A-6322982.
Decided by Board April 1, 1947.
Crime involving moral turpitude — Obtaining money under false pretenses — Violation of section 67 of the Unemployment Insurance Act of 1945 (Canada)
The offense of obtaining money under false pretenses in violation of section 67 of the Unemployment Insurance Act of 1945 (Canada) involves moral turpitude since an intent to defraud is an essential element of such offense.
EXCLUDED BY BOARD OF SPECIAL INQUIRY:
Act of 1917 — As one who admits the commission of a crime involving moral turpitude — Obtaining money under false pretenses, violation of section 67 of the Unemployment Insurance Act of 1945 (Canada).
Act of 1917 — As one who has been convicted of a crime involving moral turpitude — Obtaining money under false pretenses, violation of section 67 of the Unemployment Insurance Act of 1945 (Canada).
BEFORE THE BOARD
Upon consideration of all the evidence of record, the findings of fact and conclusions of law relating to the appellant's exclusion by a Board of Special Inquiry at Detroit, Mich., on May 13, 1946, prepared by the Commissioner in his opinion dated July 17, 1946, are hereby approved and adopted.
Discussion: The evidence establishes that the appellant was convicted on two occasions on March 25, 1946, for violation of section 67 of the Canadian Unemployment Insurance Act of 1945 in that the appellant did knowingly make the false statement that he was unemployed on certain days, whereas in truth and in fact he was employed and not entitled to the benefits received by reason of his false statement.
Section 67 of the Canadian Unemployment Insurance Act of 1945 reads as follows:
Penalty for false representation. If, for the purpose of obtaining any benefits or payments under this part of this act, either for himself or for any other person, or for the purpose of avoiding any payment to be made by himself under this part of this act or enabling any other person to avoid any such payment, any person knowingly making any false statement or false representation shall be guilty of an offense against this act and liable on summary conviction to imprisonment for a term not exceeding three months, either with or without hard labor.
Section 67 ( supra) embodies the essential elements of the crime of false pretenses as found in sections 404 and 405 of the Canadian Criminal Code. We have consistently held that crimes laid under sections 404 and 405 of the Canadian Criminal Code involved moral turpitude ( Matter of McL----, 56106/132, November 25, 1943; Matter of R----, 56158/636, July 1, 1944; Matter of L----, 6002353, January 2, 1945). Under the statute (sec. 67) it is essential not only that the representation should be false, but also that the person accused should know that it is false, and it must be made with a "fradulent intent" for the purpose of obtaining some benefit or payment under the Unemployment Insurance Act of Canada. Inasmuch as intent to defraud is an essential element of the offense, we find that the conviction under section 67 ( supra) involves moral turpitude.
Other Factors: The appellant's wife and children reside abroad. He has no close relatives in the United States. He stated that he desires to enter the United States occasionally to visit friends in this country. He admitted that there is no compelling reason for him to come to the United States and that his friends could visit him in Canada, if they so desired. We find no evidence of record sufficient to justify the exercise of the ninth proviso in accordance with the Attorney General's memorandum of January 13, 1947.
Order: It is ordered that the excluding decision of the Board of Special Inquiry be and the same is hereby affirmed.