If a GS employee loses more than 100-million dollars of the firm's money, was a "crime" really committed?
Yes, that is the precise "language" of the article but what are the odds that the position had atleast a 100-million-dollar unrealized loss when it was discovered? I'll say ~100%.
I'm sure the loss is a writeoff, since they could easily 'frontrun' the unwinding of bad positions, whether it be in SPY, or options, or programmed trades in the components. You wouldn't nakedly unwind a position.