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> the inevitable indictment will likely require proving criminal intent, specifically that SBF knowingly and willingly engaged in fraud. The Justice Department
by SkyMarshal 4y ago
> the inevitable indictment will likely require proving criminal intent, specifically that SBF knowingly and willingly engaged in fraud. The Justice Department won't indict SFB until they have ironclad evidence demonstrating as much.
IANAL but I'm not sure that's true. I believe they can charge him with fraud or negligence. The latter carries lesser penalties, and everything SBF is doing now is trying to steer the inevitable indictment in that direction.
- _n_b_ 4y agoWhich exact federal crime do you mean by ‘negligence’ exactly? The various fraud statutes require intent.
- deleted 4y ago[deleted]
- lazide 4y agoRelevant cite for what counts as intent to defraud for US federal stuff anyway. ‘Reckless indifference for truth or falsity’ and "The requisite intent under the federal mail and wire fraud statutes may be inferred from the totality of the circumstances and need not be proven by direct evidence." It’s not a super high bar to clear in this case. [https://www.justice.gov/archives/jm/criminal-resource-manual-949-proof-fraudulent-intent https://www.justice.gov/archives/jm/criminal-resource-manual...]