4.18.1014 Making a False Statement or Report, 18 U.S.C. § 1014 See Statute

[Defendant] is charged with making a false statement or report for the purpose of influencing the action of [appropriate governmental agency or entity listed in statute] upon [his/her] [application; commitment; loan; etc.]. It is against federal law to make a false statement for such a purpose. For you to find the defendant guilty of this crime you must be convinced that the government has proven each of these things beyond a reasonable doubt:

First, that [defendant] made or caused to be made a false statement or report to [appropriate governmental agency or entity listed in statute] upon [an application; commitment; loan; etc.];

Second, that [defendant] acted knowingly; and

Third, that [defendant] made the false statement or report for the purpose of influencing in any way the action of [appropriate governmental agency/ financial institution] on the [application; commitment; loan; etc.].

A false statement is made “knowingly” if the defendant knew that it was false or demonstrated a reckless disregard for the truth with a conscious purpose to avoid learning the truth.

A statement is “false” if it was untrue when made.

Comment(s)

(1) This charged is based largely upon United States v. Concemi, 957 F.2d 942, 951 (1st Cir. 1992).

(2) Materiality is not required. United States v. Wells, 519 U.S. 482, 489-90 (1997).

(3) Section 1014 also includes “willful overvalu[ation].” This charge refers only to false statements or reports, but can be modified accordingly.

(4) Section 1014 lists the governmental agencies and related entities covered by the statute as well as the kinds of actions that are covered.

(5) When the victim is a federally insured bank, the knowledge that must be proven is knowledge that a bank will be defrauded, not any specific bank, and not knowledge of its insured status. United States v. Graham, 146 F.3d 6, 10 (1st Cir. 1998).

(6) Letters of credit are included. United States v. Agne, 214 F.3d 47, 54 (1st Cir. 2000).