Corporations can't act, people inside the corporations act. If laws get broken, the individuals who made that choice should pay the price. This wasn't a defense of the company, I'm fine with the company getting fined here, so long as the people who did this get penalized as well.
So long as we let companies be a sort of shelter for the people inside the company, this kind of activity will continue.
There should be at least 15 conspiracy charges in addition to the CFAA violation charge.
Through symmetry if a player is expelled from a league for doping, a manager who arranged/encouraged it should face the same, probably.
That's all I'm looking for here.
> "As a result, Astros general manager Jeff Luhnow and field manager A. J. Hinch were suspended for the entire 2020 season for failing to prevent the rules violations. The Astros were fined the maximum allowable $5 million and forfeited their first- and second-round picks in the 2020 and 2021 drafts. No players were punished because they had been given immunity by MLB in exchange for their cooperation.[1] The Astros subsequently fired both Luhnow and Hinch on the day their suspensions were announced"
The individuals who made the decisions were held accountable, or at least some of them.
Andrew Fastow committed suicide
Ken Lay died of a heart attack before his trial
Lou Pai walked away with $250 million and disappeared
The litany of charges that were brought against the rest of the people involved have not been very successful:
https://www.chicagotribune.com/sns-ap-enron-trial-glance-sto...
All of those sentenced in the above article were for reduced sentences since many of them testified against Skilling and others in order to get a shorter sentence.
The only one who served any real prison time was Skilling.
Aside from that, totally agree. Many of the people who benefitted from the Enron disaster walked away without consequence. Very unsatisfying end.
Examples:
Mike Tomlin fined for blocking an on-field player, the team may have been penalized by forfeiting draft picks: https://www.nfl.com/news/mike-tomlin-fined-100-000-for-actio... They weren't: https://www.nfl.com/news/steelers-won-t-lose-draft-pick-for-...
Coaches fined $100k for not wearing face masks, teams fined $250k: https://www.nfl.com/news/nfl-fines-broncos-49ers-seahawks-fo...
Saints fined $500k and stripped of draft pick: https://www.nfl.com/news/saints-fined-500k-draft-pick-patrio...
Controversial team fines: https://www.nfl.com/news/draft-picks-that-have-been-stripped...
- Falcons for fake crowd noise
- Patriots for "deflategate"
Saints were fined as a team, head coach suspended, players suspended for "bounty gate": https://en.wikipedia.org/wiki/New_Orleans_Saints_bounty_scan...
Team sports can be lost by a player, but must be won as a team. E.g. Kyle Williams of SF 49ers muffing two punts in the 2012-Feb-22 game against the Giants (off his knee, and the strip).
The important point to me about the company being liable is that a) the company itself benefited from the crime, and b) management knew about the crime happening; this wasn't a single rogue employee who did crimes and hid that fact from everyone else. (Contrast this to an employee using company resources, in secret, to commit a crime that only benefits the employee.)
And no consequences for the people involved means there's no deterrence. In the future, employees with unethical management will realize that they can do this sort of thing with little risk to their own livelihood, so why not give it a try?
I'm not really sure why you think this distinction is important. If a sufficient enforcement/punishment was laid on a company you can bet the employee responsible will feel it. Rather in this sense because there was no real punishment the employee was commended.
The employees most responsible are the executives who signed off on, were aware of and/or managed the criminal activity.
What they felt was a gentle caress across their wrist, which some may pretend was a slap.
The fine was likely less than the cost of the C-Suites annual bonus package.