green
Positive treatment
Quoted verbatim 1×
36.5 score
G Cite
cited 4× by 3 distinct cases, last quoted 2007 ·
…a crime having as an element the intent to defraud is clearly a crime involving moral turpitude.
at p. 235
✓
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980
2003
2026
Top citers, strongest first. 29 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
Notash v. Gonzales
a crime having as an element the intent to defraud is clearly a crime involving moral turpitude.
discussed
Cited as authority (rule)
Mohammad Bashar v. William P. Barr
A conviction under section 4366(a) requires that a person knowingly enter into a marriage (1) “for the sole purpose of obtaining a [labor or immigration] benefit” or (2) “for the purpose of evading [a law].” Both of these provisions are equivalent to an “intent to defraud.” See Winestock v. INS, 576 F.2d 234, 235 (9th Cir. 1978) (holding a crime with an element of “intent to defraud” is a CIMT).
discussed
Cited as authority (rule)
RODRIGUEZ-VALENCIA v. Holder
Because “[t]he commission of the crime necessarily defrauds the owner of the mark, or an innocent purchaser of the counterfeit items, or both,” id. at 1120, we “have difficultly distinguishing such intent from a general intent to defraud,” Winestock v. I.N.S., 576 F.2d 234, 235 (9th Cir.1978).
discussed
Cited as authority (rule)
Quinonez-Orozco v. Mukasey
Winestock v. INS, 576 F.2d 234, 235 (9th Cir. 1978) (intent inherent in offense because petitioner "admitted intending to pass off something valueless as being something of value”).
discussed
Cited as authority (rule)
Blanco v. Mukasey
See, e.g., McNaughton v. INS, 612 F.2d 457, 459 (9th Cir. 1980) (securities); Winestock v. INS, 576 F.2d 234, 235 (9th Cir. 1978) (securities); Bisaillon v. Hogan, 257 F.2d 435, 437 (9th Cir. 1958) (a passport); see also Zaitona v. INS, 9 F.3d 432, 437 (6th Cir. 1993) (a driver’s license); United States ex rel.
discussed
Cited as authority (rule)
Blanco v. Mukasey
(2×)
See, e.g., McNaughton v. INS, 612 F.2d 457, 459 (9th Cir.1980) (securities); Winestock v. INS, 576 F.2d 234, 235 (9th Cir.1978) (securities); Bisaillon v. Hogan, 257 F.2d 435, 437 (9th Cir.1958) (a passport); see also Zaitona v. INS, 9 F.3d 432, 437 (6th Cir.1993) (a driver's license); United States ex rel.
examined
Cited as authority (rule)
Navarro-Lopez v. Gonzales
(4×)
Almost thirty years earlier, we said in Winestock v. INS : "A crime having as an element the intent to defraud is clearly a crime involving moral turpitude." 576 F.2d 234, 235 (9th Cir.1978); see also McNaughton v. INS, 612 F.2d 457, 459 (9th Cir.1980).
discussed
Cited as authority (rule)
Navarro-Lopez v. Gonzales
(2×)
Almost thirty years earlier, we said in Winestock v. INS: “A crime having as an element the intent to defraud is clearly a crime involving moral turpitude.” 576 F.2d 234, 235 (9th Cir. 1978); see also McNaughton v. INS, 612 F.2d 457, 459 (9th Cir. 1980).
discussed
Cited as authority (rule)
Hernandez-Perez v. Gonzales
(2×)
also: Cited "see, e.g."
Winestock v. INS, 576 F.2d 234, 235 (9th Cir.1978).
discussed
Cited as authority (rule)
Carty v. Ashcroft
CARTY v. ASHCROFT 789 [3] We have held that “[e]ven if intent to defraud is not explicit in the statutory definition, a crime nevertheless may involve moral turpitude if such intent is ‘implicit in the nature of the crime.’ ” Goldeshtein, 8 F.3d at 648 (quoting Winestock v. INS, 576 F.2d 234, 235 (9th Cir. 1978)).6 Intent to defraud is implicit in willfully failing to file a tax return with the intent to evade taxes.
discussed
Cited as authority (rule)
Smalley v. Ashcroft
The Ninth Circuit has aptly noted, however, that “[e]ven if intent to defraud is not explicit in the statutory definition, a crime nevertheless may involve moral turpitude if such intent is ‘implicit in the nature of the crime.’” Goldeshtein v. INS, 8 F.3d 645, 648 (9th Cir. 1993) (quoting Winestock v. INS, 576 F.2d 234, 235 (9th Cir. 1978)); accord In re Flores, 17 I. & N. Dec. 225, 228 (BIA 1980).
discussed
Cited as authority (rule)
Ian Smalley v. John Ashcroft, Attorney General
The Ninth Circuit has aptly noted, however, that “[e]ven if intent to defraud is not explicit in the statutory definition, a crime nevertheless may involve moral turpitude if such intent is ‘implicit in the nature of the crime.’ ” Goldeshtein v. INS, 8 F.3d 645, 648 (9th Cir.1993) (quoting Winestock v. INS, 576 F.2d 234, 235 (9th Cir.1978)); accord In re Flores, 17 I. & N. Dec. 225, 228 (BIA 1980).
discussed
Cited as authority (rule)
Babafunmi v. INS
See Jordan v. De George, 341 U.S. 223, 228-29 (1951); Winestock v. INS, 576 F.2d 234, 235 (9th Cir. 1978); Lozano-Giron v. INS , 506 F.2d 1073, 1076 (7th Cir. 1974); Matter of Jimenez, 14 I. & N. Dec. 442 (BIA 1973).
examined
Cited as authority (rule)
Myrisia Franklin v. Immigration and Naturalization Service
(6×)
See, e.g., Rodriguez-Herrera v. INS, 52 F.3d 238 , 240 n. 4 (9th Cir.1995); Gonzalez-Alvarado v. INS, 39 F.3d 245, 246 (9th Cir.1994); Goldeshtein v. INS, 8 F.3d 645 , 647 n. 4 (9th Cir.1993); De La Cruz v. INS, 951 F.2d 226, 228 (9th Cir.1991) (per curiam); United States v. Chu Kong Yin, 935 F.2d 990, 1003-04 (9th Cir.1991); McNaughton v. INS, 612 F.2d 457, 459 (9th Cir.1980) (per curiam); Winestock v. INS, 576 F.2d 234, 235 (9th Cir.1978); Guerrero de Nodahl v. INS, 407 F.2d 1405, 1406-07 (9th Cir.1969).
examined
Cited as authority (rule)
Myrisia Franklin v. INS
(3×)
See, e.g., Rodriguez-Herrera v. INS, 52 F.3d 238 , 240 n.4 (9th Cir. 1995); Gonzalez-Alvarado v. INS, 39 F.3d 245, 246 (9th Cir. 1994); Goldeshtein v. INS, 8 F.3d 645 , 647 n.4 (9th Cir. 1993); De La Cruz v. INS, 951 F.2d 226, 228 (1991) (per curiam); United States v. Chu Kong Yin, 935 F.2d 990, 1003-04 (9th Cir. 1991); McNaughton v. INS, 612 F.2d 457, 459 (9th Cir. 1980) (per curiam); Winestock v. INS, 576 F.2d 234, 235 (9th Cir. 1978); Guerrero de Nodahl v. INS, 407 F.2d 1405, 1406-07 (9th Cir. 1969).
discussed
Cited as authority (rule)
Noel Ali Rodriguez-Herrera v. Immigration and Naturalization Service
See e.g., Gonzalez-Alvarado v. INS, 39 F.3d 245, 246 (9th Cir.1994) (“Typically, crimes of moral turpitude involve fraud.”); McNaughton v. INS, 612 F.2d 457, 459 (9th Cir.1980) (conspiracy to affect stock price by fraudulent means with intent to defraud a crime of moral turpitude); Winestock v. INS, 576 F.2d 234, 235 (9th Cir.1978) (selling, transferring, and delivering counterfeit U.S. securities with intent to defraud crime of moral turpitude), Goldeshtein, 8 F.3d at 647 (structuring financial transactions to avoid currency reports not crime involving moral turpitude because no intent to…
discussed
Cited as authority (rule)
Nir Goldeshtein v. Immigration and Naturalization Service
(2×)
also: Cited "see"
Nature of the Crime Even if intent to defraud is not explicit in the statutory definition, a crime nevertheless may involve moral turpitude if such intent is “implicit in the nature of the crime.” Winestock v. INS, 576 F.2d 234, 235 (9th Cir.1978); see also McNaughton, 612 F.2d at 459 (whether intent to defraud is an element of a crime is determined by “the statutory definition or by the nature of the crime”); Matter of Flores, 17 I & N Dec. 225, 228 (BIA 1980) (“where fraud is inherent in an offense, it is not necessary that the statute prohibiting it include the usual phraseology c…
discussed
Cited as authority (rule)
United States v. Chu Kong Yin, AKA Alfred Chu
(2×)
See, e.g., McNaughton v. INS, 612 F.2d 457, 459 (9th Cir.1980) (per curiam) (determining de novo that conspiracy to affect the market price of stock by deceit with intent to defraud is a crime of moral turpitude); Winestock v. INS, 576 F.2d 234, 235 (9th Cir.1978) (determining de novo that dealing in counterfeit obligations is a crime of moral turpitude); Guerrero de Nodahl v. INS, 407 F.2d 1405, 1406-07 (9th Cir.1969) (determining de novo that childbeating is a crime of moral turpitude); see also Jordan v. DeGeorge, 341 U.S. 223, 227-32 , 71 S.Ct. 703, 705-08 , 95 L.Ed. 886 (1951) (tracing ju…
cited
Cited as authority (rule)
Humboldt Oil Co., Inc., and J.R. Mastelotto v. Exxon Company, U.S.A.
Winestock v. I & NS, 576 F.2d 234, 235 (9th Cir.1978).
cited
Cited as authority (rule)
Andrew Robert Leslie McNaughton v. Immigration and Naturalization Service
Jordan v. DeGeorge, 341 U.S. 223, 227-32 , 71 S.Ct. 703 , 95 L.Ed. 886 (1951); Winestock v. INS, 576 F.2d 234, 235 (9th Cir. 1978).
discussed
Cited "see"
Theophile Carty v. John Ashcroft, Attorney General
(2×)
See California Jury Instructions, Criminal, 7th Ed. § 7.66 (2004). 5 10 [3] We have held that "[e]ven if intent to defraud is not explicit in the statutory definition, a crime nevertheless may involve moral turpitude if such intent is `implicit in the nature of the crime.'" Goldeshtein, 8 F.3d at 648 (quoting Winestock v. INS, 576 F.2d 234, 235 (9th Cir.1978)). 6 Intent to defraud is implicit in willfully failing to file a tax return with the intent to evade taxes.
discussed
Cited "see"
TRAN
See Winestock v. INS, 576 F.2d 234 (9th Cir. 1978); Matter of Flores, supra. Where knowing or intentional conduct is an element of a morally reprehensible offense, we have found moral turpi- tude to be present.
discussed
Cited "see, e.g."
Kykhosro Notash v. Alberto R. Gonzales, Attorney General
Because of our conclusion regarding the second paragraph of § 542, it is unnecessary for us to address whether the first paragraph is categorically a crime involving moral turpitude. 3 “To involve moral turpitude, intent to defraud must be an ‘essential element’ of [Notash’s] conviction.” Carty, 395 F.3d at 1084 (quoting Goldeshtein, 8 F.3d at 647 ); see also Winestock v. INS, 576 F.2d 234, 235 (9th Cir.1978) (“A crime having as an element the intent to defraud is clearly a crime involving moral turpitude.”).
discussed
Cited "see, e.g."
Kamagate v. Ashcroft
Berlandi v. Reimer, 113 F.2d 429, 431 (2d Cir.1940))); see also Winestock v. INS, 576 F.2d 234, 235 (9th Cir.1978) (holding that knowingly selling, transferring, and delivering counterfeit United States securities intending to pass them as genuine is a crime involving moral turpitude); In re Flores, 17 I. & N. Dec. 225, 230 (B.I.A.1980) (holding that uttering counterfeit documents relating to alien registration knowing them to be counterfeit is a crime involving moral turpitude).
discussed
Cited "see, e.g."
Kamagate v. Ashcroft
Berlandi v. Reimer, 113 F.2d 429, 431 (2d Cir.1940))); see also Winestock v. INS, 576 F.2d 234, 235 (9th Cir.1978) (holding that knowingly selling, transferring, and delivering counterfeit United States securities intending to pass them as genuine is a crime involving moral turpitude); In re Flores, 17 I. & N. Dec. 225, 230 (B.I.A.1980) (holding that uttering counterfeit documents relating to alien registration knowing them to be counterfeit is a crime involving moral turpitude). 15 We need not here decide whether counterfeiting crimes invariably involve moral turpitude.
cited
Cited "see, e.g."
National Information Services, Inc., an Oregon Corporation v. Trw, Inc., an Ohio Corporation, and Credit Bureau Reports, Inc., a Delaware Corporation, National Information Services, Inc., an Oregon Corporation Credit Data of Illinois, Inc., an Illinois Corporation Informative Research, Inc., a California Corporation Cdb Infotek, a California Corporation v. Trw, Inc., an Ohio Corporation Credit Bureau Reports, Inc., a Delaware Corporation
See, e.g., Subscription Television, 576 F.2d 234 (district court must state its reasons for denying costs).
cited
Cited "see, e.g."
National Information Services, Inc. v. TRW, Inc.
See, e.g., Subscription Television, 576 F.2d 234 (district court must state its reasons for denying costs).
cited
Cited "see, e.g."
SERNA
Lozano-Giron v. INS, 506 F.2d 1073 (7th Cir. 1974); see also Winestock v. INS, 576 F.2d 234 (9th Cir. 1978).
Retrieving the full opinion text from the archive…
Melvin Clifford WINESTOCK, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
77-3251.
Court of Appeals for the Ninth Circuit.
Jun 2, 1978.
Irving A. Chavin, Las Vegas, Nev., for petitioner., Philip Wilens, Robert Kendall, Jr., of Dept, of Justice, Washington, D. C., for respondent.
Chambers, Kilkenny, Tang.
Cited by 40 opinions | Published
CHAMBERS, Circuit Judge:
Petitioner, a visitor from Canada, has been ordered deported for his conviction of dealing with counterfeit obligations, in violation of 18 U.S.C. § 473. * The conviction was for an offense committed within five years of his entry into this county. The sole question is whether violation of this statute constituted a “crime involving moral turpitude” and was thus a deportable offense under 8 U.S.C. § 1251(a)(4).
Count II of the indictment, to which petitioner pleaded guilty, charges that he “sold, transferred and delivered counterfeit securities of the United States, that is 896 $100 Federal Reserve Notes . . . with the intent that the same be passed, published or used as true and genuine . . . .”
A crime having as an element the intent to defraud is clearly a crime involving moral turpitude. Jordan v. deGeorge, 341 U.S. 223, 71 S.Ct. 703, 95 L.Ed. 886 (1951). The intent to defraud may be explicit in the statutory definition of the crime, e. g. Section 472 of Title 18, which deals with passing, uttering, publishing, mailing or possessing counterfeit obligations “with intent to defraud.” Violation of Section 472 is a crime involving moral turpitude. Lozano-Giron v. Immigration and Naturalization Service, 506 F.2d 1073 (7th Cir. 1974); United States v. Wilkerson, 469 F.2d 963 (5th Cir. 1972).
The intent to defraud may also be implicit in the nature of the crime. Section 473 does not include the identical statutory words of intent to defraud. Instead, it requires an intent to pass off, as genuine, obligations that are in fact counterfeit. Knowledge of the counterfeit nature of the obligations is an essential element of the crime (United States v. DiZenzo, 500 F.2d 263 (4th Cir. 1974)) and petitioner admitted all the elements of the crime by his guilty plea. He has admitted intending to pass off something valueless as being something of value. We have difficulty distinguishing such intent from a general intent to defraud. Implicit in the crime is the deception of the United States and also any person into whose hands the obligations come once they are put into circulation.
Petitioner’s violation of Section 473 was the commission of a crime involving moral turpitude within the meaning of 8 U.S.C. § 1251(a)(4).
Affirmed.
*
“Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligations or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be fined not more than $5,000 or imprisoned not more than ten years, or both.”