Andrew Robert Leslie McNaughton v. Immigration and Naturalization Service

McNaughton petitions for review of a decision of the Board of Immigration Appeals (BIA) finding him deportable on'the ground that he was excludable at the time of entry because he had been convicted by a Canadian court of a crime involving moral turpitude. McNaughton contends that neither the crime nor the conduct upon which the conviction was based involved moral turpitude and that, therefore, he was not excludable. We affirm the decision of the BIA.

McNaughton, a native and citizen of the United Kingdom, was involved in the operation of a “box” in Canada. A “box,” a means of buying and selling stock to prevent excessive fluctuations in market price, normally is tolerated as a way of ensuring an orderly market. Members of McNaughton’s group manipulated the “box” for their own profit, however.

Consequently, a Canadian court found McNaughton guilty of conspiracy to affect the public market price of stock by deceit, falsehood, or other fraudulent means with the intent to defraud. The Court of Appeals for Quebec affirmed the conviction, though the court reduced McNaughton’s sentence. Even though McNaughton apparently did not profit from the scheme, both courts found that he had…