> You're arguing that all crimes that have fines and jail time should be capital crimes instead?
No. I'm making the point that this punishment is effectively a capital punishment.
He'll have a felony following him around for the rest of his life, unless he pays the bribe to have it expunged. Good luck getting most jobs or renting anywhere. And if he owns a home, 1y prison will get that foreclosed on.
And in addition $2.5m is nigh unpayable, unless youre a 10x sw eng at a FAANG. But he's a mechanic. This fine is literally unpayable even at the best mechanic salaries. So once he gets out of prison, even IF he can get a job, he'll be in destitution for the rest of his life.
It's the cruel and unusual punishment they did against him, that I'm comparing to a slow capital punishment. You can call it hyperbole if you wish.
And, HE wasn't running vehicles that emitted the pollution, but he's blamed for it. Go after the actual people whop bought and installed. As much as it would suck, go confiscate the vehicles from the owners, and then charge appropriately larger individual fines against these 17000 people.
Authorities will always crack down on upstream simply for the paperwork savings. Easier to investigate and make an example of one guy than 17000.
This is why our manufacturing sector is the primary target for regulatory action. The government can nip activity in the bud by pressuring manufacturers to never "make the problematic thing at scale".
That's why if you stumble on something and are like "why hasn't anyone made this?" and you aren't an industry insider with active links to regulatory authorities, you can end up in precarious legal straits if you aren't careful. Just one more way our system is tilted toward incumbents vs. new entrants.
The article mentions that he did millions of dollars in sales on this scheme. That doesn't translate directly to profits, but it seems less likely to be "devastating" to him than it would be to an average citizen.
He's had 7 years to comply with the initial EPA order to stop selling emissions shutoff devices. I feel like $10 million dollars and a year in prison is proportional to the amount of additional pollution from these devices. If only these penalties were assessed accordingly to other industries.
What a dramatic response to what amounted to a slap on the wrist for his flagrant disregard for the law. The man is smart enough to make millions breaking the law, he will be just fine after serving some time.
Was this wrong? Likely yes, if he was knowingly selling them for use on the public roads. They're legal on private areas.
Go after the people who have them installed. Fine the individuals. Get the sales list from this guy who was selling them. Credit card settlements are a thing.
But again, 1 $2.5m fine AND 1y jailtime is a life ending change, no matter how you look at it. And yes, it's hyperbole, but that was my point.
These types of fines COMBINED with felony jailtime has ruined his life. He can't get most jobs. The felony will follow him unless he can pay the federal bribe to remove it. And with $2.5m fine in addition, unless he's some SW eng at a FAANG, is just plain unpayable in his lifetime.
