Here's an idea: prosecuting/sentencing based on 'damages' ought to be subject to a hard damages cap based on any civil damages/settlement reached.
After all, the standard of proof in a civil case is lower: "preponderance of the evidence". Negotiation between the affected parties can, at little cost to the government, come to a settlement more easily and fairly than involving the full force/ego/ambition of federal prosecutors.
Sure, criminal prosecutions almost always come first. (The aggrieved parties prefer to have the government take on much of the trial cost, and can use the conviction "beyond a reasonable doubt" to fast-track their later case/negotiations. And even failing a conviction, they can pursue the civil case later.) But it might make sense to reverse that usual ordering, perhaps even by involving some of the public resources in the civil case, as a way of testing the "minimum viable case" before going all-out.
And even if the criminal trial comes first, the full sentencing could be put on hold until civil claims are resolved. That'd lead to more realistic damages/sentencing and an important check on prosecutor discretion in dreaming up massive damage figures.
After all, the standard of proof in a civil case is lower: "preponderance of the evidence". Negotiation between the affected parties can, at little cost to the government, come to a settlement more easily and fairly than involving the full force/ego/ambition of federal prosecutors.
Sure, criminal prosecutions almost always come first. (The aggrieved parties prefer to have the government take on much of the trial cost, and can use the conviction "beyond a reasonable doubt" to fast-track their later case/negotiations. And even failing a conviction, they can pursue the civil case later.) But it might make sense to reverse that usual ordering, perhaps even by involving some of the public resources in the civil case, as a way of testing the "minimum viable case" before going all-out.
And even if the criminal trial comes first, the full sentencing could be put on hold until civil claims are resolved. That'd lead to more realistic damages/sentencing and an important check on prosecutor discretion in dreaming up massive damage figures.