But if that's true, then the state can't simply accept that reality every time a huge company starts committing serial fraud or theft. If these companies commit crimes but are too big to prosecute, well, then, in lieu of indictments of the firm, or jail terms for executives, they have to become smaller, so that they can safely be prosecuted the next time. The state has the power to make that happen, but it would be a shock if they ever exercised that power.
That won't happen, however. Almost guaranteed, these investigations will end with huge cash settlements. We'll keep the jails filled with food-stamp thieves, while the bank execs who knowingly hawked doomed mortgage bonds to "widows and orphans" all over the world will almost certainly get off. At worst, their shareholders will cough up another billion or two in settlement money.
All of this is stuff that has to be kept in mind when news of such investigations leaks. It may sound like tough action. But it could just as easily be more of the same cost-of-doing-business, for-appearances-only non-regulation of the looking-busy genus. Wake me up when someone goes to jail.
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