Sylvain writes:

Pretty much the same way busting a traffic law
right under a police officer's nose does it.
Besides they do keep a record as well.

Think like a lawyer. Radar provides position and distance, but that
is all. To determine whether or not a pilot has entered Class B
without authorization, you also need a way to determine the boundaries
of that airspace, something that radar does not provide. And you must
show that all the information available to the pilot specified the
same limits as whatever source was used by ATC. If there is a
discrepancy, and the pilot's information shows that he was clear of
the airspace, the pilot is in the clear. If ATC told him he was
inside the airspace, then there is a conflict, and much depends on
exactly how large the error was. If the chart shows him indisputably
outside the airspace but ATC insists otherwise, the pilot, as pilot in
command, can ignore what ATC says for safety reasons, based on the
assumption that the controller is incompetent or is deliberately
misleading the pilot.

There are many possible scenarios, only some of which favor ATC.

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