Today, the boss is personally liable--and at risk of jail time--if there's a breach of a key regulation such as the Gramm-Leach-Bliley Act.

FORBES: Leadership

Ms Tymoshenko, a former prime minister and key rival of Ukraine's President Viktor Yanukovych, is serving a seven-year jail sentence for abuse of office and faces another trial on tax evasion charges.

BBC: Tymoshenko case: Europe pressure on Ukraine intensifies

During the trial the testimony of the key witness for the prosecution (who had cut a deal with the government for less jail time in return for pointing a finger at a higher-up like Tobin) was effectively impeached.

FORBES: Magazine Article

The key thing is that under its Commerce Clause powers, Congress can use the threat of fines and even jail time to compel behavior.

FORBES: Barnett: Mandate May Be A Tax, But It Sure Isn't A Requirement