> We need the penalties to be something other than fines, which are ultimately treated by companies as routine costs of business.

It's true that fines are nothing more than predictable costs, so maybe an option would be fines in percentage of the incoming of the company: this way it could make a real impact. I know in some north Europe countries the speed limit fines are in percentage on the personal net worth.

Income is too small, how about in terms of the highest market capitalization between deciding to do the bad thing and being convicted of the bad thing? Maybe some of these penalties should result in bankruptcies for the most egregious big players, and when I say bankruptcies I don't mean restructuring but actual corporate financial death: firesale auction the assets, debt holders lose much of their value, equity holders get squat, and all employees are out on their asses having been let go. Do it to a Microsoft or Google sized company, scare the piss out of the rest!