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this post was submitted on 22 Feb 2024
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I don't understand why companies who commit blatant fraud like this aren't required to disgorge all fraudulently earned money. If someone defrauds banks they get fined based on their earnings in a way that hurts. If someone defrauds consumers for "tens of millions of dollars" they are only fined $16M.
Well, actually I do understand, I just don't like it and don't like what it says about this country's priorities.
By New York state law you are, any "ill gotten gains" must be surrendered. And the fine accumulates interest during any appeals to boot. it's why Trump is getting his nearly half a billion dollar fine. I wish all fraud laws were that way though. I believe most are typically based on common law fraud, and usually there's some kind of flat fine and the the rest is based off provable damages to other parties, rather than the amount of profit.
Yep. Things don't have to be this way.