The fact that it is widely practiced <i>is</i> a defense. For the same reason that people would rightly object to a $675,000 tort judgment for speeding, or jaywalking, or smoking marijuana.<p>Are they crimes? Certainly. But because they're widespread, generally unenforced, mostly "victimless", people are outraged that they'd have such high penalties. If you applied that judgment fairly you'd probably bankrupt 3/4s of America, if not more, which would be bad. Any law that you don't want enforced in the general case is a bad law that's going to generate outrage when it is enforced.