This destroys capitalism, you can't move the criminal risk to the shareholders. Increased monetary risk, sure: like corporations convicted of crimes have to give money in restitution before making shareholders whole; or even go the next step and make major shareholders liable for covering that restitution (if it exceeds assets on hand) in addition to eating the loss of stock. But for capitalism to function, investing must only lead to monetary penalties (but we could certainly make them stronger).

If you have to, move it to executives, it could actually justify the insane salaries and bonuses.