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Picard v. J. Ezra Merkin, Gabriel Capital, L.P. (In re Bernard L. Madoff Investment Securities LLC)
“Willful blindness,” on the other hand, involves two elements: “(1) the defendant must subjectively believe that there is a high probability that a fact exists and (2) the defendant must take deliberate actions to avoid learning of that fact.” Global-Tech Appliances, Inc. v. SEB S. A., — U.S. -, 131 S.Ct. 2060, 2070 , 179 L.Ed.2d 1167 (2011) (emphasis added). 15 If a person who is not under an independent duty to investigate “nonetheless, intentionally chooses to blind himself to the ‘red flags’ that suggest a high probability of fraud, his ‘willful blindness’ to the truth …
Retrieving the full opinion text from the archive…
Rubenstein
v.
United States
v.
United States
No. 05-158.
Supreme Court of the United States.
Oct 3, 2005.
Published
C. A. 2d Cir. Certiorari denied.