this post was submitted on 06 Nov 2023
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of course they did, the penalty for getting caught destroying evidence is far, far less than the penalty for the price fixing they're accused of. the law is designed to incentivize them to do this.
we could make it so that the penalty for destroying evidence in a court case once its been subpoenaed is twice the penalty of the original case, but we don't. we could make CEOs responsible for the actions of their employees (after all, they're quick to claim responsibility for the actions of their employees when those actions generate money), but we don't.
It's not though. It usually laxed but generally rules of procedure allow a judge to accept spoliation as proof of the crime they're accused of.
It's not going to stop until we start holding executives physically responsible for their crimes in disfiguring ways. "Why is the right half of your face missing, Bob?" "Insider trading" he writes on an index card because he's been debarked.