Safe Havens

(B)  Crimes of Moral Turpitude.[149]

A conviction of passing checks, where intent to defraud is an element, is a CMT.   Passing bad checks with insufficient funds is not considered a crime involving moral turpitude unless intent to defraud is an essential element of the offense. 

Matter of Balao, 20 I. & N. Dec. 440 (BIA 1992) (intent to defraud is not an essential element of the crime of passing bad checks under 18 Pennsylvania Consolidated Statutes § 4105(a)(1), which is therefore not a CMT).

Matter of Zangwill, 18 I. & N. Dec. 22 (BIA 1981) (Florida law requires knowledge of insufficiency of funds, but intent to defraud is not an essential element of the crime).

Matter of Colbourne, 13 I. & N. Dec. 319 (BIA 1969) (conviction for drawing and delivering a worthless check in violation of § 835(a)(1) of Title 14, Virgin Islands Code, is not a conviction of a crime involving moral turpitude), overruling Matter of M, 9 I. & N. Dec. 743 (BIA  1962).

Matter of Stasinski, 11 I. & N. Dec. 202 (BIA 1965) (conviction for issuing or passing a worthless check in violation of paragraph 943.24 of the Wisconsin Statutes is not a conviction of a crime involving moral turpitude, since intent to defraud is not required as an essential element of the crime).

Matter of Bailie, 10 I. & N. Dec. 679 (BIA 1964) (conviction for drawing a check with insufficient funds in violation of § 21-554, Kansas General Statutes (1949), is not a conviction of a crime involving moral turpitude, since an intent to defraud, that is, an intent to cheat or deprive a person of his or her property, is not an element of the crime).

Matter of B, 3 I. & N. Dec. 278 (BIA 1948) (French conviction of issuing check with knowledge that there were insufficient funds to cover it was not an offense involving moral turpitude, where such check was given for past-due obligations, which debts would not be extinguished nor in any way affected by the worthless check, and where the record of conviction did not indicate that there was present an intent to defraud).

[149] See N. Tooby, J. Rollin & J. Foster, Crimes of Moral Turpitude § 9.57 (2005).