We have plenty of laws borne out of outrage and a desire to punish the guilty. They usually create even worse outcomes: look no farther than seizure laws created during the War on Drugs for a perfect example.
Law enforcement can take any asset you have based on an allegation of criminality: not against you but the item itself! You get to prove the innocence of the item in court if you hope to reclaim it.
Of course those abusing that law know very well that the defense is far dearer than the item itself, resulting in your abandoning any claim to the item and net profit to law enforcement.
Now you want to reward prosecution with more perverse incentives? We used to say the power to tax was the power to destroy. These days the power to prosecute is the same, and sort of like I look at every piece of code with the idea "How will the cyber security red team abuse this?" we need to look at any potential law for abuse by over zealous prosecution.
The difference is most large corporations that are perceived as the largest problem all have their own legal teams, the average citizen does not and most couldn't afford a decent lawyer if they wanted. The cops win half the time just because they have a legal team and the other side doesn't and can't afford to hire one. If the average person had their own legal council then I don't think civil forfeiture would even be a problem, nobody would dare use it except in ironclad circumstances.
Big business will have no problems shrugging off any legal fuckery mainly because the other side knows how much harder any conviction would be.
Stuff like civil asset forfeiture is a problem because it weakens the due process requirements. Prosecutors would still be required to get a jury to convict before they could reap any rewards, so it would be a much harder system to abuse. (I wouldn't want prosecutors to get a cut from settlements, because then they could abusively intimidate defendants for profit.)
Settlements are the result, not the cause. The problem most people face with the criminal justice system is how expensive it is to have competent representation. Not a dig at people who work as public defenders, they're just way overworked and without enough resources to do the job well.
Law enforcement can take any asset you have based on an allegation of criminality: not against you but the item itself! You get to prove the innocence of the item in court if you hope to reclaim it.
Of course those abusing that law know very well that the defense is far dearer than the item itself, resulting in your abandoning any claim to the item and net profit to law enforcement.
Now you want to reward prosecution with more perverse incentives? We used to say the power to tax was the power to destroy. These days the power to prosecute is the same, and sort of like I look at every piece of code with the idea "How will the cyber security red team abuse this?" we need to look at any potential law for abuse by over zealous prosecution.