Hacker News Reader

Comment by notimetorelax | Hacker News Reader

I wonder how this is not a felony charge?

Exactly. Their revenues are approximately half a billion dollars. The 10 million-dollar fine will do nothing. A few days in jail for the senior people would have a much bigger effect.

Civil enforcement action by federal agencies does not preclude criminal prosecution, which often takes longer when both occur for similar conduct.

But, especially in cases where civil enforcement is on behalf of and recovers money for harmed individuals, it's often higher priority as well as being faster because their is a lower barrier to initiation.

It is a civil violation not a criminal violation.

Fraud is criminal. They should have filed criminal charges.

My original comment was misinformed. I did not realize the full scope of civil law.

According to 815 ILCS 505 there are only three defined instances that warrant a felony charge and this is only if there is a previous conviction(misdemeanor).

I'll leave it to you to show me where in the U.S.C. there is an opportunity to charge them with a felony.

18 USC 1001, plus others. Mail fraud would be one vehicle. Also conspiracy.

Does the FTC accuse them of lying to federal authorities? That's what 18 USC 1001 is about. (It's Ken White's archetypical example of a bullshit statute, for what it's worth).

My error. I should have said 18 USC 1001 and the following entries all under Chapter 47. There's quite a few examples there. There are also a bunch under Chapter 63.

It's about rich people and C levels.

Those people are nearly immune from criminal wrongdoings.

As long as they're screwing over regular folks. Mess with other rich people and all bets are off. E.g. Elizabeth Holmes.

Reply on news.ycombinator.com