After he was caught the first time he realized that there was little or no downside and a huge upside to this illegal activity.
The rational pursuit of self interest dictates that he follow this course of action until the downside outweighs the upside.
For every demand there is a supply.
Laws are only a carrying cost, or overhead, depending on the law and the application.
That sounds like a reasonable defense!
Your Honor, I have been doing this a long time and never before did anyone mention anything about prison. I was always given a free meal and a plane ride back home, Sir.