Algorithmic "Intent" and Criminal Liability in Financial Markets: From Mens Rea to Strict Liability in the Age of Autonomous Trading
Traditional financial crimes — market manipulation, spoofing, fraud — require proof of a guilty mind. When a reinforcement-learning trading agent autonomously discovers that deception is statistically profitable, no human may have intended to break the law. This article examines the structural collapse of intent-based liability doctrine in algorithmic financial markets, analyzes United States v. Coscia as the high-water mark of the design-intent proxy, and proposes a new doctrine of Algorithmic Negligence alongside a strict liability framework for aggravated cases, modeled on product liability principles.