Not really, it's just that rich people are mostly above the law most of the time
When it comes to criminal offences, they are pretty much within the law, well except they can afford better lawyers so usually get away with minimum legally possible punishment.
Companies and the concept of limited liability exists to make innovation possible. No one will start a startup knowing they will have their house confiscated and go to prison if it fails. And, because majority of money businessmen make is the stock worth, company being insolvent and thus it's stock losing all value is in itself a punishment heavy enough for the founders.
> No one will start a startup knowing they will have their house confiscated and go to prison if it fails.
What does that have to do with anything? We're not discussing a case of VW making bad business decisions and losing money.
If you start a company and break the law and harm people, you should have your house confiscated and/or go to prison. If you can't take this responsibility, just don't start the startup, that's perfect.
You are creating confusion about the subject being discussed in order to defend criminals.
Yes that was a bad example. The "limited liability" concept applies to financial losses, not crimes.
We need to balance the benefit and the downside of the limited liability in corporations. If innovation no longer becomes beneficial for the society and only beneficial for a small number of people, perhaps the society may need to reconsider the concept.
Why would you go to jail unless you're doing something illegal? Are you honestly saying startups should be legally exempt from pollution laws and allowed to cheat brazenly on commissions tests by public agencies? It's fair for rich people to just lose some income(and still be rich) for crimes while poor people have to go to jail is honestly a unhinged take
Rich people are above the law precisely because they use corporations and corporate laws as shields to deflect personal liability of their actions as a actions of "the company" which is a faceless entity.
"You see, I didn't steal your money, the company I ran stole your money, but that's actually on you because you didn't read the fine print I put in the contract you signed. And don't worry, justice was served, the company got punished and is now insolvent. Now watch this drive *swings golf club*"
It’s worse than that. Rich-people crimes are often codified as much less severe than regular-people crimes, or are just outright legal.
This is a great example. Why is this emissions fakery illegal? Ultimately it’s because pollution kills people. Are these people going to prison for killing people? Not exactly. They’re going to prison for killing too many people. If they had stayed within the limits, they’d still be killing people, just not as many, and it would be 100% legal.
Stab a person in the lungs, go to jail. Kill people by putting toxins into their lungs, well, just stay under this limit.
Walk out the door with a $10 item you didn’t pay for, crime. Fail to pay your worker $1,000 that they earned, that’s a civil matter. Worst case you’ll have to pay a penalty.
> Why is this emissions fakery illegal? Ultimately it’s because pollution kills people. Are these people going to prison for killing people? Not exactly. They’re going to prison for killing too many people. If they had stayed within the limits, they’d still be killing people, just not as many, and it would be 100% legal.
Polluting is not a "rich person" crime. It's very much something normal/poor people do a lot, too. It's common for individuals to burn leaves. It's less common, but also an active problem, for them to burn piles of trash (including plastic, tires, etc.)
As an individual, I'm allowed to do a certain amount of pollution (some because it's legal, some because it's unenforced), and will get fined if I do too much, same as the corporation.
As an individual, at least you can make the argument that your activities result in far less than one death. What’s the appropriate punishment for one micromort? I don’t know the answer to that but it’s probably not too much.
Large polluters don’t have that excuse. I recall that diesel hate alone resulted in dozens or hundreds of excess deaths. How many people do compliant cars kill? How many does a coal power plant kill? And all 100% legal.
“Corporations have neither bodies to be punished, nor souls to be condemned, they therefore do as they like.”
Edward, Lord Thurlow c.1850
> I didn't steal your money, the company I ran stole your money
This isn’t how it works.
This is exactly how it works. Liability spread out over even just 10 people is so much less risky than one person.
A corporation can do pretty much anything. Steal, lie, poison communities, give people HIV. Anything.
> This is exactly how it works.
No, it isn’t. Limited liability does not shield executives from criminal prosecution. If an LLC defrauds another party, the perpetrators are both criminally and civilly liable; this is true in every common law country you can think of. Limited liability corporations enjoy a limitation of civil liability (i.e. the shareholders cannot be held liable for more than the company is worth). This limitation is not exhaustive in the case of fraud or criminal negligence. In practice it is of course possible that people “get away with” both, but that is a failing of law enforcement, not limited liability itself.