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by ben_w 802 days ago
You need to be very careful with how you phrase that and what exactly you mean — as (for example) 3M and Boeing pay taxes and make stuff broadly useful across society, the set of people benefiting from misbehaviour which these companies are deemed responsible for is… basically everyone.

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.

1 comments

To clarify, I am only talking about direct financial benefit (capitalist ownership). But it has to be backdated to the owners at the time range when wrongdoing occurred. That way you can go after people who sold (for profit) their stock before the wrongdoing was discovered.

Financially punish the capitalists who benefit from crimes and the executives that are currently getting away with crimes won't continue to get away with anything. (Laws and regulations will change rapidly when money is on the line)

Punishing only the people responsible for the crimes is a losing strategy. You have to eliminate the demand for that behavior. Because there an endless supply of morally corruptible people to take the fall so that capitalists can gain.