FEDERAL MODELS BY OFFENSE - PRACTICE NOTES
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Materiality Is Not An Element For The Jury

PRACTICE NOTE:  See United States v. Wells, 519 U.S. 482, 117 S.Ct. 921, 137 L.Ed.2d 107 (1997).

Knowledge Of Falsity Required

PRACTICE NOTE:  See United States v. Eury, 268 F.2d 517, 520 (2nd Cir. 1959).

Making A False Statement Or Report (18 USC 1014)

PRACTICE NOTE: Scope Of Statute. See U.S. v. Boren (9th Cir. 2002) 278 F3d 911, 914 [18 USC 1014 is not limited to statements made in the course of lending transactions]; see also U.S. v. Agne (1st Cir. 2000) 214 F3d 47, 54 [letter of credit is "commitment"]; U.S. v. Yoo (3rd Cir. 1987) 833 F2d 488, 490 [payments pursuant to international letter of credit are "commitment"]; U.S. v. Pinto (3rd Cir. 1981) 646 F2d 833, 838 [mistaken deposit is an "advance"]; U.S. v. Bonnette (4th Cir. 1986) 781 F2d 357, 365 [fraudulent sight drafts with title to car attached are" false statements"]; U.S. v. Wade (6th Cir. 2001) 266 F3d at 574, 580 [checking account application is an "application"]; U.S. v. Krilich (7th Cir. 1998) 159 F3d 1020, 1028-29 [18 USC 1014 not limited to statements made to obtain loans or other extensions of credit]; U.S. v. Tucker (7th Cir. 1985) 773 F2d 136, 139 [letter of credit fits within" application," "advance," and "commitment"]; U.S. v. Stoddart (10th Cir. 1978) 574 F2d 1050, 1053 [false statement regarding a deposit intended to influence "commitment"]; but see U.S. v. Krown (2d Cir. 1982) 675 F2d 46, 51 ["application" and "commitment" must relate to loan or other credit transaction]; U.S. v. Devoll (5th Cir. 1994) 39 F3d 575, 578-79 [18 USC1014 relates only to lending activities)].