing, MBA officials and employees of Bay State banks presented testimony to the committee.
Pamela Montpelier, president and chief executive officer of Strata Bank in Medway, testified on behalf of her institution, which has been robbed several times over the last two-and-a-half years.
Highlighting what Strata has done to protect the branches and employees of the bank, Montpelier said the bank has invested over $500,000 among the nine branch locations to upgrade security measures.
Montpelier said since November 2000, five Strata Bank branches have been robbed. Four were hostile takeovers and one was a note passer.
“While our bank did not lose a significant amount of money during the course of these robberies, the impact on the well-being of our employees in the aftermath of the robberies is extremely difficult to quantify or even qualify,” said Montpelier. “Not a day goes by when someone wonders if another robbery will take place at our institution.”
The passage of Vallee’s bill would make Massachusetts the third state in the country to impose mandatory sentences for bank robbery. West Virginia and the state of Washington recently enacted jail-term sentences for convicted bank robbers.
“We need to strongly advance H. 1635 and similar measures to provide for appropriate punishment for individuals involved in bank robbery,” said Montpelier. “This is more than just an armed or an unarmed robbery. It deserves its own category of criminal justice and appropriate punishments.”
Melanie Nayer may be reached at mnayer@thewarrengroup.com.
