Maybe, but the underlying principle is the same, even if the individuals prosecuted are not those ultimately responsible. That's how law enforcement works, you go as high up the chain of command as you can find evidence. There's something to be said for going after the soldiers as well - if they are criminally prosecuted, there will be fewer (and less sophisticated) people willing to commit blatantly illegal acts. And, people willing to take responsibility when there is no individual criminal liability are much more likely to turn on the true culprits if facing jail time.
lol - the "evidence" is prolific of crimes far greater than this. Do you really think they can't find something major on Angelo Mozilo, or the heads of Fannie and Freddie, or the CEOs of Goldman, Lehman, Soloman, among others?
Really?
They know where to look, but they won't look. Too Big To Fail and all of that.
It's a nice scheme. Make the banks too big, do a bunch of naughty shit, warn them that they can't prosecute you without taking the system down (the one you built too big), get away with it. Rinse, repeat.