In order for an individual defendant to be criminally liable under the FCPA, he or she must act “willfully.” The term “willfully” is not defined in the FCPA, but it has generally been construed by courts to connote an act committed voluntarily and purposefully, and with a bad purpose. The FCPA does not require the government to prove that a defendant was specifically aware of the FCPA or knew that their conduct violated the FCPA.
AML Whistleblower Act Rulemaking: Key Recommendations for FinCEN’s Final Regulations
In a 2023 letter to Attorney General, Secretary of the Treasury, and FinCEN Director, Kohn argued that the new AML whistleblower regulations must not only replicate the existing SEC and…
