In the case of some knowing or blindfully unknowing money mule in the chain or at the end of the chain, the intermediary or final banks may not be at fault. The bank could have followed KYC procedures in that somebody with that name actually existed who controlled the account.

The money mule themselves is almost certainly insolvent to pay the damages. Currencies can also change by the money mule (either to a different fiat currency or crypto), putting the ultimate link completely out of reach of the originating country.

If intermediary banks are deputized and become liable in a no-fault sense, then legitimate transfers out become very difficult. How does a bank prove a negative for where the funds come from? De-banking has already been a problem for a process-based AML regime.

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