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Re:DOJ: We Want Martin Shkreli’s Enigma Machine, Wu-Tang Alb... by jayd16 on Saturday December 02, 2017 @12:07AM (#15830273)
Its a victemless crime because he got lucky. If the whole scheme tanked, the fraud would be more obvious. I'm not sure the distinction is relevant.

If you knock over a liquor store and the register is empty, seems to me its still a crime even if you didn't make off with anything.

Re:DOJ: We Want Martin Shkreli’s Enigma Machine, Wu-Tang Alb... by fmihaila on Saturday December 02, 2017 @12:22AM (#15830326)
But if I leave more money in the register than it contained to begin with, what are the damages that must be covered by forfeiture?
Re:DOJ: We Want Martin Shkreli’s Enigma Machine, Wu-Tang Alb... by jayd16 on Saturday December 02, 2017 @12:37AM (#15830373)
I guess its closer to stealing from the register and leaving a lottery ticket that happen to be a winner. Still seems perfectly convictable to me.
Re:DOJ: We Want Martin Shkreli’s Enigma Machine, Wu-Tang Alb... by fmihaila on Saturday December 02, 2017 @12:51AM (#15830427)
> I guess its closer to stealing from the register and leaving a lottery ticket that happen to be a winner.

Yes, this is a better analogy.

> Still seems perfectly convictable to me.

The question, though, isn't whether he should go to jail; I think he should. It's whether he should lose his assets to the government (I think he shouldn't).

Re:DOJ: We Want Martin Shkreli’s Enigma Machine, Wu-Tang Alb... by fusiongyro on Saturday December 02, 2017 @01:49AM (#15830626)
Breaking into the store and breaking open the register are crimes even if you leave more money in the register.
Re:DOJ: We Want Martin Shkreli’s Enigma Machine, Wu-Tang Alb... by mikeg8 on Saturday December 02, 2017 @12:48AM (#15830415)
Compensation for the psychological harm you've caused the teller as well as the law enforcement resources who were dispatched to the scene? Whether I'm right or wrong is irrelevant... at a certain point, these tangents don't contribute much to the top level case