If the member receives this information but does not read it, the failure to make use of the information would be considered willful blindness. Many businesses have legal and accounting professionals who should be advising them about their BSA responsibilities. Such professionals should be queried about BSA information given the client. The L-1052 describes the requirements of most businesses in general. When the L-1052 has been sent knowledge is established.
Special mailings are good evidence of knowledge if controls have been set up for returned mail.
Educational visits where the financial institution signs that it has received information concerning BSA are proof of knowledge. A prior compliance examination is proof of knowledge. Knowledge of Facts Willfulness of the apparent violator in disregarding facts, which should have caused him to report or record, can be demonstrated by facts and circumstances. Documentary evidence that the same individual received multiple transactions within a very short period of time so that it would have been clear to anyone that the transactions were related Evidence that the records were false and that the violator must have known, for example retention of a photocopied identification document, which differs from the information, provided on the form. Evidence of personal relationships between the financial institution and the individual on whom the facts were not reported or recorded is also useful.