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Name: Tall v. Mukasey
Case #: 06-72804
Court: US Court of Appeals
District 9 Cir
Opinion Date: 02/27/2008
Summary

California Penal Code section 350, subdivision (a) (knowing possession for sale of a registered counterfeit mark) is a crime of moral turpitude that will subject an alien to deportation. Under the categorical approach utilized to determine if a crime is one of moral turpitude because it involves fraud, section 350 (a) is inherently a fraudulent crime and, thus, one of moral turpitude. (Taylor v. United States (1990) 495 U.S. 575). In essence, section 350, subdivision (a) is a species of theft. Either an innocent purchaser is tricked into buying a fake item, or even if the purchaser knows the item is counterfeit, the owner of the mark has been robbed of its value.