He'll still get off.
Wall Street paid off Congress, and got to the rulebooks before you did.
Having a smoking gun is not enough. Wall Street got laws passed so that you need smoking bazookas - all over the place.
I've run across this in some of my own lawsuits against the securities industry.
Scienter - this means you have to prove that what Corzine did was illegal, and that he knew it was illegal at the time that he did it, and that he intended to carry through with the illegal act.
So, Corzine can say - "I never *intended* to commit illegal acts.
Washington D.C. is the best justice that money can buy.
Seen in stores - "Quality is remembered, long after price is forgotten". Wall street paid big, but the investment was well worth it.