Intent to do the act that led to the bad thing is not necessarily difficult to prove. Usually, it is quite obvious. If they spoofed, you don’t have to prove they intended to do it. They did it or they did not, if they did it, the intent to do those specific things that spoofed the stock is more than adequate. If they created software that did prohibited things, likewise. Not so good for them. Don’t have to prove that the employee that then used the software, who did not know it spoofed stocks, thought he was doing something wrong.
Not unlike many torts, often people do things that are wrong, not with the intention to do “wrong”, but just the intent to do the act that caused a wrong.
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