"Uh, i don't get it. If they are changing 'willfully' and 'knowingly' to just 'knowingly'...how does that change anything? In your example, the person did NOT "knowingly" break the law, so they still wouldn't be charged....rig"
From: http://nycfederaldefense.com/2010/10/what-is-the-difference-between-%E2%80%9Cknowingly%E2%80%9D-and-%E2%80%9Cwillfully%E2%80%9D-in-federal-fraud-cases/ A false statement made knowingly and willingly is a statement made with an intent to deceive, to mislead, or to deprive someone of something by means of deceit. Amongst the four categories of Mens Rea (culpable mental state), which serves as grounds for the seriousness in punishment in criminal cases, the first two knowingly and willingly are considered to be grounds for more serious punishment. Willfully is when the unlawful act was done deliberately and with knowledge, and does not require proof of evil intent. Knowingly is when the defendant acted with knowledge of the falsity. If there is intent to mislead or to induce belief in falsity, then false statement does not need to be made with intent to defraud. If the defendant recklessly disregards or makes a conscious effort to avoid learning the truth, then the defendant is knowingly acting to deceive. If a defendant claims that he/she doesnt know that his/her actions constitutes as fraud, the prosecutor may try to prove the defendants knowledge of falsity by proving that the defendant either knew the statement was false or acted with an intent to avoid learning the truth. Basically, it becomes your word verses those who are black-bagging you that you didn't know it was illegal. There is no need for intent to harm. Good luck with that one in court (unless you can afford a celebrity legal defense). That is, if you get a trial, since the NDAA allows indefinite detention. J - None who have always been free can understand the terrible fascinating power of the hope of freedom to those who are not free. - Pearl S. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Order the Adobe Coldfusion Anthology now! http://www.amazon.com/Adobe-Coldfusion-Anthology/dp/1430272155/?tag=houseoffusion Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:348158 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/groups/cf-community/unsubscribe.cfm
