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In re L-V-C

16 Cited authorities

  1. United States v. Bajakajian

    524 U.S. 321 (1998)   Cited 1,360 times   12 Legal Analyses
    Holding that forfeiture 70 times the Guidelines maximum and greater than the statutory maximum would be unconstitutionally excessive

  2. Ratzlaf v. United States

    510 U.S. 135 (1994)   Cited 903 times   11 Legal Analyses
    Holding that, "[t]o establish that a defendant `willfully violated]' the antistructuring law, the Government must prove that the defendant acted with knowledge that his conduct was unlawful," and stating that "pecific intent to commit the crime . . . might be negated by, e.g., proof that defendant relied in good faith on advice of counsel"

  3. Hamdan v. I.N.S.

    98 F.3d 183 (5th Cir. 1996)   Cited 60 times
    Granting the petition for review and remanding for further examination of the record of conviction because the Louisiana kidnapping statute under which Hamdan was convicted is divided into discrete subsections, and it was unclear from the BIA's decision which subsection it believed Hamdan was convicted under and which subsections implicated moral turpitude

  4. 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"

  5. U.S. v. Dashney

    937 F.2d 532 (10th Cir. 1991)   Cited 54 times   1 Legal Analyses
    Holding that "willfully" in antistructuring law means only that person intentionally and knowingly evaded the reporting requirement, not that he also knew evasion is illegal

  6. U.S. v. Hoyland

    914 F.2d 1125 (9th Cir. 1990)   Cited 29 times
    Noting that "structuring is not the kind of activity that an ordinary person would engage in innocently"

  7. U.S. v. Beaumont

    972 F.2d 91 (5th Cir. 1992)   Cited 21 times

    No. 91-4703. Summary Calendar. August 27, 1992. Carl A. Parker, Port Arthur, Tex., for Jimmy Beaumont. Louis Guirola, Jr., Kerry M. Klintworth, Asst. U.S. Attys., Bob Wortham, U.S. Atty., Beaumont, Tex., for U.S. Appeal from the United States District Court for the Eastern District of Texas. Before KING, EMILIO M. GARZA, and DeMOSS, Circuit Judges. EMILIO M. GARZA, Circuit Judge: Jimmy Beaumont and three other defendants were convicted of "structuring" a financial transaction with intent to evade

  8. U.S. v. Rogers

    962 F.2d 342 (4th Cir. 1992)   Cited 19 times
    In T.J. Rogers, we refused to extend the Supreme Court's definition of willfulness in criminal tax cases, i.e. that proof of willfulness requires a showing that defendant knew that the conduct at issue was illegal, as expressed in Cheek v. United States, 498 U.S. 192, 201, 111 S.Ct. 604, 610, 112 L.Ed.2d 617 (1991), to cases brought under 31 U.S.C. § 5324(3) and § 5322(a).

  9. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,716 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  10. Section 1001 - Statements or entries generally

    18 U.S.C. § 1001   Cited 7,335 times   300 Legal Analyses
    Making false statements

  11. Section 982 - Criminal forfeiture

    18 U.S.C. § 982   Cited 2,162 times   19 Legal Analyses
    Allowing forfeiture as part of the court "imposing sentence on a person convicted of an offense"

  12. Section 5324 - Structuring transactions to evade reporting requirement prohibited

    31 U.S.C. § 5324   Cited 1,036 times   14 Legal Analyses
    Prohibiting material omission or misstatement of fact in report on monetary instruments transactions

  13. Section 5313 - Reports on domestic coins and currency transactions

    31 U.S.C. § 5313   Cited 521 times   8 Legal Analyses
    Listing reporting requirement for transactions "in an amount, denomination, or amount and denomination, or under circumstances the Secretary prescribes by regulation"

  14. Section 5322 - Criminal penalties

    31 U.S.C. § 5322   Cited 408 times   18 Legal Analyses
    Penalizing willful violations of subchapter

  15. Section 5316 - Reports on exporting and importing monetary instruments

    31 U.S.C. § 5316   Cited 380 times   6 Legal Analyses
    Failing to file a required report of international transportation of currency

  16. Section 1426 - Reproduction of naturalization or citizenship papers

    18 U.S.C. § 1426   Cited 43 times

    (a) Whoever falsely makes, forges, alters or counterfeits any oath, notice, affidavit, certificate of arrival, declaration of intention, certificate or documentary evidence of naturalization or citizenship or any order, record, signature, paper or proceeding or any copy thereof, required or authorized by any law relating to naturalization or citizenship or registry of aliens; or (b) Whoever utters, sells, disposes of or uses as true or genuine, any false, forged, altered, antedated or counterfeited