Moral Turpitude Gambling
The following types of businesses are ineligible:
(a) Non-profit businesses (for-profit subsidiaries are eligible);
There are apparently no judicial determi- nations on the exact point, namely, whether gambling, in violation of a statute prohibiting it, is a crime involving moral turpitude. Moral turpitude is a legal concept that refers to any conduct that is believed to be contrary to the community standards of honesty, justice, or good moral values. While there is no one exact definition of acts that are considered under moral turpitude, they are typically described as any acts of vileness or depravity, or of sexual immorality. 4 “This opinion does not, of course, extend beyond the moral turpitude issue-an issue that justifies a departure from the Taylor/Shepard framework because moral turpitude is a non-element aggravating factor that ‘stands apart from the elements of the underlying criminal offense.’” Matter of Silva-Trevino, 24 I&N Dec. Missouri courts have invariably found moral turpitude in the violation of narcotic laws, for example. Moral turpitude has also been found in crimes involving fraud and false pretenses, failure to pay federal income taxes, theft, and contributing to the delinquency of a minor. Id.; In re Duncan, 844 S.W.2d 443, 444 (Mo.
Naturalization & US Citizenship June 2020 Table of Contents vii Disability Exceptions; Revision to Adjudicator’s Field Manual Chapter 72 and 74 (AFM Update AD10-14),” Dec.
(b) Financial businesses primarily engaged in the business of lending, such as banks, finance companies, and factors (pawn shops, although engaged in lending, may qualify in some circumstances);
(c) Passive businesses owned by developers and landlords that do not actively use or occupy the assets acquired or improved with the loan proceeds (except Eligible Passive Companies under § 120.111);
(d) Life insurance companies;
(e) Businesses located in a foreign country (businesses in the U.S. owned by aliens may qualify);
(f) Pyramid sale distribution plans;
(g) Businesses deriving more than one-third of gross annual revenue from legal gambling activities;
(h) Businesses engaged in any illegal activity;
(i) Private clubs and businesses which limit the number of memberships for reasons other than capacity;
(j) Government-owned entities (except for businesses owned or controlled by a Native American tribe);
(k) Businesses principally engaged in teaching, instructing, counseling or indoctrinating religion or religious beliefs, whether in a religious or secular setting;
(l) [Reserved]
(m) Loan packagers earning more than one third of their gross annual revenue from packaging SBA loans;
(n) Businesses with an Associate who is incarcerated, on probation, on parole, or has been indicted for a felony or a crime of moral turpitude;
(o) Businesses in which the Lender or CDC, or any of its Associates owns an equity interest;
(p) Businesses which:
(1) Present live performances of a prurient sexual nature; or
(2) Derive directly or indirectly more than de minimis gross revenue through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature;
(q) Unless waived by SBA for good cause, businesses that have previously defaulted on a Federal loan or Federally assisted financing, resulting in the Federal government or any of its agencies or Departments sustaining a loss in any of its programs, and businesses owned or controlled by an applicant or any of its Associates which previously owned, operated, or controlled a business which defaulted on a Federal loan (or guaranteed a loan which was defaulted) and caused the Federal government or any of its agencies or Departments to sustain a loss in any of its programs. For purposes of this section, a compromise agreement shall also be considered a loss;
Moral Turpitude Gambling Law
(r) Businesses primarily engaged in political or lobbying activities; and
Moral Turpitude Gambling Laws
(s) Speculative businesses (such as oil wildcatting).