Get tough on fraud

The Las Vegas couple who planted a piece of a human finger in a bowl of chili while dining at a California Wendy's restaurant has pled guilty to all felony charges related to the attempt to defraud the fast-food company and its insurer of millions of dollars.

This marked one of the most notorious efforts ever launched by scam artists seeking a huge payoff in the litigation lottery. These attacks aren't just conventional con games; they're acts of consumer terrorism directed against businesses large and small - which strengthens the argument that this nation's tort system is in desperate need of reform.

Jaime Plascencia, 43, purchased the fingertip from a co-worker after an industrial accident in Las Vegas, and his wife, Anna Ayala, 39, claimed to have bit into it while eating Wendy's chili.

The duo gambled that Ohio-based Wendy's International would do what too many companies do in the face of an embarrassing lawsuit - pay off the so-called "victims" to shut them up. Also, this is usually less expensive than defending against the claim in court, even if the company wins.

Settling such "nuisance suits" is seen by corporations as part of the cost of doing business - but it is a cost that runs, collectively, to billions of dollars annually, and is ultimately passed on to consumers to pay. Then there is also the injustice of letting liars and frauds exploit a dysfunctional legal system to enrich themselves at the expense of honest consumers.

The scheme backfired on Plascencia and Ayala when authorities learned that the Wendy's lawsuit wasn't their first - they had filed many such suits through the years against other businesses. After that became known, everything unraveled. Now the couple's attorney says they're sorry at what they did and seek the court's mercy.

It's too late for mercy. Talk about pain and suffering - look at all the pain and suffering their act of consumer terrorism caused: Wendy's business across the nation severely damaged, the company's stock slammed for millions in losses, and dozens of Wendy's workers losing their jobs. For that, Plascencial and Ayala deserve the maximum sentence - 10 years for her and 13 years for him, when combined with different, unrelated charges.

If there's not going to be significant "loser pays" tort reform, then pass some tough statutes dealing with consumer terrorism.