Yes. But at the same time there are clearly cases where the costs imposed do exceed the cost of enforcement. I don't pretend to know whether that is the case here; I weakly expect that it isn't. Again, my post was a response to a question: "[W]hat possible benefit would prison be here?" Deterrence and prevention of behaviours with harmful externalities is the possible benefit.
It's a complicated and difficult problem to solve. At the same time as we're finding and closing these loopholes, more of these people are infiltrating the highest levels of government and seeking to create more loopholes. Society ceases to function if enough people succeed at violating the social contract.
Right. Most of the interesting questions are complicated, because most of the genuinely simple things we all just agree on the right answer quickly and stop talking about it...
