The wrong people are being prosecuted, they are going after the most well connected node in a graph only when noticed.

It should not be a criminal charge.

And the civil charge likely needs to be levied elsewhere, and let the individual perpetrator be embroiled in private litigation with the employer and associated companies.

I see the same absurdity in the FCPA. Americans are sent into to foreign and already corrupt markets to land business, but if they do anything competitive in that corrupt market, then they … have to pay a kickback to the United States too as punishment for paying kickbacks?