> That, as the complaint highlights, the FBI instinctively acted as Goldman's punitive arm rather than conducting an independent investigation into the facts of the case is disturbing, to say the least.

needs, I think, to be taken with the following quote from your linked article:

> The Web site Serge had used (which has the word “subversion” in its name) as well as the location of its server (Germany) McSwain clearly found highly suspicious.

It looks like the FBI agent did "[conduct] an independent investigation into the facts"...it just wasn't a, shall we say, "good" investigation.

I had intended to write that concerns about the FBI acting as "Goldman's punitive arm" seem overblown, but as I was writing I think I changed my mind. While I initially thought liability would be a sufficient way of resolving this situation, the diffuse nature of responsibility here is going to make it really hard. On the other hand, I've seen instances where Michael Lewis himself has seemed to condemn the level of care in the application of government enforcement that seems to have been called for here.