I’m not sure what point you’re making.
Let’s say I make a car. Cars are supposed to have brakes, lights, airbags, crumple zones, and so on, I don’t do any of that, manage to sell my cars for much less than my competition, and I get rich. Then thousands of people who buy my cars are injured or killed.
Alice argues that this is incompetence on my part. Bob says it’s malice, because I went out of my way not to hire anyone who knows anything about making cars or safety or regulations, and my entire business model is doing things those people would have flagged.
Chuck then says, “You know that thousands of people die every year in cars that have all those safety features.” What point is Chuck making? That if even one person dies in a car with safety features, they can be safely ignored by an entrepreneur who doesn’t want to deal with building them into cars?
I’m honestly bewildered. Yes, malfeasance sometimes happens when there are controls in place. People falsify reports, or game derivatives to make risky trades that would normally be flagged. But having no controls at all is not justified by the existence of rogue employees.
I’m tempted to claim you’re supporting my argument. Nick Leeson was convicted of crimes and went to jail. I suggest that FTX’s “rogue trader” was SBF himself, the person responsible for choosing not to have any controls over the business.
If you are arguing that FTX is to be treated like Barings Bank, I suggest you’re arguing that SBF was malicious, and ought to do jail time.