White-Collar Criminal: The Offender in Business and the Professions

By Gilbert Geis | Go to book overview

13
CHEATING ON TAXES

Edmond Cahn

A federal statute provided that any alien who had more than once been sentenced to more than a year of imprisonment because of conviction of "a crime involving moral turpitude" would be deported from the United States. In February, 1938, Alberto B-----, an alien, pleaded guilty to concealing liquor with intent to defraud the government of whiskey taxes, and in May, 1938, he pleaded guilty to conspiring with others to violate the revenue laws. On each charge he was sentenced to imprisonment for, a year and a day. B----- claimed he could not be deported because his crimes did not involve "moral turpitude." When this contention failed in the trial court, he appealed to the United States Court of Appeals. There he argued that the court should follow the rule it had established for an earlier case in 1929, during the Prohibition era. In the previous case, the court had held that selling whiskey in violation of the Prohibition laws was not such "moral turpitude" as to justify deportation.

The Court of Appeals held (2-1) that B----- should be deported.

____________________
Reprinted from Edmond Cahn, The Moral Decision ( Bloomington: Indiana University Press, and London: Stevens & Sons Ltd., 1955), pp. 164-175.

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