3 ms·
> what if there were a way to declare fines for corporate offenses based on a percentage of the money earned from committing such an offense? That basically so
by jcranmer 5y ago
> what if there were a way to declare fines for corporate offenses based on a percentage of the money earned from committing such an offense?
That basically sounds like "actual damages", which is already the norm for calculating penalties in civil suits.
> This percentage could be greater than 100% to ensure it is never incentivized to break the law.
... and "actual damages" is by definition 100%, though you can get higher than 100% by adding on "statutory damages."
(You can see this as applied to copyright infringement in 17 USC §504: https://www.law.cornell.edu/uscode/text/17/504 https://www.law.cornell.edu/uscode/text/17/504).