Matter of Kochlani, 24 I. & N. Dec. 128 (BIA 2007) (federal conviction of trafficking in counterfeit goods or services in violation of 18 U.S.C. 2320 (2000) [traffic in goods or services and in doing so knowingly used a spurious trademark that was likely to confuse or deceive others] is a crime involving moral turpitude;
"As Congress made clear when enacting 18 U.S.C. 2320, Trademark counterfeiting . . . defrauds purchasers, who pay for brand-name quality and take home only a fake, but it also exploits mark holders, since counterfeiters [can earn] enormous profits . . . by capitalizing on the reputations, development costs, and advertising efforts of honest manufacturers at little expense to themselves.
S. Rep. No. 98-526, at 4-5 (1984), as reprinted in 1984 U.S.C.C.A.N. 3627,
3630-31; see also United States v. Hon, supra, at 806.").
http://www.usdoj.gov/eoir/vll/intdec/vol24/3559.pdf



NOTE: The BIA acknowledged that it was possible to be convicted under 18 U.S.C. 2320(a) without proving that the trafficker knew the act was criminal, or that the trafficker intended to defraud the potential buyer. Nevertheless, the BIA found that the offense was inherently fraudulent, and therefore a CMT, citing Matter of Tejwani, 24 I&N Dec. 97, 98 (BIA 2007) (citing Carty v. Ashcroft, 395 F.3d 1081 (9th Cir. 2005); Matter of Flores, 17 I&N Dec. 225 (BIA 1980)). The BIA announced generally that "trafficking in counterfeit goods is inherently immoral because it entails dishonest dealing and deliberate exploitation of the public and the mark owner." The BIA also noted that, "for purposes
of Federal criminal sentencing, trafficking in counterfeit goods is classified
as a crime involving theft or fraud. See U.S. Sentencing Guidelines Manual
2B5.3 & cmt. background (2006) ("This guideline treats copyright and
trademark violations much like theft and fraud.")."