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This is a great example of what Nassim Taleb would call "lack of skin in the game"[1].

It's a wonder that we don't see more of these crimes, given that the rewards (if they don't get caught) accrue to the parties responsible, while the punishments (if caught) are suffered almost exclusively by everybody else. The people who made the criminal decisions do not suffer when the corporation is fined/santioned, it's shareholders, innocent employees and society at large who do. In other words, there's very little disincentive against this behavior.

What we really should consider is adding personal criminal liability to corporate officers who are found to either commit or condone financial crimes, as far up in the call stack as it can be proven.

1. http://www.amazon.com/Antifragile-Things-That-Disorder-Incer...




Fraud is fraud. I understand that it is possible for officers of corporations to face jail if found guilty of fraud.

My understanding is the lack of will (or resources) for entities like the DOJ/SEC to investigate and punish those responsible.




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