Saturday, July 17, 2010

Theft/Dishonest crimes

The next series of blogs will cover theft/dishonest crimes. For example, theft, embezzlement, forgery, possession of stolen property, etc. These crimes can carry significant jail time, but they also have the added detriment of being crimes involving moral turpitude when dealing with immigration. It is important to note that if an individual is convicted of a crime involving moral turpitude it may prevent any immigration benefits for the alien or the alien's spouse.

CA Penal Code 472 states as follows:

Every person who, with intent to defraud another, forges, or counterfeits the seal of this State, the seal of any public officer authorized by law, the seal of any Court of record, or the seal of any corporation, or any other public seal authorized or recognized by the laws of this State, or of any other State, Government, or country, or who falsely makes, forges, or counterfeits any impression purporting to be an impression of any such seal, or who has in his possession any such counterfeited seal or impression thereof, knowing it to be counterfeited, and willfully conceals the same, is guilty of forgery.

One of the key elements of forgery is that a person intents to defraud, forge or counterfeit the seal of certain organizations/corporations of public institutions that are recognized by the state of California. PC 472 further includes any impressions of these seals. Lastly, anyone who has in his/her possession of the counterfeited seal or impression, knows it is counterfeited and willfully conceals it is guilty of forgery.

As you can see the list is pretty expansive and can include some innocent sounding activities. Anyone that is in possession of a forged social security number or driver's license could be charged with this crime.

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