[lesuorac]

> The problem is that "illegal" in the context of a corporation means a fine. If the fine is less than the extra revenue generated (and it often is), there's no reason not to engage in the illegal behavior.

I think it's a bit worse than that.

Take a look at sports where plenty of teams will very willingly over-pay for players in terms of salary or even trade say 4 draft picks for a player when you'd expect at least 1 of those picks to draft somebody of a similar caliber.

In situations where the individual can personally gain (say from winning playoffs or a big bonus from extra sales) and the team (corporation) would be liable for the downside there's incentive to make a technically losing move. If the team doesn't do well you're fired anyways so it doesn't matter how much of a long-term bind you cause. Just like if the corporation takes a fine 5~10 years later like you've definitely gotten some fat bonuses in the interim that won't be clawed back.