Most of the offenses I have been considering are committed
in the course of conduct that is otherwise legal, and even socially
productive. Government officials who accept bribes are frequently
also involved in legitimate governmental functions; investors
who trade on the basis of inside information tend to be
engaged in legal investment as well; and people who commit regulatory
and intellectual property crimes are often engaged in the
business of producing valuable products and services. Mikhail
Khodorkovsky, for example, is not only one of the richest men in
Russia and head of its largest oil company, but also an important
symbol of Russia’s transition to a capitalist economy, and a hero
to many. In some cases, such people even use their wealth for
worthwhile philanthropic purposes.43 The same cannot generally
be said in the case of drug dealers, burglars, and serial killers
(although there are surely exceptions). To the extent that a perpetrator’s
criminal conduct is likely to be judged in light of, and
balanced against, her socially beneficial conduct, ambiguity is
once again likely to be the result.