Reply To: What is the appropriate punishment for financial crimes?

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gavra_at_work
Participant

NB: I’m not discussing a specific person or case.

DY, akuperma – I would argue (and I believe correctly) that the government has a vested interest in people not being able to defraud others easily and that there is trust via documentation. This is necessary for the smooth running of commerce (otherwise people couldn’t trust each other), which is a mandate of government (explicitly via the Commerce Clause, as well as implicitly as part of the social contract).

I would therefore argue that forging documents is considered to being “Over” on mishpat hamelech in an area which the Malchus has the right to be concerned, and therefore punishable.

The fact that others don’t get punished for the same deed could be the Al Capone scenario (get him on what you can because you know he is doing something wrong but can’t bring the evidence into court), or because someone bothered the wrong people the wrong way with their attitude. I don’t know. Yidden should stay under the radar in Galus.