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Material Breach means a breach by either Party of any of its obligations under this Agreement which has or is likely to have a Material Adverse Effect on the Project and which such Party shall have failed to cure. The legal definition of willfully is the act of doing something on purpose. Falsification means manipulating research materials, equipment, or processes, or changing or omitting data or results such that the research is not accurately represented in the research record. 2001)], "You have an excellent service and I will be sure to pass the word.". headstrong suggests self-will impatient of restraint, advice, or suggestion. There is no precise definition of the term willful because its meaning largely depends on the context in which it appears. Conviction of fraud or any other felony means any conviction for fraud or a felony in violation of state or Federal criminal statutes, whether entered on a verdict or plea, including a plea of nolo contendere, for which sentence has been imposed. An official website of the United States government. One moose, two moose. denied, 401 U.S. 955 (1971) (involving 15 U.S.C. WILLFUL Definition & Legal Meaning Definition & Citations: Proceeding from a conscious motion of the will; intending the result which actually conies to pass ; designed; intentional; malicious.A willful differs essentially from a negligent act. A Texas appellate court recently issued guidance on the meaning of "willful misconduct" in the exculpatory clause of a model form joint operating agreement ("JOA"). Legal Definition for Willful. referring to acts which are intentional, conscious, and directed toward achieving a purpose. Convictions means other than in relation to minor road traffic offences, any previous or pending prosecutions, convictions, cautions and binding-over orders (including any spent convictions as contemplated by Section 1(1) of the Rehabilitation of Offenders Act 1974 by virtue of the exemptions specified in Part II of Schedule 1 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (SI 1975/1023) or any replacement or amendment to that Order); Willful Misconduct means intentional disregard of good and prudent standards of performance or proper conduct under the Contract with knowledge that it is likely to result in any injury to any person or persons or loss or damage of property. Obstructing or Impairing Legitimate Government Activity, 931. Falsification means manipulating research materials, equipment, or processes, or changing or omitting data or results such that the research is not accurately represented in the research record. If Contractor is debarred or suspended under 24-109-105, C.R.S. Intention is always separated from negligence by a precise line of demarcation. Natural Ky. 1990)] Legal Definition list Willful Violation Willful Tort Willful Refusal to Consummate Willful Refusal Willful Professional Misconduct Willfully Willfulness Wills Common examples of such willful misconduct include excessive absenteeism, habitual lateness, deliberate violations of an employer's rules and regulations, reporting for work in an intoxicated condition, and drinking alcoholic beverages while on the job. A Willful and Wanton Conduct is a willful or wanton injury that must have been intentional or the act must have been committed under circumstances exhibiting a reckless disregard for the safety of others, such as a failure, after knowledge of impending danger, to exercise ordinary care to prevent it or a failure to discover the danger through Knowledge of the criminal statute governing the conduct is not required. A willful violation, for example, may mean a deliberate intent to violate the law, an intent to perform an act that the law forbids, an intent to refrain from performing an act that the law requires, an indifference to whether or not action or inaction violates the law, or some other variant. In common parlance, willful is used in the sense of intentional, as distinguished from accidental or involuntary. But language of a statute affixing a punishment to acts done willfully may be restricted to such acts done with an unlawful intent. On thesefacts, willful blindness may be inferred. See United States v. Hopkins, 916 F.2d 207, 214 (5th Cir. Proceeding from a conscious motion of the will; intending the result which actually conies to pass ; designed; intentional; malicious.A willful differs essentially from a negligent act. Multiplicity, Duplicity, Single Document Policy, 923. See also 1 E. Devitt, C. Blackmar, M. Wolff & K. O'Malley, Federal Jury Practice and Instructions, 17.05 (1992). You are an insufferable, wilful child with too much time on your hands. willful implies an obstinate determination to have one's own way. Misrepresentation means an untrue statement of a material fact or an omission to state a material fact that is required to be stated or that is necessary to make a statement not misleading in light of the circumstances in which it was made. In criminal law, the term generally means more than voluntary, and implies an evil mind or intent. Definition of willful 1 : obstinately and often perversely self-willed a stubborn and willful child. denied, 434 U.S. 1015 (1978). 2. Section 1341Elements of Mail Fraud, 941. False Statements to a Federal Investigator, 919. Thus, while the Internal Revenue Service is tasked with enforcing FBAR penalties, FBAR reporting is not covered under the Internal Revenue Code and is not technically a tax or tax penalty. When a penalty is appropriate, IRS penalty mitigation guidelines aid the examiner in applying penalties in a uniform manner. The term willfulness in everyday life is usually defined as someone acting intentionally in performing a behavior or action. Sufficiency of IndictmentVictims and Loss, 973. 2 : done deliberately : intentional willful disobedience. The test for willfulness is whether there was a voluntary, intentional violation of a known legal duty. Misconduct means the commission of any act of fraud, embezzlement or dishonesty by the Optionee or Participant, any unauthorized use or disclosure by such person of confidential information or trade secrets of the Corporation (or any Parent or Subsidiary), or any other intentional misconduct by such person adversely affecting the business or affairs of the Corporation (or any Parent or Subsidiary) in a material manner. To save this word, you'll need to log in. account violation penalty, because they cannot dispute FBAR penalties in Tax Court. Provisions for the Handling of Qui Tam Suits Filed Under the False Claims Act, 934. Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-. IRS did not sustain a civil fraud penalty against the person for an underpayment for the year in question due to the failure to report income related to any amount in a foreign account.. denied, 350 U.S. 934 (1956). The false statement need not be made with an intent to defraud if there is an intent to mislead or to induce belief in its falsity. In other words, a person does not have to act with any intent in order to be classified as willful by the US government and matters involving FBAR. Willful, wanton reckless conduct takes place a shade below actual intent. Willful intent to use the fuel card for personal gain will result in disciplinary action up to and including termination of employment and initiation of mandatory criminal investigation and prosecution. Lets review the basics of willful FBAR penalties. she is charged with constructive knowledge of its contents.) (quoting Greer v. Commr, 595 F.3d 338, 347 n.4 (6th Cir. The one is positive and the other negative. Despite all the fear mongering you will undoubtedly find online, the majority of penalties are civil. While it has no force of law, it is relied upon by the IRS personnel and it gives Taxpayers some insight as to how the IRS agent will treat certain violations, including willful FBAR violations. See generally United States v. Gregg, 612 F.2d 43, 50-51 (2d Cir. Some willful conduct which has wrongful or unfortunate results is considered "hardheaded," "stubborn" and even "malicious." Example: "The defendant's attack on his neighbor was willful." (See: willfully) "Reckless" includes all, or nearly all, convictions for involuntary manslaughter under 18 U.S.C. A defendant is not relieved of the consequences of a material misrepresentation by lack of knowledge when the means of ascertaining truthfulness are available. The fact that the IRS does not need to prove a Taxpayer acted with actual intent or knowledge in order to prove willfulness, makes willful FBAR penalties very dangerous and puts FBAR filers at great risk for willfulness exposure. Material Breach means a breach by either Party of any of its obligations under this Agreement which has or is likely to have a Material Adverse Effect on the Project and which such Party shall have failed to cure. Tenn. June 7, 1999)], Willful means voluntarily and purposefully committing an act with the specific intent to disobey or disregard the law. [United States v. Hoffman, 918 F.2d 44, 46 (6th Cir. Willful or intentional misconduct or criminal act on the part of any insured or during any illegal activity on the part of any insured. Copyright 1995 - 2015 TheLaw.com LLC. Proceeding from a conscious motion of the will; intending the result which actually comes to pass; designed; intentional; malicious. Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. WILLFUL INTENT: U.S. V. SCREWS AND THE LEGAL STRATEGIES OF THE DEPARTMENT OF JUSTICE AND NAACP M IA T EITELBAUM In the wake of recent highly publicized killings of young black men by police officers, the role of the federal government in the prosecution of civil rights crimes committed by law enforcement officials has once again come into the public spotlight. Please contact webmaster@usdoj.gov if you have any questions about the archive site. Willful or intentional misconduct in relation to any of the Bylaws or Policies and Procedures of EO Global or EO Nashville;4. Co., 38 N. Y. Super. Any act or omission based upon authority given pursuant to a duly adopted resolution of the Board, or, upon the instructions of the CEO or any other senior officer of the Company, or, based upon the advice of counsel for the Company will be conclusively presumed to be taken or omitted by the participant in good faith and in the best interests of the Company and/or its Affiliates. Scope of the General Statutes Prohibiting Fraud Against the Government, 903. Share sensitive information only on official, secure websites. 855; State v. Clark, 29 N. J. A wicked intention to do an injury. 1001 requires that the false statement, concealment or cover up be "knowingly and willfully" done, which means that "The statement must have been made with an intent to deceive, a design to induce belief in the falsity or to mislead, but 1001 does not require an intent to defraud -- that is, the intent to deprive someone of something by means of deceit." It has been a longstanding tradition in tax law that in order to prove willfulness in the civil arena, the government does not have the burden of proving intent.

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