California, United States of America
The following excerpt is from People v. Sy, 166 Cal.Rptr.3d 778, 223 Cal.App.4th 44 (Cal. App. 2014):
RodriguezValencia v. Holder (9th Cir.2011) 652 F.3d 1157 and Tall v. Mukasey (9th Cir.2008) 517 F.3d 1115 do not hold to the contrary. Rather, these cases hold that, for federal immigration law purposes, a violation of section 350, subdivision (a)(2), is an inherently fraudulent crime because the conduct of willfully manufacturing, intentionally selling, or knowingly possessing a counterfeit mark results in either an innocent purchaser being tricked into buying a fake item or the owner of the mark being deprived of its value. ( RodriguezValencia v. Holder, supra, 652 F.3d at p. 1160 ; Tall v. Mukasey, supra, 517 F.3d at pp. 11191120.) These cases do not discuss and, therefore, have no bearing on whether the prosecution must prove intent to defraud as an element of section 350.
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