814. False Statements (18 U.S.C. § 1014)

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 JM 9-40.000]

Updated September 19, 2018