Here's the one lesson I really want us to all learn from this: the only thing the rich fear is prison because prison robs them of time. Fines are just the cost of doing business. There are many other scandals: the whole subprime disaster, pollution from plants and the like where no one went to prison and people really should've.
I disagree. -- “Bernie really was a successful businessman with quite original insights into the market, and he’s continued applying his business instincts in prison,” Fishman said. “At one point, he cornered the hot chocolate market. He bought up every package of Swiss Miss from the commissary and sold it for a profit in the prison yard. He monopolized hot chocolate! He made it so that, if you wanted any, you had to…
Bernie Madoff has died
281–290 of 406 posts
Re: Bernie Madoff has died
#282Earlier quoted context omitted.
Regardless, the argument there isn't that you can't sue the government at all, but instead that the government is granted immunity for some subset of actions. Going back to the original point, personhood is clearly not a requirement for being named in a suit. For more examples you can also see in rem cases, where the government sues property itself for civil forfeiture. 11 1/4 Dozen Packages of Articles Labeled in Pa…
> but instead that the government is granted immunity for some subset of actions. It's actually the opposite. You can only sue the government when they explicitly give you permission. https://en.wikipedia.org/wiki/Sovereign_immunity_in_the_Unit...
Re: Bernie Madoff has died
#283Earlier quoted context omitted.
Do you think that a system of public service / community service requirements instead of fines would be better for common offenses? Without any real research I have often thought that instead of fines for parking violations, noise complaints, (other misdemeanors) etc - having someone spend time instead of money would make those sorts of punishments more equitable. There are issues - child care if a parent has to spen…
The criminal justice system already does this extensively. Often people are sentenced to community service. So I guess your question is really should this be extended to more low-level offenses like minor traffic violations? It's an interesting question. In Switzerland, for example, speeding above a certain level ceases to be a fixed fine and is instead a percentage of your income. I'm a fan of that. Fixed fines tend…
Re: Bernie Madoff has died
#284Earlier quoted context omitted.
Normalization imprisonment of boards of directors and executive officers of companies that break the law.
I tend to agree, but how do you deal with sketchy companies installing a sham board and executives?
Sham boards/executives only are issues if the prosecution itself is a sham, more concerned with the appearance of the thing than deterrence.
Re: Bernie Madoff has died
#285Earlier quoted context omitted.
If the technology in fact has no such potential I fail to see the distinction. Particularly when the actual mechanism of raising value for early investors is convincing more to come in based on that narrative, but old investors can only cash out from new ones.
The distinction is that any investor can form their own opinion about the technology equally well. We don't, and can't dictate to investors what technologies they ought to consider worth investing in. The mechanism you are describing is the mechanism by which every speculative investment works. That's not what identifies a Ponzi scheme. In fact it specifically can't be a Ponzi scheme if the old investors are aware th…
That’s not true. Most speculative investment promise revenues if they succeed.
For your last sentence, why would that be true? In the case of bitcoin, the early investors have been led to believe that later investors will need to invest. But this can easily be false.
Re: Bernie Madoff has died
#286Earlier quoted context omitted.
> but instead that the government is granted immunity for some subset of actions. It's actually the opposite. You can only sue the government when they explicitly give you permission. https://en.wikipedia.org/wiki/Sovereign_immunity_in_the_Unit...
The whole point I'm making here is that you can sue an entity without personhood.
Re: Bernie Madoff has died
#287Earlier quoted context omitted.
I disagree. -- “Bernie really was a successful businessman with quite original insights into the market, and he’s continued applying his business instincts in prison,” Fishman said. “At one point, he cornered the hot chocolate market. He bought up every package of Swiss Miss from the commissary and sold it for a profit in the prison yard. He monopolized hot chocolate! He made it so that, if you wanted any, you had to…
Assuming that's actually true, what an amazing picture it paints of him just being a complete fucking dick. It's not like the money he was making from that mattered at all... he did it just for shits and giggles. What an unbelievable asshole.
He successfully managed to leverage market forces to create economic inequality and make himself 'rich' in the micro context he operated in.
Which is a great example for why great wealth is not a virtue, a 'free market' is not a savior, and why greater regulation and taxation on the super wealthy is acceptable - they got there by being, as you say, unbelievable assholes.
Re: Bernie Madoff has died
#288Earlier quoted context omitted.
Okay, but the value of gold has basically zero relationship to it's industrial or commercial uses, so that isn't really relevant here.
There could be some value attributed to being able to use gold as a store of value and currency in the event of a dissolution of modern society such that the internet or widespread electricity is no longer around.
And people with guns are going to quickly steal your gold anyway.
Re: Bernie Madoff has died
#289Earlier quoted context omitted.
The whole point I'm making here is that you can sue an entity without personhood.
That's right. I just pointed out the one of the pieces of evidence you used is slightly wrong. Suing the government is a very special case.
Re: Bernie Madoff has died
#290Earlier quoted context omitted.
>Joe Bigshot, former SVP at BigCo, was sentenced to 5 years in jail, and had to sell two of his nine houses to pay the $20M fine" is much better. Well, they sort of do that in Russia. So the CEO/founder of almost any sketchy company is a homeless person that signed the paperwork in exchange for some free vodka. Didn't particularly solve the problem. Corporate fines just need to be sufficient to make such "business" u…
> Well, they sort of do that in Russia. So the CEO/founder of almost any sketchy company is a homeless person that signed the paperwork in exchange for some free vodka. Didn't particularly solve the problem. Can you find me a reference to this? I could believe it, but by default I'd be surprised if it were true at any real scale.