In the Matter of S

1 Citing case

  1. Goldeshtein v. I.N.S.

    8 F.3d 645 (9th Cir. 1993)   Cited 56 times
    Holding that structuring financial transactions to avoid currency reports is not a crime of moral turpitude because, inter alia, "evil intent, such as intent to defraud is not necessarily an essential element of the crime"

    Finally, in each of the other cases cited in the BIA's decision, either fraud or intent to defraud was explicit in the statutory definition of the alien's crime. See Matter of D-, 9 I N Dec. 605, 606 (BIA 1962) ("intent to defraud the revenue of the United States" part of the statutory definition of the alien's crime); Matter of E-, 9 I N Dec. 421, 423 (BIA 1961) (alien convicted of "conspiracy to defraud the United States"); Matter of S-, 2 I N Dec. 225, 225 (BIA 1944) (alien convicted of "conspiracy to defraud the United States by counseling submission of false statements in a matter before a department of the Government"). Goldeshtein was charged neither with fraud nor with conspiracy to defraud the United States.