The fine for financial crimes needs to be in addition to whatever profit was made from the crime.
The problem - the greater, potentially insurmountable problem - is… corruption and dishonesty.
If you use a term like “profit”, then they’ll find another way to move money around and categorize it as something else that doesn’t qualify. Many huge companies already pay little to no taxes this way. If they can find ways to lower their tax burden, they can find ways around most things. It will not always happen, but given time I’m sure someone will innovate faster than law can keep up.
The end result will ultimately be auditors or auditing… which if not purely independent can be corrupted. This can come from the company, if they are hiring auditors or self reporting, by whatever authority is in charge of auditing, or by the powers that be starving the auditors of resources which is exactly what has happened to the IRS and US tax system.
I fall into the “no free will” camp. I don’t think people should get a free pass, however. The goal should be rehabilitation and prevention.
If any punishment is involved, it should not be anything beyond what is most likely to correct the behavior and/or discourage others from engaging in the problematic behavior… if we can even agree on what is considered problematic behavior.
Figuring out the rehabilitation and deterrence is also hard, and we’re usually just happy to punish in such as way as to minimize cost or maximize profit so… I doubt we’ll figure it out anytime soon. That and people’s egos can’t handle the whole “no free will” thing.