For me, it comes down to whether the retention contributes to the social corrosion in a similar manner to the underlying fraud. My intuition is that it does not, and thus the question should be evaluated from the first order utility differences.
I do not think if there was some determination that a grantee had the right to retain the funds that(a) voluntarily relinquishing them to FTX victims would remedy much at all the social corrosion caused by the underlying fraud or (b) that exercising the right to retain would cause further social corrosion. I suppose if I am wrong on either of the points that I might be persuaded.
Well argued.
For me, it comes down to whether the retention contributes to the social corrosion in a similar manner to the underlying fraud. My intuition is that it does not, and thus the question should be evaluated from the first order utility differences.
I do not think if there was some determination that a grantee had the right to retain the funds that(a) voluntarily relinquishing them to FTX victims would remedy much at all the social corrosion caused by the underlying fraud or (b) that exercising the right to retain would cause further social corrosion. I suppose if I am wrong on either of the points that I might be persuaded.