Chris Dodd: “There is a very difficult problem codifying the standard on recklessness. Congress has wrestled with this over the…”

“There is a very difficult problem codifying the standard on recklessness. Congress has wrestled with this over the years. We were not the first committee to try. We thought leaving the standard as it has been in the courts, making sure we are not trying to make any change to that standard here, any way other than what has been an accepted standard, was a better way to proceed, based on the advice we received. We certainly did not change that standard, as has been the suggestion, either with this act or the act of 1995 despite the fact that some courts may have read it otherwise. I can't preclude a court from misinterpreting the decisions of a Congress. But the recklessness standard has been a good standard over the years and ought not to be tampered with, in my opinion.”