Thompson v. United States
No. 23-1095 · Decided March 21, 2025 · vacated and remanded
Does 18 U. S. C. § 1014 criminalize statements that are misleading but not false? 18 U. S. C. § 1014 does not criminalize statements that are misleading but not false.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT · Argued January 14, 2025
Parties — Petitioner: THOMPSON · Respondent: UNITED STATES
Vote & lineup9–0 (unanimous) on the judgment. Roberts delivered the opinion for a unanimous Court (9). Concurrence(s): Alito, Jackson.
Who prevailed — The petitioner prevailed; his conviction was vacated and the case was remanded for further proceedings.
The question

Does 18 U. S. C. § 1014 criminalize statements that are misleading but not false? The case involves whether a defendant can be convicted under this statute for making a statement that is literally true but omits material facts. Specifically, the Court must determine if "false statement" encompasses "misleading representations."

Petitioner's argument
  • His statements were literally true because he had in fact borrowed $110,000 from the bank.
  • A conviction for false statements cannot be sustained where the alleged statements are literally true, even if they are misleading.
  • The statute requires literal falsity rather than mere misleading implications.
Respondent's argument
  • The terms "false" and "misleading" have long been considered synonyms, citing Webster's Dictionary of Synonyms (1942).
  • The word "false" can be understood to mean "deceitful," as noted in Black's Law Dictionary (3d ed. 1933).
  • The use of the word "any" before "false statement" provides an expansive scope to the statute.
  • Precedent in Kay v. United States suggests that predecessor statutes secured protection against both false and misleading representations.
The decision
  • Section 1014, which prohibits “knowingly mak[ing] any false statement,” does not criminalize statements that are misleading but not false.
  • The Court reasons that "false" means "not true," citing Black's Law Dictionary (12th ed. 2024 and 4th ed. 1951), and notes that a statement can be true yet still be misleading, as recognized in Peel v. Attorney Registration and Disciplinary Comm'n of Ill. and Victor v. Nebraska.
  • The Court clarifies that the word "any" is expansive but not transformative; it does not expand the definition of "false" to include all misleading statements, relying on Department of Housing and Urban Development v. Rucker, Freeman v. Quicken Loans, Inc., and Brogan v. United States.
  • Statutory context indicates that Congress knows how to prohibit "misleading" statements because other Title 18 statutes—such as 18 U. S. C. § 1038(a), § 1365(b), and § 1515(b)—and the Securities Act of 1933 expressly use both "false" and "misleading."
  • To interpret "false" as including "misleading" would render the specific inclusion of "misleading" in those other statutes superfluous, violating the principle in Gustafson v. Alloyd Co.
  • Historical context shows that none of the 11 predecessor provisions consolidated into § 1014 used the word “misleading,” while other contemporaneous statutes did, proving Congress knew how to cover such statements per Custis v. United States.
  • Precedent supports this reading: United States v. Wells held that § 1014 does not incorporate a materiality requirement because it is not mentioned in the text, and Williams v. United States established that a statement must be capable of being characterized as “false” and not “true.”
  • The Court rejects the respondent's reliance on Kay v. United States, finding that Kay described the intent to mislead rather than establishing that misleading statements were independently unlawful.
Separate opinions
Alito, concurring
  • Argues that while "false" means "not true," judges and juries must evaluate falsity based on the context in which a statement is made, citing United States v. Briggs and Deal v. United States.
  • Uses hypothetical examples (a child claiming to eat only three cookies when she ate twelve) to illustrate how a literally true statement can be false in context.
  • Notes that because there is no clear line between statements that are "false in context" and those that are "merely misleading," courts should avoid referencing "misleading statements" in § 1014 cases.
Jackson, concurring
  • Argues that the Seventh Circuit will likely affirm the conviction on remand because the jury was properly instructed to find only if Thompson “made the charged false statement[s].”
  • Contends that whether the statements were false is a question for the jury, and since the jury already returned a guilty verdict, the legal issue of falsity is not subject to reasonable debate.