My argument can be expanded to the fact that if a “rogue underling” did this without C-level input that leadership at the company is negligent at the least, or attempting to abstract responsibility and hide the issue behind deniability at the worst.
Addendum: I should have picked a better phrase to start with. I agree that the legal process is the correct way to proceed, but once a determination of culpability is made, hiding behind layers of leadership should not be the defacto norm.