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Personally I don't know too much about this case. But courts can find corporations liable, even if they did a terrible job. It's the same logic as putting the getaway driver in jail for attempted robbery, even if they dropped the clutch and stalled the car. McKinsey could have done a terrible job but also been liable according to courts (who probably just assume white-shoe consultants did a good job anyway).


There’s a difference between a criminal and civil case.

Crimes are boolean, civil is proportional in terms of punishment. Nobody is going to jail, so this is a civil case.

If you break your neighbour’s car, you pay more if it’s a BMW than if it were a Kia.


Crimes are proportional in terms of punishment. It's called aggravating and mitigating factors.




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