The Siemens Precedent: Jacking Up Penalties To Fund The Government, A Billion Fine For Madoff

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By Douglas A. McIntyre Updated Published
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Uncle_samSiemens (SI) will pay the US an $800 million fine to settle a bribery case. That may not seem like a lot side-by-side with the Paulson plan, but if the federal government can start increasing its fines for bad behavior, it could go a long way to balancing the national budget.

Bernard Madoff will probably get off with a fine of $10 million or $20 million. Granted, he will have to spend years in prison, but he probably has a lot more money than that, the fine should be based on his ability to pay. That could move the number up into the hundreds of millions of dollars.

The federal government says that Whole Foods (WFTC) violated fair trade practices when it bought a smaller competitor, Wild Oat. The fine for doing that should be $100 million. Whole Foods just raised a bunch of money.

The international trade court recently cracked down on Qualcomm (QCOM) for patent and competition violations. Qualcomm has access to more than $1 billion. Anything short of $500 million would be too small a fine.

The federal government is in trouble now. It needs what capital it can get. It has always been too light on fines. It would rather put people in jail.

Using the Siemens settlement as a guide, Madoff should pay $1 billion and go free. It would be better for the country.

Douglas A. McIntyre

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About the Author Douglas A. McIntyre →

Douglas A. McIntyre is the co-founder, chief executive officer and editor in chief of 24/7 Wall St. and 24/7 Tempo. He has held these jobs since 2006.

McIntyre has written thousands of articles for 24/7 Wall St. He is an expert on corporate finance, the automotive industry, media companies and international finance. He has edited articles on national demographics, sports, personal income and travel.

His work has been quoted or mentioned in The New York Times, The Wall Street Journal, Los Angeles Times, The Washington Post, NBC News, Time, The New Yorker, HuffPost USA Today, Business Insider, Yahoo, AOL, MarketWatch, The Atlantic, Bloomberg, New York Post, Chicago Tribune, Forbes, The Guardian and many other major publications. McIntyre has been a guest on CNBC, the BBC and television and radio stations across the country.

A magna cum laude graduate of Harvard College, McIntyre also was president of The Harvard Advocate. Founded in 1866, the Advocate is the oldest college publication in the United States.

TheStreet.com, Comps.com and Edgar Online are some of the public companies for which McIntyre served on the board of directors. He was a Vicinity Corporation board member when the company was sold to Microsoft in 2002. He served on the audit committees of some of these companies.

McIntyre has been the CEO of FutureSource, a provider of trading terminals and news to commodities and futures traders. He was president of Switchboard, the online phone directory company. He served as chairman and CEO of On2 Technologies, the video compression company that provided video compression software for Adobe’s Flash. Google bought On2 in 2009.

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