You knew carrying heroin was risking jail time. Bankers and white collar business men do not think they are risking jail time in their daily decision making.

This is by design. As a crime, heroin possesion provides an easy way to assess guilty/not-guilty; the perpetrator either possesses heroin, or not. In contrast, white collar crimes do not provide an easy way to assess guilty/not-guilty. Clear fundamental truths (yes/no), beget clear legislation, beget clear enforcement.

How do you sentence someone as guilty of a white collar crime? You need to rely on legislation to define the law, because the law is what businessmen consider on a day-to-day basis. If the law allows them to make a decision, they should have every right to make that decision without fear of later prosecution for it.

The problem is not enforcement, it's legislation. If clearer laws defined the decision making affecting "white collar" crimes, then agencies like the SEC could implement clearer enforcement.

Unfortunately the world changes faster than the regulatory environment, so this conundrum is unlikely to ever change.

(sentencing length is another story)