Is Financial Ombudsman describing UK or USA law or is there a difference on this?  It would seem reasonable to revise the law to make fraud prosecutions less dependent on demonstrating intent, or perhaps create a different legal category in both criminal and civil law not dependent on proving intent.  But then the politicians have another term for those we would call fraudsters: contributors.

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."