Crime boss commandeers crimes from agent. Agent commits crime and collects evidence that boss commandeered the crime. Agent then flips the tables on boss and blackmails him, threatening to turn him in. Should the agent-turned-blackmailer now be chargeable with blackmail? Yes. The incentives are correct: it is correct that the blackmailing agent receives a higher penalty than the boss because blackmail exacerbates the situation. Basically we are saying: whatever your situation is, do not attempt to resolve it by becoming the new crime-commander via blackmail. Instead, either turn yourself and your commandeerer in, or else bear it silently.