Safe Havens

(B)  Crimes of Moral Turpitude.[106]

            This category of offenses comes up often, and overlaps with other categories, including Crimes Against the Person,[107] e.g., robbery,[108] Crimes Against the Government, [109] e.g., counterfeiting,[110] or fraud, [111] and False Statement Offenses, [112] e.g., forgery. [113] 

            For cases involving consular processing, the State Department has published a list of Property Crimes which do and which do not involve moral turpitude.  This includes offenses involving “fraud.”[114]  In addition, the State Department has listed a number of other property crimes which involve “an inherently evil intent . . . .”[115]  The State Department also listed a number of crimes against property which are not considered to involve moral turpitude.[116]

[106] See N. Tooby, J. Rollin & J. Foster, Crimes of Moral Turpitude § 9.48 (2005).

[107] See § § 8.7 ff., supra.

[108] See § 8.16, infra.

[109] See § § 8.20 ff., infra.

[110] See § 8.23, infra.

[111] See § 8.27, infra.

[112] See § § 8.49 ff., infra.

[113] See § 8.51, infra.

[114] 9 U.S. Dep’t of State, Foreign Affairs Manual (FAM) § 40.21(a) N.2.3-1 states: “Most crimes committed against property which involve moral turpitude include the necessary element of fraud.  The act of fraud involves moral turpitude whether it is aimed against individuals or government.  Fraud generally involves: (1) Making false representation; (2) Knowledge of such false representation by the perpetrator; (3) Reliance on the false representation by the person defrauded; (4) An intent to defraud; and (5) the actual act of committing fraud.”

[115] 9 U.S. Dep’t of State, Foreign Affairs Manual (FAM) § 40.21(a) N.2.3-1(b) (listing arson, blackmail, burglary, embezzlement, extortion, false pretenses, forgery, fraud, larceny (grand or petty), malicious destruction of property, receiving stolen property (with guilty knowledge), robbery, theft (when it involves the intention of permanent taking), and transporting stolen property (with guilty knowledge).

[116] 9 U.S. Dep’t of State, Foreign Affairs Manual (FAM) § 40.21(a) N.2.3-1(c) (damaging private property (where evil intent is not required), breaking and entering (where no specific or implicit intent to commit a crime involving moral turpitude is required), passing bad checks (where evil intent is not required), joy riding (where the intent to take permanently is not required), and juvenile delinquency).