"Whoever knowingly and willfully makes, or presents any false, fictitious or fraudulent affidavit, declaration, certificate, voucher, endorsement, or paper or writing purporting to be such, concerning any claim for pension or payment thereof, or pertaining to any other matter within the jurisdiction of the Administrator of Veterans' Affairs * * *." Citing Sanchez v. United States, 134 F.2d 279, 282-283 (1st Cir. 1943), certiorari denied sub nom. Tapia v. United States, 319 U.S. 768, 63 S.Ct. 1325, 87 L.Ed. 1717, and other cases, defendants contend that this statute relates only to the subject of pension claims. The Sanchez case followed the Supreme Court's construction of an earlier version of this statute in United States v. Keitel, 211 U.S. 370, 395-397, 29 S.Ct. 123, 53 L.Ed. 230.
And so it has been recognized that a legislative use of the term "jurisdiction", in relation to the functioning of an administrative agency, is not necessarily one of legal technicalness but may be simply a general characterization of the field of powers and duties of that agency in administering or enforcing law. See United States v. White, D.C. S.D.Cal., 69 F. Supp. 562, 564; United States v. Sanders, D.C.S.D.Tex., 42 F. Supp. 436, 439. Cf. also Sanchez v. United States, 1 Cir., 134 F.2d 279, 283. The recent case of Carroll Vocational Institute v. United States, 5 Cir., 211 F.2d 539, has specifically held that it is in this sense that the word "jurisdiction" was intended to be used in 38 U.S.C.A. § 131.
The Administrative Procedure Act, 5 U.S.C.A. § 1001(a) defines agency as "each authority (whether or not within or subject to review by another agency) of the Government of the United States other than Congress, the courts, or the governments of the possessions, Territories, or the District of Columbia." And it has been held that the Veterans Administration is an agency of the United States, Sanchez v. U.S., 1 Cir., 134 F.2d 279, 283; that the Federal Housing Administration is an agency of the United States, Korman v. Federal Housing Administrator, 72 App.D.C. 245, 113 F.2d 743, 745; that the United States Shipping Board was an agency of the United States, Cohn v. United States Shipping Board, 6 Cir., 20 F.2d 56, 59; that national banks are agencies of the United States, Posadas v. National City Bank, 296 U.S. 497, 56 S. Ct. 349, 80 L.Ed. 351; and that an Army Post Exchange is an agency of the Federal government, Standard Oil Co. of California v. Johnson, 316 U.S. 481, 62 S.Ct. 1168, 86 L.Ed. 1611. See Rogers Cartage Co. v. Reynolds, 6 Cir., 166 F.2d 317, page 320, footnote 1.
See United States v. Kapp, 302 U.S. 214, 216-218, 58 S.Ct. 182, 82 L.Ed. 205. See Fuller v. United States, 9 Cir., 110 F.2d 815, certiorari denied, 311 U.S. 669, 61 S.Ct. 29, 85 L.Ed. 430; Sanchez v. United States, 1 Cir., 134 F.2d 279, certiorari denied, Sanchez Tapia v. United States, 319 U.S. 768, 63 S.Ct. 1325, 87 L.Ed. 1717; United States v. Barra, 2 Cir., 149 F.2d 489. The War Assets Administration representative in charge of the surplus property sale at Port Hueneme testified that on July 11, 1946, veterans, and several other priority groups, such as non-veteran automobile dealers, and Federal Government, State, and municipal agencies could purchase on a first-come-first-served basis, without any priority as to each other.
Marx v. United States, 8 Cir., 86 F.2d 245; Hogg v. United States, 5 Cir., 53 F.2d 967, certiorari denied 285 U.S. 556, 52 S.Ct. 457, 76 L.Ed. 945; West v. United States, 8 Cir., 15 F.2d 916; Zottarelli v. United States, 6 Cir., 20 F.2d 795. This is true although it appears unequivocally that the witness was mistaken in respect to a particular matter, e.g. the year in which something occurred, Sanchez v. United States, 1 Cir., 134 F.2d 279; or that his testimony on some matters was uncertain or vague, United States v. Greenstein, 2 Cir., 153 F.2d 550. An egg candler employed by Nye Nissen was allowed to testify that she was once directed to candle U.S. Special eggs; that she saw the cases so graded being inspected by an Army inspector later on the same day; that the inspector stamped each of the cases when he finished examining them; that the witness was then instructed to remove the eggs from the inspected and stamped cases, and to replace them with eggs which she observed to be much inferior; that after the inferior eggs were substituted, she heard the lids being nailed on the cases.
A criminal defendant has no absolute federal constitutional right to bail pending appeal from a conviction. Sanchez v. United States, 134 F.2d 279, 284 (1st Cir. 1943); Finetti v. Harris, 609 F.2d 594, 599 (2d Cir. 1979); Hamilton v. New Mexico, 479 F.2d 343, 344 (10th Cir. 1973). Once a state provides for bail pending appeal, however, the Eighth and Fourteenth Amendments to the United States Constitution prohibits the state from denying bail arbitrarily or in a discriminatory fashion.
In his first cause of action, plaintiff alleges that in December 1941 he was convicted of a crime in the United States District Court for the District of Puerto Rico and that he has served the sentence imposed for that crime. From the opinion affirming that conviction, Sanchez v. United States, 134 F.2d 279 (1st Cir. 1943), cert. denied, 319 U.S. 768, 63 S.Ct. 1325, 87 L.Ed. 1717 (1943), it appears that plaintiff was convicted of soliciting unlawful fees from a veteran and making a false affidavit in regard to the veteran's application for a pension. Plaintiff alleges that this conviction was obtained through the fraud of many individuals, including the United States District Attorney, the counsel who defended plaintiff in that action, and the United States District Judge, all of whom are also named as defendants.
"The term `agency' includes any department, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense." The following have been held to be "agencies" within § 1001, supra: Federal Bureau of Investigation, United States v. Stark, D.C.Md. 1955, 131 F. Supp. 190; War Assets Administration, Todorow v. United States, 9 Cir., 1949, 173 F.2d 439, certiorari denied 1949, 337 U.S. 925, 69 S.Ct. 1169, 93 L.Ed. 1733; exclusion board in military area established under Executive Order, United States v. Meyer, 2 Cir., 1944, 140 F.2d 652; Veterans' Administration, Sanchez v. United States, 1 Cir., 1943, 134 F.2d 279, certiorari denied 1943, 319 U.S. 768, 63 S.Ct. 1325, 87 L.Ed. 1717; Commodity Credit Corporation, Spivey v. United States, 5 Cir., 1940, 109 F.2d 181, certiorari denied, 1940, 310 U.S. 631, 60 S.Ct. 1079, 84 L.Ed. 1401. Although this list is by no means exhaustive, no case has been found in which there has been a prosecution under § 1001, for false statements made by a witness in the course of proceedings before the federal Grand Jury.
Korman v. Federal Housing Administrator, (District of Columbia C.C.A.), 113 F.2d 743 at 745; Sunshine Anthracite Coal Co. v. Adkins, (Ark.) 31 F. Supp. 125 at 130; Sanchez v. United States (1st C.C.A.) 134 F.2d 279 at 283; City of Philadelphia v. National Surety Corp. (Pa.), 48 F. Supp. 381 at 383; United States v. Golden Gate Bridge and H. Dist., (Cal.) 37 F. Supp. 505; Board of Education, Etc. v. Home Real Estate Imp. Corp., (Ill.), 38 N.E.2d 17; City of Middlesboro v. Kentucky Utilities Co., (Ky.) 146 S.W.2d 48; Craig v. Federal Land Bank of New Orleans, (Miss), 194 So. 589 at 592; Federal Land Bank of New Orleans v. Garner, (Miss.) 184 So. 469; Cohn v. United States Shipping Board, (6th C.C.A.), 20 F.2d 56; Commissioner of Internal Revenue v. Harlan, (9th C.C.A.) 80 F.2d 660; Helms v. Emergency Crop Seed Loan Office, (N.C.) 5 S.E.2d 822; Roberts v. Federal Land Bank of New Orleans, (Miss.), 196 So. 763; Montana Nat. Bank v. Yellowstone County, (Mont.)
The Veterans' Administration is an agency of the United States. ( Sanchez v. United States, 134 F.2d 279, certiorari denied, 319 U.S. 768.) The Administrator of Veterans' Affairs is the official head of the Veterans' Administration.