If I slam on my brakes while driving on the freeway, throw my car into reverse, and manage to get home without hitting anyone, I’ve still broken the law. I think we want to sanction dangerous behavior regardless of outcome. That Shkreli didn’t lose his investors’ money is luck and should have nothing to do with his punishment for doing something that could well have lost people money.

Crime (criminal liability) is violation of statute. Civil liability is based on harm caused. It's been this way for a long time.

Its something like this. Say a person burnt his house, the house is razed to ashes. There is nobody killed, nobody injured or let's say nobody was even present at home.

The house was insured, but the owner doesn't claim insurance either.

Despite all this. No insurance scam and no harm to anybody. But still the guy setting fire to his own home will considered a arsonist.

It's unfortunate that questions which invite clarification and education are constantly downvoted on HN.