Well, in many cases there is no crime. Given the ridiculous amount of people on the list and the way the form is designed, a large number will be on there due to a "mistake" in filling out the form.
Notice how you have to check the box to indicate someone is not to be added to the list. It is completely counter-intuitive. I'd say it is just badly designed, but we're far beyond innocent mistakes here, at this point there needs to be judicial and personal responsibility for the people involved in its creation and ongoing maintenance.
Apart from the cognitive difficulties this creates, forcing you to check the box means the default is to add someone to the no-fly list (see Dan Ariely's research)
The court raises issues of quality assurance in their discussion of the issues surrounding the case. They noted the issues but made no judgement, but it seems likely to me that the Court wasn't very impressed.
Theres an excerpt of the form here:
http://papersplease.org/wp/wp-content/uploads/2014/02/vgtof-...
Notice how you have to check the box to indicate someone is not to be added to the list. It is completely counter-intuitive. I'd say it is just badly designed, but we're far beyond innocent mistakes here, at this point there needs to be judicial and personal responsibility for the people involved in its creation and ongoing maintenance.