I would argue that when it comes to developing software, usually the one with the most leverage is the worker who develops it. If she says no, then it doesn't get developed. Maybe in team environments it's a bit trickier when you're looking at a feature as a whole, but each individual has full leverage over the code they produce. That they don't have leverage over the decision-making process seems like a cop out.

I can agree that he needs to be punished to a greater extent due to his broad responsibility. But nothing at all for the ones who actually performed the work to build these illegal sites?