Corporate fines should be in % of the company income.
I would also argue that personal fines should be like that too.
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Corporate fines should be in % of the company income.
I would also argue that personal fines should be like that too.
All fines should be a percentage of income. Otherwise we have what we call a poor tax on people who can’t afford it, and “the price of doing business” for people who can. And I’m not referring to just companies.
It has to be worth, not just income. There's too many loopholes around "I don't have income I just have stock I use as collateral for a loan" or "I don't have income but my LLC happens to pay for all of my daily expenses".
But yes, all fines need to scale with the perpetrator. The more dollars you have, the less each dollar means.
A $100 ticket for parking on a crosswalk means nothing to a millionaire, but is potentially ruinous for someone living in poverty. It needs to hurt the same for everyone. The millionaire should have to pay hundreds of thousands of dollars. They need to feel pain.
A lot of people are really shitty and operate at a very basic level of moral reasoning. It's just "did I get punished?".
I don't have income but my LLC happens to pay for all of my daily expenses
That's income. Not according to tax laws, but that's also why we shouldn't base monetary penalties on tax law. These fuckers have been exploiting the loopholes to have the most money and power and also pay almost nothing. But they still eat! And grocery stores don't accept leveraged loans, securities, Bitcoin, or percentages of annuities... At some point, they touch money. So let's tax (and penalize) them so they can't avoid paying their fair share.
just have stock I use as collateral for a loan
Maybe stuff you can't pay with also shouldn't be allowed to loan money with. I know it currently does work like that, I'm just saying it shouldn't, because this creates so many loopholes.
A friend shared a memory of his drug dealer dad, when they were in vegas, lost a ton of money gambling and flipped the fuck out. Started smashing vases.
Security approached. He threw hundred dollar bills at them. They started handing him more vases.
Not income, global revenue of the parent company, like GDPR does it
So if Google fucks up, it’s the full revenue of Alphabet Inc that determines the fine.
That way you can’t found GDPR Violation Incorporated and do your shady stuff there risk free.
Meanwhile, Google is illegally chopping down a forest to make space for a data centre. Those fines should be proportional to revenue too. That would teach them not to mess around with trees.
trees are different. malicious removal of them for profits is even worse. the fine should also be recurring, and paid-in-full annually until that forest is restored to its former condition.
So… about 100-200 years?
Operate fines should be a % of income + the amount of illegal gains. Most times the fines today are much lower than the amount of profit they make from committing the crimw
fines should be levied against the company itself while the c-levels get arrested for the crimes they orchestrated. if you or i committed even a fraction of the crimes that c-levels get away with, we'd be in prison for the rest of our lives.
Damn straight
*Networth
You fuck up badly, better be ready to liquidate some assets.
Isn't that what European laws are now doing?
And that's for offense 1.
Offense 2 within 5 years of the first would be same as offense 1, plus losing the right to pay dividends and issue derivatives for a year.
Offense 3 within 5 years of the second would be same as 1 and 2, plus you get restructured as a nonprofit.
Offense 4 within 5 years of the third would be the entire management board's and executive team's browser, chat, email, and dating app history gets published...

I saw a comment suggesting companies should "go to jail" like a criminal would, and you have them limit how much they are allowed to interact with the public world until their sentence is up.
I think it's a pretty interesting way to deal with it. It makes sense for retribution and it forces companies to have cash on hand to cover costs while "locked up" to cover costs. It would really make businesses risk averse.
What if they restructure?
There are companies that deserve the death sentence and should just cease to exist in order to protect the rest of society.
They should just be nationalized and/or syndicalized depending on their size. No need to destroy people’s jobs for crimes of the capitalists running it, just hand over reins and profits to the employees and/or public at large.
Honestly forcing them to make it right, with all their money and resources, is a better punishment than just leaving to go get another job elsewhere as a new company.
I've been saying it for years and years now, fines need to be proportionate to a person's or company's assets and earnings.
or a running net percentage. 1% of net income so long as the penalty applies. google tore down a forest without permits, how about 1% of net profits until the forest is restored
Gross profits. Because they can absolutely manipulate the net. And do.
This.
Agreed. I think they should be a percentage of that sort of thing. Ive heard wealthy people say “xyz isn’t illegal, you just have to pay a fine.” Like…huh? The uber wealthy aren’t a part of this planet, that’s just insane to say.
There is already a well defined legal remedy that is used against regular people that commit financial crimes.
Treble damages are a legal remedy where a court multiplies a plaintiff's actual, proven compensatory damages by three.
This should be the bare minimum for corporations. Corporations are legal people but not actual people, they are soulless machines that seek profit, the only way to deter them from criminality is to make crime unprofitable. Anything less is inviting them to do crime and pay a fine because doing so generates a profit.
Yeah; we very obvious need to move to gross-revenue-based fines. Megacorps can effectively ignore dollar-value fines, since even the maximal amounts are so relatively minuscule that they’re simply seen and handled as an OpEx line item, so there’s effectively zero deterrence factor.
I've said for years the fines should start with the revenue from said act, then have a serious fine on top of it, like maybe 50%. So, company makes $1 billion breaking the law, the fine is $1.5 billion. Second offence 100%, so $2 billion for this scenario. Obviously the second offence would be something different with a different revenue, but still the second offence is revenue + 100% of revenue. Third offence, nationalize the company.
Some (too few) laws have such fines. One example is the European Union's Digital Services Act which states: Fines up to 1% of the worldwide annual turnover can be imposed.
Fines for natural persons based on income and wealth are rare, but exist. Finland and its traffic violations is one example. The story is that happiness was great when a senior executive of Nokia was caught for such a violation some years ago whe n Nokia was still relevant.
Seems like every corporation should have a designated group of upper execs who assume responsibility for illegal corporate actions. I know they can sometimes be found guilty of knowingly making decisions that break the law, but the complexity of business makes placing blame on an individual extremely difficult. It should be a more straightforward liability they accept with the job. Some of these people make so ridiculously much money from their positions, they should bear a corresponding degree of responsibility.
When we talk about prison reform, we talk about the three main functions of prison: incapacitation, rehabilitation and deterrence. Corporate persons are conceptual, amoral agents incapable of personal growth, so I don't think rehabilitation is a useful lens for thinking about corporate fines, but I think deterrence and incapacitation are worthwhile. Fines as a percentage of corporate income speaks to incapacitation -- a corporation with less money can do less harm -- but it doesn't address deterrence. In a perfectly efficient capitalist economy, we should expect that corporations will take any option that nets more revenue than it costs to implement, inclusive of any fines, and the fine is only deterrent if it makes the offense so expensive as to be unprofitable, which is only loosely correlated with corporate income. I'd say, it's the maximum of: a percentage of corporate income, the cost to fix the damage, and the amount of profit the corporation derived from the fined behavior.
Fines should be based on a percentage of the companies income.
20% of 30 billion dollars is gonna hurt a lot more than a 20 million dollar fine. especially if that 20 mil fine is based on an evil act that made the company 800mil.
and guess what? they can avoid the fines by stop being fucking vile ass evil piles of shit.
50% gross revenue
Same argument holds for individuals, there are many violations that are capped there too (at least in my country)
If corporations want to be treated like people, they should also go to jail and/or be executed for great enough crimes.
I've been screaming for decades now, that we need wealth caps. Why the fuck is it okay and acceptable that a single person can get full % of the entire world's wealth? Or whyneven do we allow billionaires? Or centillionaires. Nobody should be able to have a networth of over, say, 5 million dollars. You reach that limit, all your additional income goes to taxes, 100%. And, of course, if you're at, say, 4 million, the income tax should already be around 90% or so to avoid shenanigans with a rolling income / expenses scheme
When we no longer have billionaires, the game changes significantly. No longer will one single narcissist be able to accumulate power. Resources will have to be spread over the population as no single person can own a large company.
This will also limit the size of any company. A single person can have a million dollar home, a million in other things like cars, etc, and thenaybe have 2-3 millions tops to invest in companies. This means that a billion dollar company will need at least 500 relatively rich people to be share holders, and in reality it likely will be more like 5000... This will limit the size of companies, this will make smaller companies that are more focused on fewer products.
Putting this single limit in place, world wide, will change the world in an extreme way
It will also never happen until politicians will actually start listening to citizens and citizens will be educated enough to understand what they're voting for, and politicians be required to not lie... So yeah, good luck.
Good luck making a commercial passenger airplane or a submarine or a paper mill with small companies.