12 U.S.C. 2607(b) and (d)(1) prohibit accepting an illegal fee or aiding and abetting such receipt.

12 U.S.C. 2607(b) and (d)(1) provide:

(b) Splitting charges

No person shall give and no person shall accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed.

(d) Penalties for violations; joint and several liability; treble damages; actions for injunction by Bureau and Secretary and by State officials; costs and attorney fees; construction of State laws

(1) Any person or persons who violate the provisions of this section shall be fined not more than $10,000 or imprisoned for not more than one year, or both.

Thanks to Scott A. Sugarman.

Note: This misdemeanor is not a fraud offense, since there is no element of fraud or deceit. Therefore, it is not a fraud aggravated felony, even if the loss to the victim(s) is in excess of $10,000. This is not a theft offense, so it is not a theft aggravated felony, even if the sentence imposed is one year. This is not a crime of moral turpitude, since there is no mental element of sufficiently evil intent. Therefore, this offense does not trigger any crime-related ground of deportation or inadmissibility, or bar to immigration relief.

 

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