Crimes of Moral Turpitude



 
 

§ 9.45 15. Racketeering Offenses

 
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RICO offenses.  RICO statutes have been found to cover a broad range of activity and a RICO conviction may or may not involve moral turpitude.[88]

 

Smalley v. Ashcroft, 354 F.3d 332 (5th Cir. Dec. 15, 2003) (federal conviction of Interstate Travel in Aid of Racketeering Enterprise, traveling in interstate commerce with intent “to conceal or disguise the nature, location, source, ownership, or control of property believed to the proceeds” of unlawful drug activity, in violation of 18 U.S.C. § 1956(a)(3)(B)(2000), constitutes crime of moral turpitude, barring court of appeals from petition for review jurisdiction to review removal order);

United States ex rel. Circella v. Neelly, 115 F.Supp. 615 (D.Ill. 1953), aff’d, 216 F.2d 33 (7th Cir. 1954), cert. den., 348 U.S. 964, 75 S.Ct. 525, 99 L.Ed. 752 (1955) (violation of the Anti-Racketeering Act, 18 U.S.C. § 420a, by conspiring to interfere with trade and commerce by violence, threats, and coercion, was an offense involving “moral turpitude”).


[88] Smalley v. Ashcroft, 354 F.3d 332 (5th Cir. Dec. 15, 2003) (federal conviction of Interstate Travel in Aid of Racketeering Enterprise, in violation of 18 U.S.C. § 1952, covers those who facilitate broad range of illegal activity, and thus constitutes divisible offense, some parts of which involve moral turpitude, and other parts of which do not).

 

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