wells et argued november decided february held respondents preliminary arguments block reaching question writ certiorari granted although government proposed jury instructions effect materiality element federal rule criminal procedure doctrines law case invited error prevent government taking contrary position although indictment charged respondents submitting material false statements law case doctrine prevent government arguing materiality element government failed argue inits initial briefs submitted appeals materiality element supplemental filings thus invited error doctrine prevent government taking opposite position pp materiality falsehood element crime knowingly making false statement federally insured bank pp falsehood materiality natural tendency influence capa bility influencing decision body addressed kungys element first criterion statutory interpretation hierarchy natural reading full text see american trucking section text criminalizes knowingly mak ing false statement report purpose influencing way action federally insured bank upon application advance commitment loan nowhere says material fact must subject false statement much mentions materiality contrary terms cover false statement meets statute requirements term false statement carries general suggestion influential significance see kungys supra respondents come close showing common law term false statement acquired implication materiality came see nationwide mut ins darden finally statutory history confirms natural reading congress enacted consolidated one section three prior provisions included explicit materiality requirement ten congress enacted provisions included express materiality requirements likely inference congress intend materiality element shabani addition congress enacted kay stands way assumption congress might understood contain implicit materiality requirement pp respondents arguments affirmance congress ratified decisions holding materiality element repeatedly amending statute without rejecting decisions failure reviser note mention section omission materiality element contained three thirteen predecessor statutes means congress must overlooked issue materiality must read statute avoid improbability congress intended impose substantial criminal penalties relatively trivial innocent conduct ruleof lenity must applied unavailing change straightforward reading pp since respondents arguments instruction taking materiality jury probably left impression respondents statements alleged material instructions influenced jury passing falsity purpose elements indictment alleged materiality ruling materiality need shown case impermissibly amend indictment contrary fifth amendment neither raised respondents briefs passed eighth circuit left remand take propriety raising address warranted pp vacated remanded souter delivered opinion rehnquist scalia kennedy thomas ginsburg breyer joined stevens filed dissenting opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions wash ington typographical formal errors order corrections may made preliminary print goes press petitioner jerry wells kenneth steele writ certiorari appeals eighth circuit february justice souter delivered opinion principal issue us whether materiality falsehood element crime knowingly making false statement federally insured bank hold government charged respondents jerry wells kenneth steele violating conspiring violate cited statute officers part owners copytech systems lessor office copiers monthly fee covering use equipment service might required raise cash copytech sold interest income stream contracts banks count indictment government charged respondents conspiring violate concealing several banks true contractual terms respondents supposedly conspired provide banks versions lease contracts purporting indicate copytech customers responsible servicing equipment fact secret side agreementsplaced responsibility copytech cost lessees see app government alleged respondents concealed service obligations order avoid tying needed cash reserve accounts banks might required copytech maintain known company servicing obligations count ii respondents charged violating giving bank forgeries respondents wives signatures personal guaranties designed enable bank pursue wives assets copytech defaulted liability bank see app count indictment charged respondents submitting one statements false material app end trial district instructed jury government behest withholding material fact made statement representation false defined material fact one important reasonable person deciding whether engage engage particular transaction although controversy law stated instructions government argued materiality judge determine respondents said issue jury nn following eighth circuit precedent prevailing district agreed government told jury materiality statement alleged false matter areconcerned considered determining guilt innocence defendant app jury convicted respondents counts treated statements material respondents appealed appeal pending decided gaudin parties agreed materiality element disputed whether materiality question judge jury slip applying rule constitution gives criminal defendant right jury determine guilt every element crime charged held jury entitled pass materiality gaudin statements slip appeals case requested supplemental briefing applicability gaudin respondents argued materiality element entitled jury determination government argued first time materiality element harm done judge dealt issue appeals agreed respondents vacated convictions sentences remanded case new trial granted government petition certiorari decide whether materiality false statement report element wenow vacate remand first address respondents efforts block us reaching question granted certiorari given government proposal jury instructions effect materiality element respondents argue federal rule criminal procedure doctrines law case invited error bar government taking position materiality element none reasons stands way reaching merits rule applicable see fed rules crim proc provides party may assign error portion charge given jury unless party objects thereto jury retires consider verdict government challenging jury instruction effort impute error trial merely arguing instruction proposed harmless surplusage insofar directed jury two doctrines respondents correct several courts appeals ruled government accepts jury instructions treating fact element offense law case doctrine precludes government denying appeal thatthe crime includes element see killip cert denied sub nom krout tapio spletzer also correct courts appeals stated broadly invited error doctrine party may complain appeal errors invited provoked district commit sharpe quoting harvis roadway express cert denied however valuable doctrines may controlling party wishes change position way district appeals dispositively oust traditional rule may address question properly presented petition certiorari pressed passed appeals williams internal quotation marks emphasis omitted accordingly treated inconsistency party request jury instruction position one several considerations bearing whether decide question granted certiorari see springfield kibbe seems sensible reach question presented question materiality element raised appeals ruled clearly set forth certiorari petition fully briefed argued reaching issue excuse inattention reward cunning time respondents trial eighth circuit assumed government bound prove false statement materiality element see ribaste mcknight treated issue one judge jury see ribaste supra since government confident evidence materiality satisfy circuitrule reason address element drafted indictment proposed jury instructions gaudin rendered reversible error assign required materiality ruling government suddenly reason contest requirement show materiality nothing government done disqualifies chance make position good accordingly consider whether materiality falsehood element understanding term question mean ha ving natural tendency influence capable influencing decision decisionmaking body addressed kungys internal quotation marks omitted see also gaudin supra slip begin text see community creative non violence reid section criminalizes knowingly mak ing false statement report purpose influencing way action fdic insured bank upon application advance commitment loan nowhere say material fact must subject false statement much mention materiality contrary terms cover false statement meets requirements statute term false statement carries general suggestion influential significance see kungys supra cf kay thus first criterion interpretive hierarchy natural reading full text see american trucking materiality element respondents come close showing common law term false statement acquired implication materiality came course presume congress incorporates common law meaning terms uses terms accumulated settled meaning common law statute otherwise dictat nationwide mut ins darden quoting communityfor creative non violence reid supra respondents however make claims settled meaning false statement common law merely note common law crimes involving false statements perjury required proof materiality see brief respondents congress codify crime perjury comparable common law crimes discuss next simply consolidated statutory provisions relating financial institutions fact enacted aseparate general perjury provision see stat statutory history confirms natural reading congress originally enacted part recodification federal criminal code stat explicitly included materiality provisions involving false representations even significantly provisions brought together previously contained express materiality provision received none recodification ofthe contained express materiality requirements lost course consolidation seewilliams likely inference circumstances congress deliberately dropped term materiality without intending materiality element see shabani two three offenses express materiality requirement dropped used term representation see supra thus included materiality element implicitly see kungys noting misrepresentation held imply materiality remaining eleven clear opinion kay kay construed one ten statutes later mirrored language petitioner claimed statements made endanger directly influence loan made decisionmaker thought arguments unimpressive explained lie one knowingly making false statements intent mislead officials corporation say statements influential information important question congress entitled require information given good faith falsely intent mislead whether corporation act favorably loanis matter concerns one seeking deceive false information case one action damages criminal liability actual damage ingredient offense although courts read kay holding need government prove false statements actually influenced decisionmaker see goberman opinion speaks importance statements well efficacy one reading kay reasonably assumed criminal falsity presupposed materiality since presume congress expects statutes read conformity precedents see north star steel thomas slip since relevant language statute kay substantially like kay stands way assumption congress might understood express materiality provision redundant respondents remaining arguments affirmance unavailing contend congress ratified holdings courts appeals materiality element repeatedly amending statute without rejecting decisions significance subsequent congressional action inaction necessarily varies circumstances finding interpretive help congressional behavior impossible since congress amended modify list covered institutions toincrease maximum penalty without ever touching original phraseology criminalizing false statement made purpose influencing actions enumerated institutions thus legislative silence crucial statutory language frequently cautioned best treacherous find congressional silence alone adoption controlling rule law nlrb plasterers quoting girouard even silence speak speak unequivocally issue since years judicial opinion divided whether includes materiality element see supra previously described elements without mention materiality see williams thus impossible say view congress might endorsed see fogerty fantasy respondents also rely reviser note discussed consolidation provisions one explained apart two changes relevant consolidation without change substance historical revision notes following respondents say revisers failure mention omission materiality text means congress must completely overlooked issue brief respondents surely indication staff experts prepared legislation muniz hoffman either overlooked chose say nothing changing language three former statutes nothing muddy ostensibly unambiguous provision statute enacted congress cf consumer product safety gte sylvania bsent clearly expressed legislative intention contrary statutory language must ordinarily regarded conclusive event revisers assumption consolidation made substantive change simply wrong respondents candidly conceded oral argument failed discover single case holding predecessor statutes lacking materiality requirement implicitly contained one decision kay congress assumed materiality element implicit comparable statute silent issue see supra dropping materiality element fromthe three statutes reasonably seen making change write revisers notes proven fallible see state farm fire casualty tashire respondents next urge follow reasoning courts appeals reading materiality statute avoid improbability congress intended impose substantial criminal penalties relatively trivial innocent conduct see williams staniforth think clear call take course true held inapplicable depositing false checks bank part thought surprisingly broad range unremarkable conduct violation federal law williams supra elsewhere thought possible construe prohibition narrowly loose mens rea requirement otherwise resulted surprisingly broad statutory sweep see citement video unqualified reading poses risk criminalizing much conduct suggest congress meant something short straightforward reading language makes false statement one enumerated financial institutions crime speaker knows falsity says intends influence institution statement made purpose influencing bank usually something banker regard trivial relatively rare government able prove false statement made subjective intent influencing decision unless first prove statement natural tendency influence decision kungys hence literal reading statute normally take scope beyond limit materiality requirement impose finally rule lenity help respondents rule lenity applies seizing everything aid derived make guess congressintended reno koray slip quoting smith ladner read straightforwardly reveals ambiguity mens rea requirements narrow sweep statute case guesswork reaching lenity respondents advance two reasons affirm appeals judgment even assumption materiality element according respondents trial judge instruction materiality statement alleged false matter concerned considered determining guilt innocence defendant app probably left jurors impression statements alleged material impression improperly influenced jury passing elements falsity purpose respondents also suggest indictment alleged materiality ruling materiality need shown case impermissibly amend indictment contrary fifth amendment requirement person shall held answer capital otherwise infamous crime unless presentment indictment grand jury amdt since respondents failed raise either issues briefs appeals pass questions leave appeals remand take propriety raising issues address warranted judgment appeals vacated case remanded proceedings consistent opinion ordered petitioner jerry wells kenneth steele writ certiorari appeals eighth circuit february justice stevens dissenting violation crime punishable years prison fine convinced congress intend draconian statute apply immaterial falsehoods even made purpose currying favor bank loan officer contrary conclusion relies heavily three dubious assumptions decision kay speaks issue case revisers erred advising us consolidation earlier statutes change law flattery bank officers uncommon disagree assumptions opinion kay majority relies address issue case however illuminate problems holding today kay convicted making false statements home owners loan act falsely stated amount claims presented settlement two four times actual value among challenges kay pressed thiscourt argument convicted government produced evidence false statement effect actions loan corporation ibid rightly rejecting argument reasoned whether corporation act favorably loan matter concerns one seeking deceive false information case one action damages criminal liability actual damage ingredient offense difference issue kay issue case however illustrate importance holding today conceivably prohibition making intentional false statements might encompass four different categories lies including idle conversation lies intended encourage favorable response including mere flattery material misstatements materialmisstatements relied upon deceived decisionmaker kay held coverage one predecessor statutes became broader fourth category opinion embraces third category however concludes encompasses second category call flattery category even though label adequately describe breadth construed covers false explanations arriving late meeting false assurances applicant mind loan officer lights cigar false expressions enthusiasm results football game election well false compliments subject family photograph long false statement made purpose influencing bank officer violates ante history also refutes interpretation statute prior codification three statutes became part included express materiality requirement others reviser note amalgamation statutes made change substance law majority today interpreting making substantial change law concludes reviser simply wrong ante plausible explanation shows reviser fact correct prior codification federal appears held predecessor statutes encompassed immaterial statements least two cases however held assumed nonexplicit statutes contain materiality requirement see mcclanahan kreidler supp sd iowa given federal cases absence common law precedent punishing immaterial false statements far likely revisers assumed statutes included common law requirement materiality congressional silence intended make dramatic change law judgment fact materiality element expressly included predecessor statutes implicitly included others explains reviser note accurately state omission express reference materiality change substance least three additional reasons support conclusion revisers correctly assumed thefederal statutes criminalizing false statements included materiality requirement sometimes implicit sometimes explicit first contrary assertion crimes involving false statements common law heritage includes assumption materiality requirement conclusion consistent prior holding term misrepresentation displaced persons act stat implicitly contained materiality requirement see federenko today discounts significance holding assumes common law critical difference misrepresentation false statement ante however kungys draws inference made perfectly clear false statements share common law ancestry misrepresentations common law neither term included immaterial falsehoods mere flattery second least federal false statement statutes may found code contain express materiality requirement approximately kinds false statements found first category eyes least indistinguishable second category obvious distinction range punishments authorized two different groups statutes moreover statutes one construed gaudin criminalize two equally culpable categories false statements include explicit materiality requirement one category see slip rehnquist concurring itseems farfetched congress made deliberate decision include omit materiality requirement every time created false statement offense far likely view congress simply assumed government gaudin materiality requirement implied wherever explicit third revised time different view statutory interpretation held sway congress enacted current version law period marked spirit cooperation congress federal judiciary congress looked courts play important role lawmaking process relying common law tradition common sense fill gaps law even imply causes action remedies set forth statutory text three years earlier one greatest judges era indeed era admonished us make fortress dictionary cabell markham approach questions statutory construction changed significantly since time textual lens views work product revisers dramatically different contemporary legal context labored entirely reasonable congress revisers assume judiciary imply materiality requirement routine aspect common law litigation false statements indeed subsequent history confirms reasonableness assumption vast majority judges confronted question found implicit materiality requirement recognizes one courts appeals held ante moreover case gaudin prosecutor initially proceeded assumption nonexplicit statute contained implicit materiality requirement failed convince us gaudin materiality issue resolved judge rather jury government switch position urge us reject assumption entirely precedent statutory history refute position decision today must persuade basis textual analysis congressional silence convincing resulting interpretation unlikely even recent jurisprudence affirms purpose congress ultimate touchstone gade national solid wastes management internal quotations omitted mindful dictate courthas routinely rejected literal statutory interpretations lead anomalous results see ins cardoza fonseca scalia concurring judgment citing cases especially willing reject purely literal reading federal statute expand coverage far beyond common law antecedent majority acknowledges first time interpret make surprisingly broad range unremarkable conduct violation federal law ante quoting williams congress seems recognize intended someone spend years prison falsely flattering bank officer purpose ofobtaining favorable treatment yet justifies interpretation statute positing literal reading normally extend statute beyond limit materiality requirement impose ante making assertion correctly avoids relying prosecutors bring frivolous cases rather appears made empirical judgment false statements usually trivial matter government relatively rare ly able prove nonmaterial statements made purpose ofinfluencing decision ibid sure know determined attempted flattery less common false statements material facts even unusual nature trivial statements provides scant justification reaching conclusion congress intended peccadillos constitute felony today misconstrues history precedents holding statute contain basic materiality requirement confidently asserts almost every interpret revisers statute courts discussing kay simply wrong unwarranted confidence one ability ascertain truth prompted many victim deception make false statement flattery get nowhere appears flattery may get federal prison respectfully dissent footnotes title makes crime conspire commit offense government also charged respondents three counts violating district dismissed one count prior trial granted judgment acquittal two brief respondents brief federal courts appeals held materiality element compare lopez cert denied ryan unitedstates bonnette cert denied thompson spears staniforth theron marshal cert denied haddock cert denied rapp cert denied sub nom bazarian holding materiality element cleary concluding materiality element cert denied sub nom passarelli context law case doctrine something misnomer counsel abide prior decision given case goes rather appellate relationship trial see wright miller cooper federal practice procedure respondents offer variations law case invited error doctrines addition arguing law case doctrine holds government position took jury instructions respondents contend doctrine holds government position adopted indictment see brief respondents citing norberg reasons set forth text latter version doctrine stand way reaching question presented along arguing government invited error district proposing jury instructions respondents claim government invited error appeals failing argue materiality element initial brief claim wrong appeals requested supplemental briefing government argued materiality element therefore hardly invited contrary ruling springfield kibbe dismissed writ certiorari prudential grounds part petitioner like government sought revers judgment jury instructions petitioner accepted indeed requested contrast case hand however petitioner kibbe appeals raised issue critical resolving question presented petition writ certiorari appeals considered related issue petitioner explicitly raised related issue certiorari petition see also williams discussing kibbe appeals also appears understood materiality meaning see relying adler defined materiality natural tendency influence capable influencing entity decision internal quotation marks omitted pertinent text whoever knowingly makes false statement report willfully overvalues land property security purpose influencing way action institution accounts insured federal deposit insurance corporation upon application advance discount purchase purchase agreement repurchase agreement commitment loan change extension renewal deferment action otherwise acceptance release substitution security therefor shall fined imprisoned years justice stevens argues four criminal acts false statement listed fact involve material misstatements follows theories ejusdem generis noscitur sociis false statements must also shown material post follow question whether specified categories statements almost certainly material statements point fact like false statements made purpose influencing lender four criminal acts virtually always involve material misstatements question however whether materiality must proven separate element question list criminal acts none expressly described material premise dissent conclusion ejusdem generis noscitur sociis canons fedorenko help respondents fedorenko agreed government even though phrase willfully make misrepresentation displaced persons act stat use term material nonetheless applied willful misrepresentations material facts dissent argues reach similar conclusion kungys made clear misrepresentation false statement par common law post passage kungys quoted dissent addressed historic meaning term material see common law meaning misrepresentation false statement although kungys supports view materiality meaning criminal statutes prohibit falsehoods public officials whether statutes refer misrepresentations see form false statements see id mean misrepresentation false statement identical carrying implicit requirement materiality indeed kungys distinguished common law meaning misrepresentation false testimony concluding former held carry materiality requirement many contexts terms false falsity frequently carry implication fundamentally disagree colleague apparent view term element common law crime carries every aspect common law crime whenthe term used statute justice stevens seems assume false statement element perjury perjury criminalizes material statements statute criminalizing false statements covers material statements see post parity reasoning common law perjury involved statements oath statute criminalizing false statement reach statements oath impossible believe congress intended impose restrictions sub silentio however rule imputing common law meaning statutory terms sweep broadly see stat entitled perjury generally prohibiting statements oath regarding material matter one believe true stat entitled statements entries generally prohibiting inter alia knowingly willfully falsif ying material fact see ed mak ing statement knowing false purpose influencing ed knowingly mak ing false statement application loan ed mak ing statement knowing false purpose obtaining advance ed willfully overvalu ing property offered security ed mak ing statement knowing false ed mak ing statement knowing false purpose obtaining ed willfully overvalu ing property offered security ed mak ing statement knowing false purpose influencing ed mak ing statement knowing false purpose influencing ed mak ing statement knowing false forthe purpose obtaining purpose influencing see ed making material representation ed making material statement ed making material representation justice stevens suggests discern meaningful difference subject matter penalties involved sections code criminalizing false statements expressly include materiality requirement sections criminalizing false statements lack express materiality requirement must infer congress intended sections include materiality element see post words congress must thought including materiality statutes surplusage course contrary presumption term criminal statute carries meaning see bailey slip moreover dissent approach statutory interpretation leads remarkable results statutes cited dissent contain variety different requirements example criminalize statements made particular intent see others see colleague reasoning unless readily discern meaningful difference two categories statutes apart language used import mens rea requirements expressly appearing sections lack compare home owners loan act stat providing hoever makes statement knowing false whoever willfully overvalues security purpose influencing way action home owners loan corporation board association upon application advance discount purchase repurchase agreement loan act extension thereof renewal deferment action otherwise acceptance release substitution security therefor shall punished fine imprisonment two years enacted stat providing hoever knowingly makes false statement report willfully overvalues land property security purpose influencing way action enumerated institutions upon application advance discount purchase purchase agreement repurchase agreement commitment loan change extension renewal deferment action otherwise acceptance release substitution security therefor shall fined imprisoned two years ultimately uphold conviction kay vacated lower judgment free address separate issue relating indictment see pub stat adding fdic insured banks list covered institutions pub stat increasing maximum punishment level fine two years imprisonment years imprisonment pub stat increasing maximum prison term years rely legislative history reports help respondents see pp addressing amendment adding fdic insured institutions describing statute provid ing penalties making false statements reports connection loans similar transactions pt amendment increasing maximum prison term years fine describing deal ing false statements loan credit applications pt amendment increasing maximum prison term years describing relating fraudulent loan credit applications two substantive changes adoption single punishment identical punishment set forth majority predecessor statutes enumeration uniform definition types transactions covered statute newly phrased composite existing terms see historical revision notes following dissent contends mcclanahan kreidler supp sd iowa held assumed two statutes without explicit materiality requirement nonetheless carried implicit one revisers likely assumed statutes consolidated contained materiality requirement post neither case however held one predecessor statutes contained materiality requirement kreidler defendant challenged indictment home owners loan act provision issue two years later kay see supra arguing statement must material calculated deceive kreidler district simply assume statement must relevant material found indictment satisfied requirements question mcclanahan whether defendant prosecution federal farm loan act stat ed beyond congress constitutional power statute limit punishable statement relate material proposed loan upheld constitutionality statute stating probability concluded wholly frivolous unrelated false statements made loan application supply basis prosecution section made clear dicta explained next sentence question relevancy alleged false statements knowingly made case determining revisers might thought words meant think far likely relied clear implication decision kay rather dicta two earlier district appeals cases historical revision notes following false statements charged proved wholly frivolous unrelated probability concluded supply basis prosecution act may assume statement likely influence one exercising common prudence caution support charge must relevant material argues cases persuasive hold relevant predecessor statutes contained materiality requirement ante even true fact remains reported cases address issue stated statutes contain materiality requirement natural inference prevailing view time therefore prevailing view congress enacted false statements material result criminal penalties instead cases asserts congress likely relied clear implication decision kay ibid difficult see congress relied clear implication opinion way address materiality instead holds reliance requirement see goberman kernodle supp mdnc historical revision notes following term material hapax legomenon use context false statements public officials goes back far lord coke defined crime perjury follows perjury crime committed lawful oath ministred hath authority person judicial proceeding sweareth absolutely falsely manner material issue cause question act subornation others coke institutes ed blackstone used term explaining order constitute crime wilful corrupt perjury false statement must point material question dispute trifling collateral circumstance regard paid punishable blackstone commentaries see also hawkins pleas crown ch curwood ed given common law antecedents unsurprising number federal statutes criminalizing false statements public officials use term material emphases added see also saks gaudin decision material impact ford rev tracing federal false statement statutes backto common law contrary assertion ante assume congress criminalizes element common law crime federal offense carries every element common law crime presume however congress criminalizes element common law crime intends element meaning common law judge kozinski catalogued statutes dissenting opinion gaudin nn made assumption share materiality requirement probably implied every one statutes contain express requirement see felony knowingly make statement false misleading respect material fact report required statute futures association penalizing knowing willful false statement material fact application status special agricultural worker penalizing knowing willful false statement material fact application special status virtue entering penalizing improper entry virtue willful false statement material fact perjury military proceeding maximum five year sentence knowing fraudulent receipt material amount property intent defeat bankruptcy code maximum prison term two years entry goods means material false statement maximum one year prison term false statement material fact knowingly made obtain unemployment compensation federal service maximum five year prison term person knowingly willfully covers material fact customs official maximum two year prison term knowingly making false statement material fact intent toinfluence tariff adjustment maximum one year prison term knowingly making false statement material fact seeking relief injury section maximum two year prison term making false statement material fact purposes obtaining relief injury trade act maximum one year prison term knowingly willfully concealing material information connection assignment federally insured student loan maximum one year prison term knowingly making false statement material fact seeking cultural art development grants maximum six month prison term willfully making false statement material fact registering distribute political propaganda maximum year prison term willfully making untrue statement material fact report required control arms exports imports maximum three year prison term willfully making false declaration material matter regarding income taxes penalty perjury maximum five year prison term knowingly willfully making misrepresentation material fact examination campaign matching payment account maximum one year prison term person knowingly makes false statement material fact report required section maximum one year prison term knowing misrepresentation material fact report labor organization must file assumes trusteeship subordinate organization prohibiting material omission misstatement fact report monetary instruments transactions maximum five year prison term knowingly making false statement material fact sale state items services funded federal government medicare maximum five year prison term knowingly willfully making false statement material fact hmo financial disclosure maximum five year prison term knowingly willfully making false statement material fact sale state items services subsidized federal government formula grants care aids patients funds aids prevention funds social security maximum five year prison term knowingly willfully makingfalse statement material fact application payments federally approved plans medical assistance maximum one year prison term knowingly willfully making false statement material fact application supplemental security income benefits penalizing knowingly false information purpose establishing eligibility vote penalizing knowing willful misstatement concealment material fact application record required chapter maximum two year prison term knowingly making false material statement compliance documents maximum two year prison term knowingly making false material statement compliance documents maximum two year prison term knowingly making false material statement documents required chapter person application financial aid merchant marine act willfully makes untrue statement material fact guilty misdemeanor maximum five year prison sentence knowingly making false statement material fact declaration citizenship shipping act app maximum five year prison term knowingly making false statement material fact secure required approval secretary transportation app maximum three year prison term knowingly willfully falsifying concealing material fact obtain faa certificate maximum five year prison term willfully making false statement material fact registration statement app maximum two year prison term knowingly furnishing information false misleading material respect regarding renegotiation airplane contracts see penalizing make false statement application tax payment warrant punishing obtain funds puerto rico block grant false statement barring false unwarranted statements regarding fluid milk products penalizing false statement administration insurance fund penalties perjury penalizing false entries book report statement bank holding company penalizing false statement ftc offenses penalties forcertain crimes related commerce trade punishing knowingly false statement commodity credit corporation penalizing false statement report required horse protection act penalizing false statement behalf tennessee valley authority penalizing false claims government penalizing false claims postal losses penalizing false claims pensions penalizing knowing false statement information gun dealers must provide penalizing knowing false statement sale mortgage federal land bank penalizing intentional false entry book department housing urban development penalizing false statement influence federal loan credit agency penalizing false statement naturalization proceeding penalizing public official knowingly falsifies official certificate writing penalizing false statement regarding highway projects penalizing false statement regarding farm indebtedness purpose influencing secretary agriculture penalizing false statement documents required erisa penalizing false statement secure indian arts crafts board trademark penalizing willful knowing false statement passport application penalizing false statement immigration documents penalizing falsification postal returns increase compensation penalizing false statement obtain federal employees compensation penalizing willful false statement registering certain organizations penalizing willful false statement intent interfere armed forces war penalizing knowing willful false statement alien procured maintained immoral purposes penalizing false statement seeking compensation loss destruction commercial fishing vessel gear penalizing false statement regarding federal insurance investment foreign nations penalizing false statement regarding registration manufacturer dealer gasoline penalizing false statement health safety report required chapter penalizing false statement document required subchapter governing mine safety health penalizing false statement representation inseeking benefits subchapter governing mine safety health penalizing false statement report submitted reclamation fee penalizing false statement documents required federal program federal lands program regarding surface mining penalizing willful violations subchapter penalizing false statement purpose obtaining workers compensation benefit penalizing false statement corporation governing saint lawrence seaway penalizing knowing false statement record required chapter navigation navigable waters penalizing knowing false statement application waiver premium claim benefits national service life insurance government life insurance penalizing false statement pennsylvania avenue development penalizing false statement obtain social security benefits penalizing false statement connection summer food service programs children service institutions penalizing knowing false information purpose establishing eligibility vote penalizing false statement obtain financial assistance defraud secretary department health human services penalizing false statement documents filed pursuant chapter noise control requirements penalizing knowing false statement application required subchapter submerged public lands penalizing knowing false statement report required subchapter rail road retirement accounts penalizing knowing false statement obtain unemployment insurance penalizing officials knowingly make false statement regarding projects submitted approval secretary transportation see middlesex county sewerage authority national sea clammers stevens concurring judgment part dissenting part fact text supports conclusion false statement intended cover material false statements statute forbids person relevant circumstances making false statement report willfully overvalu ing land property security four covered actions false statement inherently material obviously overvaluing land property security material relevant banking transaction similarly making false report presumably inherently material since information requested report form banks deems capable influencing decision read context drawing standard statutory construction techniques see norfolk western train dispatchers applying ejusdem generis general terms understood context specific ones gustafson alloyd resolving statutory question problem noscitur sociis word known company keeps false statement means false statements material instance citement video held knowingly requirement protection children sexual exploitation act applied age individual visually depicted interpreted statute way even though flew face natural grammatical reading hold otherwise explained lead results absurd similarly staples held national firearms act contained implicit mens rea requirement although one apparent face statute section silent concerning mens rea required violation explained nevertheless silence point necessarily suggest congress intended dispense traditional mens rea element ibid understanding cases also exposes illogic government reliance shabani shabani lacking clear textual directive declined depart common law tradition requiring proof overt act establish conspiracy case course government asks us opposite derogate common law without clear congressional approval consider following scenario crafty home owner need mortgage learned bank loan officer bow tie aficionado purchases first bow tie wear first meeting expected loan officer wearing tie incidentally prospective borrower considers downright ugly nevertheless thinking flattery increase likelihood officer favorably disposed approving loan applicant swallows hard compliments officer tie volunteers information always wears bow tie lie majority interpretation person spend years federal prison made false statement fact day never worn bow tie statement made purpose influencing bank ibid applicant subjectively hoped loan officer flattered feeling sartorial common ground likely approve mortgage well settled courts rely prosecutorial discretion ensure statute ensnare beyond proper confines see baggett bullitt say prosecutor sense fairness constitution prevent successful prosecution activities seemingly embraced within sweeping statutory definitions keyishian board regents univ state answer say statute applied case prosecutors necessarily enjoy much discretion generally use wisely liberty citizens rest whim individual grudge perhaps exercise bad judgment