The problem is that we're using "blame" to mean two different things:
1. In an ideal, fair world, which parties should have to change to make the outcome not happen? Scammers shouldn't scam, murderers shouldn't murder, etc.
2. With a reasonable understanding of the world, which parties could have predicted the outcome and changed their behavior to mitigate the problem? JPMorgan not doing due diligence on a deal of that magnitude is pretty negligent. I don't carry open bags full of cash walking around the city either, and I don't comment negatively about our new glorious leader and all of his kingly power. Yes, if I had my savings stolen or were murdered on my next boat trip to the Caribbean that'd be somebody else's "fault" via definition (1), but as a practical matter my life is a hell of a lot better on average if I avoid those activities regardless.
The courts sometimes agree with point (2) to an extent as well. If JPMorgan's negligence caused harm to others, the criminals involved would still have full responsibility to JPMorgan, but the harmed parties might have a civil claim against JPMorgan. By way of analogy, what happens if your local bank's safe is found out to be an unmonitored cardboard box? The fact that somebody would eventually break in is predictable, and the bank would be liable to its customers.
1. In an ideal, fair world, which parties should have to change to make the outcome not happen? Scammers shouldn't scam, murderers shouldn't murder, etc.
2. With a reasonable understanding of the world, which parties could have predicted the outcome and changed their behavior to mitigate the problem? JPMorgan not doing due diligence on a deal of that magnitude is pretty negligent. I don't carry open bags full of cash walking around the city either, and I don't comment negatively about our new glorious leader and all of his kingly power. Yes, if I had my savings stolen or were murdered on my next boat trip to the Caribbean that'd be somebody else's "fault" via definition (1), but as a practical matter my life is a hell of a lot better on average if I avoid those activities regardless.
The courts sometimes agree with point (2) to an extent as well. If JPMorgan's negligence caused harm to others, the criminals involved would still have full responsibility to JPMorgan, but the harmed parties might have a civil claim against JPMorgan. By way of analogy, what happens if your local bank's safe is found out to be an unmonitored cardboard box? The fact that somebody would eventually break in is predictable, and the bank would be liable to its customers.