I am a big proponent of claw-back provisions.

What good will that do anyone? Just force them to do their job.

In a non-totalitarian state, fining them for the funds is how we force them to do it.

It's not like we're going to start locking up executives for misappropriating public funds and defrauding the government, that's not a crime anyone cares about in this country.

no, the term you're looking for is specific performance. Having to abide by the terms of a contract is not "totalitarian". Doubly so when we're talking about a corporation (ie a government creation) and not individuals.

If they are forced to pay, it causes stock to drop fast, which triggers shareholder lawsuits. It is to teach a lesson.

I can see both approaches work.