Counsel can argue that a federal conviction of bank fraud under 18 U.S.C. 1344(b) ("false or fraudulent" representations) might not be CMT under the reasoning of Hirsch v.INS, 308 F.2d 562 (9th Cir. 1962). There are circumstances in which one could obtain property under the control of the bank (e.g., from one's own safe deposit box), under false, but not fraudulent pretences, (e.g., saying I lost the key, where in fact, estranged wife had taken it to prevent sale of assets before court injunction could be obtained).
In Matter of Espinosa 10 I. & N. Dec. 98 (BIA 1962), the Board seemed to endorse the Hirsh line of thinking.
Thanks to Lisa Brodyaga.