At the risk of splitting hairs, I'd point out that 'malice' usually refers to someone hurting people with the intention of causing pain. I feel as if what you're describing is selfishness, not malice.

I definitely think SBF should do jail-time. The read I got from his Twitter interview, after the fact, was that he went into this with the goal of personal riches and glory and ultimately failed, not that he went in with the intention of making people poorer. Do you agree there's a difference? In short, I think:

Incompetence + Selfishness != Malice