Agree the fines should be much heavier than they typically are. Don't get the "after the fact" statement though.
If you want abuses of law to end, there has to a substantial difference in what they pay for not breaking law vs. breaking law. If you tax them "before the fact", then there's no way to avoid the fine, and thus no incentive to uphold the law.
Set the standard. All companies that meet it are good to go. Those that don't, throw the book at em.