The decision has already been made that 28 banks are too big to fail.

Here is the full list:

http://www.financialstabilityboard.org/publications/r_121031...

If you are management at one of these banks, you essentially have a risk-free business, and can do whatever you want without fear of bankruptcy or prosecution.

http://www.golemxiv.co.uk/2013/03/twilight-of-justice/