Criminal prosecution and penalties provide deterrence in a way that civil judgments cannot,

Criminal prosecution is not appropriate.

There's never been a criminal case where the defendant was anything but the underdog. The prosecution is always the favorite.

It was nevertheless decided that the recantation would be the basis for a criminal prosecution that would overthrow the other three statements and allege that the other three statements were falsely made,

It is only the inadequacy of the criminal code that saves the hackers from very serious prosecution.

Imagine if there is evidence critical to a criminal prosecution and the defendant challenges the evidence because it is constitutionally suspect. It could jeopardize any criminal case.