Series 63 practice questionmediumCriminal Penalties—Defenses
Under the USA, which of the following is the best defense against a criminal charge?
- AThe violation was willful
- BThe violation was not willful✓ Correct answer
- CThe Administrator has not issued a rule on the specific conduct
- DThe client did not suffer a financial loss
Explanation
Why B — The violation was not willful
A lack of willful intent is a valid defense against criminal penalties, as criminal liability requires willful conduct (Section 409).
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