Opening unauthorized bank accounts. Cheating customers on mortgages and car loans. If you can dream up a financial scam, there's a good chance that Wells Fargo ran it on its customers in recent years. After years of pressure, the company finally parted ways with its second chief executive in three years. But this isn't real accountability. When a criminal on the street steals money from your wallet, they go to jail. When small-business owners cheat their customers, they go to jail. But when corporate executives at big companies oversee huge frauds that hurt tens of thousands of people, they often get to walk away with multimillion-dollar payouts. Too often, prosecutors don't even try to hold top executives criminally accountable. They claim it's too hard to prove that the people at the top knew about the corporate misconduct. This culture of complicity warps the incentives for corporate leaders. The executives know that, at worst, the company will get hit with a fine - and the money will come out of their shareholders' pockets, not their own. It doesn't have to be this way. With sustained resources and a commitment to enforcing the law, we can bring more cases under existing rules. Beyond that, we should enact the Ending Too Big To Jail Act, which I introduced last year. That bill would make it easier to hold executives at big banks accountable for scams by requiring them to certify that they conducted a "due diligence" inquiry and found that no illegal conduct was occurring on their watch.
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