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SCOTUS Announces Only ‘False’ Statements Made to FDIC Are Criminalized Under 18 U.S.C. § 1014, Not Statements That Are ‘Misleading’ but True
Resolving a split between the United States Courts of Appeals for the Sixth Circuit and Seventh Circuit, the Supreme Court of the United States held that 18 U.S.C. § 1014 criminalizes only “false” statements, not ones that are “misleading” but true, i.e., not false.
Background
Patrick Thompson …
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More from this issue:
- Arguing Successful Federal Habeas Corpus Claims, by Dale Chappell
- Policing the Vulnerable: The Criminalization of Disability, by Casey Bastian
- Los Angeles Criminal Legal System Undermined by Months of Faulty DNA Testing, by Jo Ellen Nott
- Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, by David Reutter
- Maryland Reforms Offer Second Chances on Expungement and Parole, by Jo Ellen Nott
- Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions on Self-defense and Defense of Others, by Douglas Ankney
- First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a), by Sagi Schwartzberg
- Car Subscriptions: Another Means of Mass Surveillance by Law Enforcement, by David Kim
- The Crushing Toll of Ohio’s Death Penalty: A Billion-Dollar Failure, by David Kim
- Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment, by Jeffrey Cohen
- Illinois ‘Murderer’ Registry Punishes More Than It Protects, by Jo Ellen Nott
- Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon, by Anthony Accurso
- Rhode Island Supreme Court Announces Indigent First-Time Applicant for Postconviction Relief Entitled to Counsel Even When Not Requested; Superior Court Must Determine Whether Applicant Intended to Waive Right to Counsel and Whether Done Knowingly, Vol, by Phillip Wasserman, J.D.
- SCOTUS Announces Knowingly or Intentionally Causing Bodily Injury or Death by ‘Omission’ Necessarily Involves ‘Use’ of ‘Physical Force’ for Purposes of § 924(c), by David Kim
- Blindfolded Juries, Coerced Convictions: Why Prosecutors Often Win Before Trials Even Begin, by Clark Neily
- Facial Recognition at the Border: CBP’s Push to Scan Every Car Passenger Sparks Privacy Concerns, by David Kim
- Bipartisan Legislative Wins in Virginia and Utah Expand Job Opportunities for Formerly Incarcerated Individuals, by Jo Ellen Nott
- South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis, by Richard Resch
- Fingerprints as New Drug-Detection Method, by James Mills
- Mississippi Supreme Court Vacates Convictions, Holding Multiple Errors by State Resulted in ‘Legal Chaos’ That Deprived Defendant of Right to Fair Trial Under ‘Cumulative-Error Doctrine’, by Jeffrey Cohen
- SCOTUS Announces Rejection of ‘Moment-of-Threat Doctrine’ Because It Improperly Narrows Required ‘Totality of the Circumstances’ Analysis for Fourth Amendment Excessive-Force Claims, by David Kim
- ‘Sexome’ Bacteria Offers New Path to Justice in Sexual Assault Cases Where DNA Is Not Present, by Jo Ellen Nott
- Georgia Eliminates Legal Standard That Sent Intellectually Disabled Prisoners to Death Row, by David Kim
- SCOTUS Announces Only ‘False’ Statements Made to FDIC Are Criminalized Under 18 U.S.C. § 1014, Not Statements That Are ‘Misleading’ but True, by Richard Resch
- News in Brief
More from Richard Resch:
- Aphantasia: Why Truthful Witnesses Can Sound Like Liars, Jan. 1, 2026
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026
- Digital Parallel Construction: Detecting and Challenging Hidden AI, Jan. 1, 2026
- Eighth Circuit Announces Presidential Commutation Does Not Moot Challenge to Underlying Sentence, Jan. 1, 2026
- When AI Invents the Pixels: Challenging AI-Enhanced Video Evidence in Criminal Cases, Dec. 15, 2025
- SCOTUS Holds Sixth Amendment Requires Case-Specific Necessity Determination to Screen Child Witnesses, Rejecting Reliance on Mandatory State Statutes Based on Generalized Legislative Findings, Dec. 15, 2025
- Generative Suspicion: What Defense Lawyers Must Know About AI-Generated Police Reports, Nov. 15, 2025
- Special Digital Currencies Issue: Bitcoin and CBDCs What Is Bitcoin? The Answer to Government Surveillance and Control Through Money An Essential Introduction, Glossary of Multidisciplinary Terminology, and Colorful History, Aug. 15, 2025
- From the Editor, Aug. 15, 2025
- SCOTUS Announces Sentence ‘Has Not Been Imposed’ for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment but Sentence Subsequently Vacated, Aug. 1, 2025
More from these topics:
- Aphantasia: Why Truthful Witnesses Can Sound Like Liars, Jan. 1, 2026. Jury Instructions, False Statements/Perjury, Self-Authentication, Voir Dire, Evidence - Integrity/Reliability of, Eyewitness Identification, Character/Reputation/Propensity.
- Ex-Wife of Minnesota DOC Commissioner Sentenced for Poisoning Attempt on Son, Dec. 1, 2025. Out of State Transfers, Sentencing, Conspiracies, Attempts, Solicitations, Confessions and Statements of Defendant, Plea Agreements/Guilty Pleas.
- Five New York Prison Guards Charged with Employment Fraud, Dec. 1, 2025. Guard Misconduct, Workers' Compensation, False Statements/Perjury, Bribery/Extortion/Theft, Fraud and Deceit.
- Ninth Circuit Holds Untruthful Responses to Questions Government Is Not Permitted to Ask on Visa Application Is Still Fraud if Responses Could Have Influenced Decision to Grant Request for Visa, Oct. 15, 2025. False Statements/Perjury, Essential Elements of Crime, Fraud and Deceit, Immigration Law/Offenses, Authority and Jurisdiction.
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
- First of 10 Guards Charged with Killing of New York Prisoner Pleads Guilty, July 15, 2025. Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury.
- Georgia Moves to Shield Intellectually Disabled Prisoners from Execution, June 1, 2025. Sentencing, Death Penalty.
- Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, May 15, 2025. Sentencing, Drug Laws/Offenses.
- Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon, May 15, 2025. Sentencing, Failure To Consider Disparity, Federal-State Differences/Disparity/Conflicts, Disparity in Charging/Sentencing Practices.
- Washington DOC On Hot Seat Over “Unexpected Fatalities,” Missed Autopsies, May 1, 2025. Criminal justice system reform, Systemic Medical Neglect, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice, False Statements/Perjury.
