Fill and Sign the 874 False Statement to a Bank or Other Federally Insured Form

34 False Statement To A Federally Insured Institution 18 USC § 1014Title 18, United States Code, Section 1014, makes it a Federal crime or offense for anyone to willfully make a false statement to a federally insured financial institution. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:First: That the Defendant knowingly made a false statement or report to the financial institution described in the indictment;Second: That the deposits of the institution were insured by the Federal Deposit Insurance Corporation; andThird: That the Defendant made the false statement or report willfully and with intent to influence the action of the institution upon an application, advance, commitment or loan, or any change or extension thereof. A statement or report is " false" when made if it is untrue and is then known to be untrue by the person making it. It is not necessary, however, to prove that the institution involved was, in fact, influenced or misled. The gist of the offense is an attempt to influence such an institution by willfully making a materially false statement or report concerning the matter.ANNOTATIONS AND COMMENTS18 USC § 1014 provides:Whoever knowingly makes any false statement or report, or willfully overvalues any land, property or security, for the purpose of influencing in any way the action of any institution the accounts of which are insured by the Federal Deposit Insurance Corporation, the Federal Deposit Insurance Corporation, [ or] the Resolution Trust Corporation upon any application, advance, commitment, or loan, or any change or extension of any of the same [shall be guilty of an offense against the United States]. Maximum Penalty: Thirty (30) years imprisonment and applicable fine. United States v. Key, 7 6 F.3 d 350 , 3 53 (11 t h Cir. 1 99 6), a defendant need not know of the victim institution's insured status to be guilty of this offense; rather, it is sufficient that the defendant knowingly directed conduct at a bank that the government proves was insured. United States v. Greene, 862 F.2d 1512, 15 14 (11 t h Cir. 1 98 9), section applies to representations made in connection with conventional loan or related transactions. Unit ed States v. Wells, U.S., 1 17 S.Ct . 9 21 (1997), materiality is not an element of this offense.