814
False Statements (18 U.S.C. § 1014)
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Section 1014 of Title 18, United States Code, covers the knowing
making
of false statements or willfully overvaluing any property or security for
the
purpose of influencing in any way the action of the enumerated agencies and
organizations.
Venue is governed by the general rule under the various false
statement
and false claim statutes. See United States v. Blecker, 657
F.2d
629, 632 (4th Cir. 1981), cert. denied, 454 U.S. 1150 (1982)(false
claim
statute). A violation of section 1014 is indictable either in the district
in
which the false statement is prepared and mailed, or in which the statement
is
received. See United States v. Wuagneux, 683 F.2d 1343, 1356
(11th
Cir. 1982), cert. denied, 464 U.S. 814 (1983).
Generally, the making of a number of false statements to a lending
institution in a single document constitutes only one criminal violation
under
section 1014. See United States v. Sue, 586 F.2d 70, 71 (8th
Cir.
1978). See also United States v. Thibadeau, 671 F.2d 75, 79
(2d
Cir. 1982). However, in Bins v. United States, 331 F.2d 390 (5th
Cir.),
cert. denied, 379 U.S. 880 (1964), the court of appeals found
duplicity
in an indictment that charged the defendant in each count with making false
statements on two different FHA forms. In United States v. Canas,
595
F.2d 73, 78 (5th Cir. 1979), the United States Court of Appeals for the
Fifth
Circuit distinguished Bins and found that an indictment can properly
charge in a single count false statements made on different documents as
long as
the documents are necessary parts of a loan package meant to obtain a single
loan.
[cited in USAM 9-40.000] | |