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Oh I definitely agree. Both should ideally be charged because these people were acting on behalf of the company and were in management positions, which makes the company legally liable for their actions.

But if I only get to choose one to charge, I go the individual route any day of the week because it reduces/removes the moral hazard of getting to shift your criminal activity to an intangible, legal entity like a corporation. Sure, you'd never get the $435M settlement from these people, but once everyone knows the government is coming after them personally, I would bet my last dollar that this type of crap virtually never happens again.



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