United States v. Robert G. Bedore, A/K/A Bedord

Bedord appeals from his conviction for a violation of 18 U.S.C. § 1001 (knowing false statements “in any matter within the jurisdiction of any department or agency of the United States”).

On June 19, 1970, Special Agent Henry of the Federal Bureau of Investigation went to Bedord’s home to locate Bedord for whom a subpoena was outstanding. The subpoena directed Be-dord to appear at the trial of one Milford Cook. The subpoena was in the possession of a deputy marshal who had earlier called when Bedord was not at home. When Bedord answered the door, Henry identified himself as an FBI agent, told Bedord that he was looking for Robert G. Bedord for service of a subpoena, and asked him his name. Be-dord said he was Tom Halstead, who was, in fact, Bedord’s roommate. Henry asked him to tell Bedord to call the United States Attorney when Bedord contacted “Halstead.”

We hold that Congress did not intend section 1001 to apply to Bedord’s giving a false name to Henry, because his response was not within the class of false statements that section 1001 was designed to proscribe.

Section 1001 provides:

If the italicized portion of section 1001 were read literally, virtually any false…