3 ms·

> Wang is charged with visa fraud, in violation of 18 U.S.C. § 1546(a). If convicted, he faces a maximum statutory penalty of ten years in prison and a fine of

> Wang is charged with visa fraud, in violation of 18 U.S.C. § 1546(a). If convicted, he faces a maximum statutory penalty of ten years in prison and a fine of $250,000. So lying on a visa application is worse than immigrating illegally? Doesn't illegal immigration just get you deported?

aspenmayer 6y ago
Gaming the system or otherwise exploiting it is more malicious than circumventing it. It’s the old school version of laws like CFAA, which make explicitly super-illegal things which are already implicitly or explicitly illegal, with sometimes unforeseen consequences.
lurquer 6y ago
Better to apologize than ask permission, as the saying goes... The principle st play is everywhere in the legal system: the penalty for lying on a tax return is much higher than not filing returns; the penalty for buying something with counterfeit bills is much higher than that for simply stealing it; using a fake ID to buy booze (if under 21) carries a higher penalty than buying it from a clerk who forgets to card you; lying to sn FBI agent in an investigation is infinitely worse than saying nothing; etc., etc.
nelaboras 6y ago
If you can't prove the other stuff (easily) you have to have a means to get them on a formality. That's why there's so many questions on the immigration form.
koheripbal 6y ago
"maximum statutory penalties" are not indicative of "worseness" of a crime. They are usually placed very high to give judges flexibility, and are somewhat arbitrary, but they don't represent the average/median sentence handed down. Also, there is no single "illegal immigrant" law or sentence, but I'm certain there are some laws violated by illegal immigrants that carry the same meaningless unused "maximum statutory penalty". It is a common news media blunder of quoting the "maximum statutory penalty" - which is almost always irrelevant. Having said that, in this case, if it's a political/espionage arrest then they might in fact use it either in negotiations with the Chinese or in sentencing to pressure for more cooperation.

aspenmayer 6y ago

Gaming the system or otherwise exploiting it is more malicious than circumventing it. It’s the old school version of laws like CFAA, which make explicitly super-illegal things which are already implicitly or explicitly illegal, with sometimes unforeseen consequences.

lurquer 6y ago

Better to apologize than ask permission, as the saying goes... The principle st play is everywhere in the legal system: the penalty for lying on a tax return is much higher than not filing returns; the penalty for buying something with counterfeit bills is much higher than that for simply stealing it; using a fake ID to buy booze (if under 21) carries a higher penalty than buying it from a clerk who forgets to card you; lying to sn FBI agent in an investigation is infinitely worse than saying nothing; etc., etc.

nelaboras 6y ago

If you can't prove the other stuff (easily) you have to have a means to get them on a formality. That's why there's so many questions on the immigration form.

koheripbal 6y ago

"maximum statutory penalties" are not indicative of "worseness" of a crime. They are usually placed very high to give judges flexibility, and are somewhat arbitrary, but they don't represent the average/median sentence handed down. Also, there is no single "illegal immigrant" law or sentence, but I'm certain there are some laws violated by illegal immigrants that carry the same meaningless unused "maximum statutory penalty". It is a common news media blunder of quoting the "maximum statutory penalty" - which is almost always irrelevant. Having said that, in this case, if it's a political/espionage arrest then they might in fact use it either in negotiations with the Chinese or in sentencing to pressure for more cooperation.