The following excerpt is from Irving H. Picard, Tr. for the Liquidation of Bernard L. Madoff Inv. Sec. LLC v. Ceretti (In re Bernard L. Madoff Inv. Sec. LLC), Adv. Proc. No. 08-01789 (SMB), Adv. Proc. No. 09-01161 (SMB), Case No. 08-99000 (SMB) (Bankr. S.D.N.Y. 2015):
and (2) the defendant must take deliberate actions to avoid learning of that fact.") Willful blindness is equivalent to the criminal law concept of "conscious avoidance." See United States v. Samaria, 239 F.3d 228, 239 (2d Cir. 2001) ("The conscious avoidance doctrine provides that a defendant's knowledge of a fact required to prove the defendant's guilt may be found when the jury 'is persuaded that the defendant consciously avoided learning that fact while aware of a high probability of its existence.'") (citation omitted), overruled in part on other grounds, United States v. Huezo, 546 F.3d 174 (2d Cir. 2008).
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