Holding that a federal statute prohibiting false statements was not a CIMT because “the jury could convict if it found that petitioner had ‘knowingly’ but without evil intent, made a ‘false’ but not ‘fraudulent’ statement”
In United States v. Wilkerson, 469 F.2d 963, supra, on the other hand, the evidence showed that the defendant had claimed possession of counterfeit bills "long prior to his actual delivery to the buyers."
In Chanan Din Kahn v Barber (253 F.2d 547), the court held that fraudulent filing of tax returns for two successive years were not crimes arising out of a single scheme of criminal misconduct.
Deeming a violation of § 1542 to be a CIMT because it was akin to perjury and required an intent to induce the government to issue the passport on the basis of a false statement—"clearly a fraud on the United States though not measurable in dollars and cents"
In Chanan Din Khan, the court stated that the evidence indicated that defendant's success in his scheme to defraud in 1947 encouraged a repeat performance in 1948 — not that there was one continuing scheme.
8 U.S.C. § 1101 Cited 16,797 times 91 Legal Analyses
Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status