The Narrowing Path of Federal Fraud Defenses After Kousisis and Bankman-Fried

In federal white collar prosecutions and civil RICO litigation, defendants have often sought to demonstrate their good faith intent by arguing that they did not intend to cause any loss to victims, and that there were attorneys involved in the decision-making process under scrutiny. Recent decisions by the Supreme Court in U.S. v. Kousisis and the Second Circuit in U.S. v. Bankman-Fried make those defenses much harder to raise. This presentation discusses both cases, their impact on federal cases involving fraud allegations, and how attorneys on both sides of the issues can plan their strategies accordingly.