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by struant
809 days ago
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The people benefiting from any behavior ranging from deceptive to criminal should be at least partially held liable (at minimum to not receive any profit whatsoever from those misdeeds). Will this change investor behavior and industry culture? Yes, and that is not only a net good but absolutely necessary. If you want capitalism as a financial system then holding the capitalists liable for wrongdoing that benefits them is the only way you avoid turning the planet into a hellscape. |
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Even in a more narrow case with no complications (even narrower than SBF, because he distributed money to good causes who can't pay it back), you're including the defence lawyers.
I'm (caveat: not a lawyer) more in favour of specifically criminal behaviour being handled by "piercing the corporate veil", putting the penalty directly on the humans who actually did the crime without letting them hide behind corporate personhood: https://en.wikipedia.org/wiki/Piercing_the_corporate_veil
But of course, it can be hard to prove who knew what, so sometimes "follow the money" is easier. And yes, I also agree with you that there are misaligned incentives in capitalism that lead to bad outcomes and we should work to improve that — just don't throw out the baby with the bathwater.