Hmm, you're right about that. I apologize. I misinterpreted some information. I went and double-checked myself, and you're correct.
The ESRB will fine a game publisher for sending an incomplete game in order to get a lower rating, but can't do anything to a retailer.
However, many retailers are imposing programs of their own to prevent the sale of M rated games to children. GameStop's policy:
http://www.destructoid.com/gamestop-sell-an-m-rated-game-to -a-minor-enjoy-unemployment-29690.phtmlI was worked at a Toys R Us, and I was told that the store would get fined for selling M titles to children. I assumed it would be a government fine, but it may have been corporate cracking down on individual store managers.