PC 475(c)

PC 475(c)

Offense

Possess “real or fictitious” check, etc. with intent to defraud

Aggravated Felony (AF)

Can avoid AF as forgery; see Advice. Yes, AF as fraud if loss exceeds $10k; see Advice for PC 484.

Crime Involving Moral Turpitude (CIMT)

CIMT because fraud

Other Removal Grounds

No other removal ground.

Advice and Comments

AF as Forgery. The best defense is to get 364 days or less on each count. But if 1 year was or must be imposed, note that Ninth Cir held 475(c) is broader than forgery because 475(c) includes use of “real” document.1Vizcarra-Ayala v. Mukasey, 514 F.3d 870, 8767 (9th Cir 2008). In case 475(c) ever is held “divisible” (see n. 4) between real or fictitious documents, plead to use of “real” doc with intent to defraud. That is not an AF in the Ninth Cir even with 1 yr imposed.

AF if $10k loss. If loss exceeds $10k see instructions at PC 484 and 470.

2020-05-19T18:56:35+00:00Updated January 29th, 2020|