Jeff Skilling (Enron) served 12 years in jail for insider trading and securities.
Not saying that Skilling, Maddoff or SBF shouldn't have gone to jail. They deserved it. But I do find it interesting that financial crimes can tend to be the most harshly judged, likely because of who they impact (the people with money) and because they cause distrust of the financial system as a whole.
> Madoff stole $20-35B
Not to defend Madoff, but it's not like he made off with that money himself, so I'm not sure "stole" is the correct term. Most of that money went to investors -- it just went to a different set of investors than the ones who had put that money in (the nature of a Ponzi scheme).
Isn't a common critique of the justice system that white-collar crime gets you less prison time (in nicer jails) than being for ex a drug dealer?
Plenty of finance scammers and conmen who stole millions get <5-10yr sentences
Steal the pensions and other retirement funds of millions? At worst, slap on the wrist.
Steal a single dollar from a single billionaire? Hope you like solitary, buddy.
Ross Ulbricht is a very unique, interesting case. I don't for a second believe that Trump has any moral imperative with pardoning him, but his sentence for the crimes he was prosecuted for was very clearly unjustly large in an extensively murky case. There's also a whole slew of benefits to Trump for pardoning him - it's largely perceived as very pro-crypto, pro-libertarian (ironic), etc.
What else would the term be? Did you always feel that Robin Hood was being unfairly maligned when he was described as robbing from the rich and giving to the poor?
All of those people were perfect people to throw the book at.
For the next 2 years all bets are off.
Broken clocks and all that. I entirely agree that he may have a potential muder conviction on his case, but they instead threw the book at him for a much lesser crime for a way too large sentence. Especially if we compare it to the War on Drugs.
You're imagining something like a thief who just intends to steal $X, robs a bank, counts out $X and leaves the rest of the money untouched. In reality, most thieves are opportunists: they will take as much money as opportunity allows without getting caught.
Obviously you couldn't physically fit $1B cash in a wallet, but assuming this hypothetical wallet did have $1B, does that make the thief more heinous or just luckier?
(If you must insist on a literal and physically accurate wallet in the hypothetical, just imagine it held $1B in Bitcoin.)
I get that there are different views on how much punishment should be based on intent vs outcome. My opinion is factoring in outcome in criminal sentences is often pragmatic, but if we had omniscient judges, judging on intent would be ideal.
The hypothetical is there to try to tease out a principled stance from our intuition. If someone stole a wallet that contained $1B, should their punishment be a million times harsher than someone who stole a wallet with $1000? Should it be 5x harsher? The same punishment?
If your stance is that luck would not ideally affect one's punishment then the amount stolen isn't itself a factor in determining the punishment. It's downstream of the true factors, such as the number of thefts committed. The amount stolen is correlated but not causal.
I don't think this is generally the stance. If you give someone a little shove, they bump their head, and they get a bruise, you've committed assault, you're facing up to a few months in jail. If you give someone a little shove, they bump their head, and they die, you've committed murder, you're facing potentially years in jail. According to the eggshell skull legal doctrine[0], it doesn't matter that some people are especially more vulnerable than others (ie that you were particularly unlucky and pushed someone who happened to have an eggshell skull), you take responsibility for the consequences when you do something illegal.
Now in our world, no one is going to steal a wallet with $1 billion in it - there is some reasonable assumption that when taking a wallet you are at most stealing a few thousand dollars, and never more money than a person would be comfortable keeping in their wallet. While that's against society's rules for various reasons, it's not a particularly damaging crime. The victim will be perhaps very inconvenienced, but no worse.
However if we lived in a world where a wallet might contain 1 billion dollars, that would be a different story. Now you might very well be causing life altering damage to large numbers of people when you steal a wallet. The decision to do so, knowing the risk, is a much more serious offense. The metaphorical wallet Madoff stole was not only possibly filled with an enormous sum of money, it very likely contained that much. Beyond the much greater and repeated effort that Madoff employed to steal this money than would be needed to snatch a wallet, the very fact he was willing to cause so much potential damage for his personal gain is a much more severe breach of the social contract than a petty thief.
There definitely shouldn't be a simple linear relationship of dollars stolen to days in prison; but that doesn't mean the punishment should be completely agnostic either. These relationships are complex and need to be looked at in context with other relevant factors like pre-meditative effort or degree of remorse. Regardless of one's stance on rehabilitative vs punitive justice, I think we can all agree someone who effortlessly broke core parts of the social contract and would gladly do so again needs to be treated differently from someone who made a bad call in a moment of weakness.
What you're describing is manslaughter or possibly not a crime in most jurisdictions, but your point stands. Generally, murder is an intentional killing, and manslaughter is an accidental killing. But if, say, you give an aggressive drunk a little shove and they bump their head and die, you probably haven't committed a crime. Nonetheless, luck absolutely plays a role in punishment in our current justice system in a thousand different ways. I don't think most people consider the element of luck to be ideal so much as an unfortunate but necessary reality.
With the eggshell skull doctrine, you're talking about paying for damages in a civil case. I think most people see reparations differently than punishment. In civil law, you pay to fix the damage you caused, even though the exact amount comes down to luck. But criminal punishments require some criminal intent. It's a higher bar.
> there is some reasonable assumption that when taking a wallet you are at most stealing a few thousand dollars
I think you're giving thieves too much credit here. They may not expect most wallets to have more than $1000, but I don't think most thieves have some innate goodness in them that makes them want to get a wallet with less than $1000. I think it's the opposite: if thieves knew someone had $1B in their wallet, and the chance of getting caught was the same as stealing any other wallet, I think most thieves would want to steal that wallet more, not less. And I don't think most would care if the money in that wallet rightfully belonged to the investors of Madoff Investment Securities either.
> factors like pre-meditative effort or degree of remorse ... moment of weakness
With these factors, you're judging the thief based on their character. We're both advocating this. The difference is you're arguing someone who steals a larger amount of money has a worse character while I'm arguing they just had greater opportunity.