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Lowering the bar would be not doing what they would regularly do. Doing something that has never been done against him would be setting a new bar.
It has been done. 12 times. Did u miss that part?
Per the article, this would be the first time it was done with no victim and no major losses. Did u miss that part?
The victim is the taxpayers of New York. The losses are the amount that they could not collect.
Did the prosecution even argue that in court? I don't recall seeing it. The argument was that he was vastly overestimating the value of his properties to get favorable loan terms, not underestimatkng to avoid to taxes. I believe the tax valuation was used against him to show he lied when going for the loans, but I've not seen any argument that he substantially underestimated the property value to avoid taxes.
If they had been going after him for tax evasion, the charges would be different, i believe.
(edit) lol Downvotes but no explanation. I love this place sometimes.