Henninger v. United States, 7963.
| Decision Date | 08 October 1965 |
| Docket Number | No. 7963.,7963. |
| Citation | 350 F.2d 849 |
| Parties | Ernest HENNINGER, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Sidney H. Tellis, Denver, Colo. (Louis Boggio, Denver, Colo., was with him on the brief), for appellant.
Milton C. Branch, Asst. U. S. Atty. (Lawrence M. Henry, U. S. Atty., was with him on the brief), for appellee.
Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.
Appellant was found guilty after trial to a jury upon each of three counts of an information charging violations of 18 U.S.C. § 1010 by making false statements in applications for Title I, F.H.A. home improvement loans. He appeals, contending that it was incumbent upon the United States to prove, as an element of the crimes, that his admittedly false statements actually influenced the Federal Housing Administration to insure the loans. The subject statute, 18 U.S.C. § 1010 provides in pertinent part:
"Whoever, for the purpose of obtaining any loan or advance of credit from any person, partnership, association, or corporation with the intent that such loan or advance of credit shall be offered to or accepted by the Federal Housing Administration for insurance * * * or for the purpose of influencing in any way the action of such Administration, makes, passes, utters, or publishes any statement, knowing the same to be false, * * * shall be fined * * * or imprisoned * *."
The clear wording of the statute indicates that the essence of the crime lies in the making, passing, uttering, or publishing of a false application with the intent to influence the Administration and is not dependent upon the accomplishment of that purpose. Cohen v. United States, 6 Cir., 178 F.2d 588, cert. denied, 339 U.S. 920, 70 S.Ct. 623, 94 L.Ed. 1344; Bins v. United States, 5 Cir., 331 F.2d 390, 392, cert. denied, 379 U.S. 880, 85 S.Ct. 149, 13 L.Ed.2d 87. The crime is one of subjective knowledge and intent and requires no defrauding of the government nor reliance upon the part of its officials. See Brilliant v. United States, 8 Cir., 297 F.2d 385, 389, cert. denied, 369 U.S. 871, 82 S.Ct. 1140, 8 L.Ed.2d 275; United States v. Pesano, 2 Cir., 293 F.2d 229, 231. Appellant's contrary contention is without merit.
Although no instruction of the court was objected to, appellant now characterizes the instructions as "vague, uncertain, and erroneous." We have examined the court's charge for clear...
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U.S. v. Corsino, 86-1239
...States v. Leach, 427 F.2d 1107, 1111 (1st Cir.), cert. denied, 400 U.S. 829, 91 S.Ct. 95, 27 L.Ed.2d 59 (1970); Henninger v. United States, 350 F.2d 849 (10th Cir.1965), cert. denied, 382 U.S. 979, 86 S.Ct. 555, 15 L.Ed.2d 471 (1966); United States v. Pesano, 293 F.2d 229 (2d Cir.1961). As ......
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Gevinson v. United States
...supra; United States v. Pesano, 2 Cir., 1961, 293 F.2d 229; Steingold v. United States, 6 Cir., 1958, 262 F.2d 1; Henninger v. United States, 10 Cir., 1965, 350 F.2d 849. The question of materiality was one of law for the court and the court implicitly ruled on this question in denying the ......
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U.S. v. Cleary, s. 1436
...actually induced to rely upon them is irrelevant. United States v. Goberman, 458 F.2d 226, 229 (3d Cir. 1972); Henninger v. United States 350 F.2d 849, 850 (10th Cir. 1965), cert. denied, 382 U.S. 979, 86 S.Ct. 555, 15 L.Ed.2d 471 (1966). "It does not lie with one knowingly making false sta......
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U.S. v. Chapman
...reliance is necessary to support a conviction for false statements made to the Federal Housing Administration. Henninger v. United States, 350 F.2d 849 (10th Cir. 1965). The general rule which can be ascertained from the construction of §§ 1010 and 1001, and which is equally applicable in t......