Re: when has justice ... been about making a profit?
I agree with you both here. But just a jurisdictionally tangential note re :
> if loss vs. cost to prosecute was a factor in financial crimes it would be ruthlessly exploited by the crims
As part of the whole mad distortions Australia's self-appointed elites have inflicted on the country in the last 15-20years, the Australian financial regulators are explicit, public, loud, AND self-righteous about... doing exactly this : seeking profit when pursuing enforcement (fines - costs), and in several cases stating that their policy is minimising enforcement (of breaches).
And yes, crims and "borderlines" actively game this stated rule. And so too do "standard" players, including those with government-guarantees behind them. Some of the stuff that came out in the recentish banking royal commission, for example, beggars belief. Not just the historical matters (eg routinely billing dead people's estates for life insurance premiums), but the belief of witnesses that this was part of the system, and their shock that it might have repercussions. One guy actually collapsed on the stand.