Opinion · Court of Appeals for the Third Circuit

United States v. John Joseph Quirk, II

266 F.2d 26

Type
Opinion
Court
Court of Appeals for the Third Circuit
Jurisdiction
Federal
Date
1959-04-28
Topic
general

PER CURIAM. Appellant was convicted under 18 U.S. C.A. § 1001 for having “ * * * wilfully and knowingly caused the Liberty Federal Savings and Loan Association * * * to submit to the Veterans Administration * * * a false document entitled ‘Application for Home Loan Guarantee of Insurance’ which application contained a false, fictitious and fraudulent statement.” *27 We agree with Judge Kraft in the district court that where the appellant’s conduct was wilful, as was here shown, the government had the right to proceed under Section 1001 and assume the burden of establishing wilfulness rather than to bring an indictment under the more specific provisions of 38 U.S. C.A. § 715. And we also agree that the wilful submission of the false document was “ * * * calculated to induce agency reliance or action, irrespective of whether actual favorable agency action was, for other reasons impossible” [167 F.Supp. 464] and so established the materiality of the submitted application.

Citator

UpLaw has not yet analyzed United States v. John Joseph Quirk, II. The absence of a flag is not a finding that it is good law.

Cited by
29 opinions
PER CURIAM.

Appellant was convicted under 18 U.S. C.A. § 1001 for having “ * * * wilfully and knowingly caused the Liberty Federal Savings and Loan Association * * * to submit to the Veterans Administration * * * a false document entitled ‘Application for Home Loan Guarantee of Insurance’ which application contained a false, fictitious and fraudulent statement.”

*27 We agree with Judge Kraft in the district court that where the appellant’s conduct was wilful, as was here shown, the government had the right to proceed under Section 1001 and assume the burden of establishing wilfulness rather than to bring an indictment under the more specific provisions of 38 U.S. C.A. § 715. And we also agree that the wilful submission of the false document was “ * * * calculated to induce agency reliance or action, irrespective of whether actual favorable agency action was, for other reasons impossible” [167 F.Supp. 464] and so established the materiality of the submitted application.

The judgment of the district court will be affirmed.