Substituting “Moral Equivalence” for Actual Knowledge in Criminal Tax Cases

November 9, 2011  |  The Insider: White Collar Defense and Securities Enforcement

The “conscious avoidance” doctrine has long confounded criminal defense lawyers and their clients. In most criminal cases, the government need only prove the defendant knowingly engaged in the conduct at issue, not that he knew the conduct violated a specific law. This burden of proving criminal intent is often relaxed through [...]

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