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The proper response would be to prosecute both the corporation and specific individuals who acted illegally. The former as a corrective action to help unwind a
by Sindisil 5y ago
The proper response would be to prosecute both the corporation and specific individuals who acted illegally.
The former as a corrective action to help unwind any advantage gained in the market due to the illegal activity. This means, though, that fines need to actually claw back the ill gotten gains, not the small fraction they represent today. Right now, the fines are just another expense, assuming the company even gets caught.
Prosecuting the company properly might also ensure some measure of justice in cases where specific individuals' guilt is obscured by corporate structure and systems (intentionally or otherwise).
Prosecuting individuals who break the law in service of their employer (executive or not) isn't much different than prosecuting soldiers who commit war crimes -- obviously different in degree, but not in kind.
"I was just following orders" shouldn't be an acceptable defense in either case, though coercion and fear of reprisal should certainly be taken into account.