Hubbard v. United States, 514 U.S. 695, 4 (1995)

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698

HUBBARD v. UNITED STATES

Opinion of the Court

er's home and in a nearby warehouse. Petitioner's response to the trustee's discovery motion incorrectly stated that petitioner had already turned over all of the requested records.

When the misrepresentations came to light, petitioner was charged with three counts of making false statements under 18 U. S. C. § 1001.1 That statute provides:

"Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both."

Relying on our decision in United States v. Bramblett, 348 U. S. 503 (1955), the District Court instructed the jury that a bankruptcy court is a "department . . . of the United States" within the meaning of § 1001. The jury convicted petitioner on all three § 1001 counts, and the District Court sentenced him to concurrent terms of 24 months' imprisonment.

On appeal to the Court of Appeals for the Sixth Circuit, petitioner argued that his convictions under § 1001 were barred by the so-called "judicial function" exception. First suggested over 30 years ago in Morgan v. United States, 309 F. 2d 234 (CADC 1962), cert. denied, 373 U. S. 917 (1963), this doctrine limits the extent to which § 1001 reaches conduct occurring in the federal courts. Under the exception, only those misrepresentations falling within a court's "administrative" or "housekeeping" functions can give rise to liability

1 Petitioner was also charged with, and convicted of, bankruptcy fraud and mail fraud under 18 U. S. C. §§ 152 and 1341 (1988 ed. and Supp. V). The validity of those convictions is not before us.

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