One of the things that I have been considering: we create penalties to help deter bad behavior, but what happens when the penalty is just another entry in the budget? As an example, suppose you are a company manager and you know that doing the right thing would cost you 5bn, but doing the shady thing and paying the fine afterwards would cost you 500mn. The math is obvious. The fine is no longer a punishment but a business cost. A fine on law-breaking that is well worth paying. And this happening everywhere:
- Banks that launder money and pay fines that are a fraction of the profits.
- Technological firms that breach privacy regulations since the fine is insignificant to the data worth.
- The companies that pollute and plan the fines of EPA in their quarterly estimates.
The funny thing is that all of the people involved know that they are doing this. Regulators know. Lawyers know. The companies are well aware. But the system continues to operate because... why? Because changing it would require penalties so severe to them that they actually hurt, and nobody wants to be the person who "kills jobs" or "stifles innovation"? Unless penalties are deterrent, they are merely the cost of entry. And as much as you can pay the price, you can do anything. Which means rules only apply to people who are too poor to break them
