Crimes of Moral Turpitude



 
 

§ 9.31 1. Bribery

 
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Bribery.  Any bribery conviction involves moral turpitude.

 

Okabe v. INS, 671 F.2d 863 (5th Cir. 1982) (offering bribe to immigration officer in violation of 18 U.S.C. § 201(b)(3) was a crime involving moral turpitude);

Int’l Longshoremen’s Ass’n AFL-CIO v. Waterfront Commission of New York Harbor, 642 F.2d 666 (2d Cir. 1981) (when president of union local received loans arranged by employer of the union members in violation of the Labor Management Relations Act, he was guilty of an offense involving “moral turpitude” within provisions of the New York Waterfront Commission Act prohibiting person convicted of such an offense from serving as an officer of a port waterfront union);

United States ex rel. Sollazzo v. Esperdy, 187 F.Supp. 753 (D.N.Y. 1960), aff’d, 285 F.2d 341 (2d Cir. 1961), cert. den., 366 U.S. 905, 81 S.Ct. 1049, 6 L.Ed.2d 204 (1961) (New York offense of bribing a participant in an amateur game involved corrupt intent and fraud, and thus involved moral turpitude);

Ex Parte Tozier, 2 F.2d 268 (D.Me. 1924), aff’d, Howes v Tozer, 3 F.2d 849 (1st Cir. 1925);

Matter of H, 6 I. & N. Dec. 358 (BIA 1954) (conviction under 18 U.S.C. § 202 for acceptance or solicitation of bribe by U.S. officer or employee to influence official action constitutes CMT);

Matter of V, 4 I. & N. Dec. 100 (BIA 1950) (conviction of attempted bribery in violation of Sec. 333 of the German Criminal Code involves moral turpitude, since it has always been considered malum in se).

Updates

 

Ninth Circuit

CRIME OF MORAL TURPITUDE " OBSTRUCTION OF JUSTICE " WITNESS DISSUASION
Escobar v. Lynch, 846 F.3d 1019 (9th Cir 2017) (California conviction of witness dissuasion, in violation of Penal Code 136.1(b)(1) is not a crime of moral turpitude). NOTE: The Courts analysis focused on the growing rift between the BIA and the Ninth Circuit (and older BIA case law) on defining crime of moral turpitude.)

Other

BIBLIO " CRIMES OF MORAL TURPITUDE " BRIBERY " PUBLIC CORRUPTION
P. Henning & L. Radek, THE PROSECUTION AND DEFENSE OF PUBLIC CORRUPTION: THE LAW AND LEGAL STRATEGIES (Oxford U. Press, May, 2011).

 

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