Prosecutors generally don't have to prosecute cases that are likely to succeed. Instead they use the threat of prosecution to force the company to "voluntarily" make changes necessary to prevent recurrance of the proscribed activity. If Brent and Betsy "dance" perfectly, they may be able to blame "everything" on him, transfer his control/interest to her, commit to internal controls designed to prevent recurrance, and pay a whopping fine. The company could then go forward, led by Betsy and/or a new CEO.
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