Because to be convicted of a crime, the facts have to be proven beyond a reasonable doubt.
Rubin claims that he did not know what was going on. Can anyone prove that he did? SOX applies to the CEO, but not to the BofD.
Well, If he was that un informed to not know that the company that he was heading was allowing put backs on the products that they were selling to the tune of $45 billion
then he has to be the most inept and incompetent head of a company since the beginning of time. And if that is true then why are all of his cronies still running the economy?