The Willful Blindness Doctrine

Throughout the years, the willful blindness doctrine has given prosecutors the chance to get convictions against a variety of high-profile white collar defendants.  Willful blindness has been a recent area of concern in the world of white collar crimes because CEOs and other corporate executives have claimed that they did not know about the subject criminal conduct.  It is evident, however, that the doctrine’s use in white collar cases is a clear illustration of why someone who finds himself involved in possible litigation related to this area should hire a skillful San Francisco white collar criminal attorney who is well-versed in the application of the doctrine.

While courts have express the willful blindness doctrine a little differently, they all seem to concur on two fundamental requirements.  First, the defendant must believe that there is a real likelihood that certain facts exist.  Second, the defendant must take purposeful actions to avoid knowledge of those facts. These requirements give willful blindness a restricted scope that extends beyond negligence and recklessness. The courts explain that a willfully blind defendant is one who takes deliberate steps to avoid confirming that there is a high probability of unlawful activity, and who can almost be said to have actually known the significant facts.  On the other hand, a reckless defendant is one who simply has knowledge of a considerable risk of such wrongdoing.

If you need the assistance of a San Francisco white collar criminal attorney, Christopher Morales may be able to help you. Simply fill out the form on this page to schedule a free initial consultation