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this post was submitted on 07 Dec 2024
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Showerthoughts
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Considering with many financial crimes the fine is less than the ill begotten profits, changing the fine from the current “cost of doing business” to an actual punishment is a matter of correcting a perverse incentive.
If the profits were ill-begotten then they should be paid back. Usually that's what happens, and it's a constructive form of justice.
But sending people to jail for years is just retribution. It's not a deterrent. If it were, then countries that jail people a lot would have less crime, when in fact the opposite is true. If people advocating JAIL! JAIL! JAIL! were honest with themselves, they would admit that their real purpose is just to make the culprits suffer. Okay, although personally I like to think we can be better than that. In any case, it's not gonna solve anything.
This thread is about financial fines, not jail time, but regardless, here's the 'The Formula' scene from Fight Club. This is effectively how it works in the real world. The money isn't paid back.