> I'm aware that the "Pharma Bro" was convicted of securities fraud after tripling his investors investments.
"Well you see, your honor, I did try to murder the man. But I failed, and the half hour run he took trying to escape me kick-started a healthy lifestyle that added years to his life. So, I did try to murder him, but in the end everyone benefited."
This post-facto justification is like something out of an SNL skit.
While I agree with you, the problem is trying a person is at the discretion of the state. I suspect the state was motivated by Shkreli's public reputation when they otherwise wouldn't be as motivated to prosecute if it were someone else of lesser celebrity, particularly since the investment outcome was overwhelmingly positive.
Perhaps our point of disagreement is this: I believe that justifying objectively blatant criminality via the "discretion of the state" defense is counter-productive to changing this situation.
Fraud does not necessarily result in loss. Losses do not necessarily result from fraud. The whole point of fraud laws is to outlaw behavior, not outcomes. Ditto "attempted X".
> False equivalence
Fraud != intent to lose people's money was literally the point of my post.
"Well you see, your honor, I did try to murder the man. But I failed, and the half hour run he took trying to escape me kick-started a healthy lifestyle that added years to his life. So, I did try to murder him, but in the end everyone benefited."
This post-facto justification is like something out of an SNL skit.