> I told our employees that there was a difference between accounting fraud and accounting mistakes and I believed that Michelle made mistakes at her previous company, but did not commit fraud. [...]
> Michelle ultimately served 3½ months in jail for her part in the other company’s stock option practice—the same practice that we nearly implemented at Opsware. Since we had the same head of finance, we almost certainly would have been investigated. I obviously don’t know what happened at the other company, but I do know that Michelle had no intention of breaking any laws and no idea that she’d broken any laws. The whole thing was a case of the old saying: “When the paddy wagon pulls up to the house of ill repute, it doesn’t matter what you are doing. Everybody goes to jail.” Once the SEC decided that most technology company stock option procedures were not as desired, the jail sentences were handed out arbitrarily.
In England it would be unusual to go to jail unless there was intent to deceive. People don't go to jail because they've made a mistake in their accounts.
Is that true for the US? Or is this story an example of the massive over-incarceration the US has?
So, I'm not trying to say they wouldn't be found guilty of an offence. I'm saying that they wouldn't go to jail unless there was recklessness or intent to deceive.
For a tax offence this would mean they'd have to repay the tax, with some penalty. Non-payment would then result in a prison sentence.
> Michelle ultimately served 3½ months in jail for her part in the other company’s stock option practice—the same practice that we nearly implemented at Opsware. Since we had the same head of finance, we almost certainly would have been investigated. I obviously don’t know what happened at the other company, but I do know that Michelle had no intention of breaking any laws and no idea that she’d broken any laws. The whole thing was a case of the old saying: “When the paddy wagon pulls up to the house of ill repute, it doesn’t matter what you are doing. Everybody goes to jail.” Once the SEC decided that most technology company stock option procedures were not as desired, the jail sentences were handed out arbitrarily.
In England it would be unusual to go to jail unless there was intent to deceive. People don't go to jail because they've made a mistake in their accounts.
Is that true for the US? Or is this story an example of the massive over-incarceration the US has?