I don't think people are surprised that it is fraud, just that there isn't a better way to prosecute it. If ExxonMobil's board hired a hitman to kill a competitor's CEO, I think people would hope that the response is to prosecute the board for murder and not merely for fraudulently claiming their company is valuable when they were actually relying on destabilizing their competitor. No one's defending the fraud, it just doesn't seem like the most important problem here.
