Thousands of Wells Fargo employees would like to have a word with you about #1. “Illegal” is outweighed easily if there’s a bonus to be earned by doing something that everybody says you won’t be caught for doing. Plus, the company itself can’t be put in prison and the employees whose bad idea it was will probably get a slap on the wrist. And if it’s a big enough company, they won’t endanger it by truly hurting it with fines.
#2 is a pretty good point though.