The reason we have seen so many huge financial crimes is that the risk/reward trade off is so good for them. Even for those who get caught the amount of prison time is very low. It s a very attractive wager for certain people. For Madoff a death penalty would not make up for all the harm he has done, but it would be a start. Anyone else we find that HELPED HIM IN THIS SHOULD GET LIFE WITHOUT PAROLE.
The death penalty for financial crimes would never pass constitutional muster.
That is the point and why these people like Madoff need to fear the needle.
There was a cartoon where the guy is in prison, got 100 million dollars, is doing a decade or two and tells the other prisoner “it comes out to $80 an hour, so I’m good”.