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That is a political question, not a methodolgical one in my view - the result is the same, the motivation is similar, though the source/incentives are different. My political call is - yes it makes sense. At least more sense than not lumping it.
Yes its political, & depends what u trying to do. If it is something that is legal but you want to stop it (like thin cap where there are no thin cap rules) then need to include ppl using current rules in consultation etc which u can't do if u call them illicit & lump w criminals
