Civil forfeiture isn't a means to punish people for wrongdoing, and neither should we try to retroactively change the rules to try to punish people who you believe wronged you.
Could have fooled me.
Thing is, when you are the CEO and you make the big paycheck, being a target for the mob is part of the job. 1,000 years ago if the crops failed, and the peasants started going hungry, either the priest or the lord was blamed. They can't control the weather, but it was someone's responsibility to make sure there was enough food stored.
The common sentiment is that the people who caused the failure should not be allowed to keep the money they made driving the ship ashore. Nobody is forced to be a CEO with million-dollar comp. It isn't some travesty of justice when they are held accountable.
> medieval practice
Calm down, no one said we should hang, draw and quarter them, exile them, or do anything untoward. It's a capitalist system, and this is a capitalist penalty.
I'm saying we should not look to the distant past for guidance on how to handle situations like this.
The presumption of innocence applies here because we shouldn't punish individual bank employees unless we demonstrate to a jury of their peers that they broke a law that existed at the time they broke the law. The default should be they keep their bonus and if they broke the law, they pay a fine. Fortunately they are protected by the constitution, there is no possible way the government can take their money without a trial.
But again, what presumption of innocence? I'm saying that if you are a bank CEO and your bank fails, it doesn't actually matter whether a reasonable choice was made or not. Bank failures affect all Americans, so there should be a penalty for causing that disruption. Most people would call that fair.