From time to time, bank customers are robbed shortly after making withdrawals from ATMs. In such circumstances, the Federal bank robbery statute would be inapplicable because, at the time of the robbery, the money belongs to and is in the possession of the customer, and is no longer in the care, custody, control, management or possession of the bank. However, if a bank customer was forced at gun point to drive to the bank's ATM and withdraw funds from his account, a Federal bank robbery violation may occur. The customer never had possession or control of the funds taken from the bank. The perpetrators simply used the customer and his bank card as the instrumentalities for accomplishing a bank robbery.
Some banks operate ATMs at remote locations far removed from the bank itself.
Some large grocery chains and other retail businesses provide ATMs on their premises for the convenience of their customers. These machines provide a shared electronic network which can access several financial institutions. Such facilities are not branch banks for purposes of the National Bank Act. The retailer, not the bank, would be the victim of such an offense. If however, money is obtained by the fraudulent use of a bank card, the transaction may be regarded as a bank larceny.