Worse than sketchy - it's fraud. People should go to jail for this.
So if they only face fines it makes sense for them to weigh up the potential gains against losses - and its not just flat cash.
On top of that bear in mind that high sales figures will allow them to grow faster - you can't fine growth very easily.
And if you extend this out, you start to wonder just how many non-violent crimes ought to be punishable with prison. The shoplifting example, for instance, might be something that should only be a civil penalty rather than criminal, as long as it isn't armed robbery.
It's hard to know where to draw the line, but if you want these people to go to prison, then don't highlight crimes that the majority of Americans now think shouldn't be crimes.