trial

Thu, 2013-01-31 15:26Farron Cousins
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Record Fines For BP In Gulf Disaster Deal

After a ruling earlier this week by a federal judge in New Orleans, BP now holds the record for the largest criminal penalty in U.S. history.  The penalty, totaling $4 billion, is strictly related to the criminal conduct of the company that led to the 2010 Deepwater Horizon oil rig explosion and oil leak into the Gulf of Mexico.

As part of the deal, BP agreed to plead guilty to a total of 14 counts of criminal conduct, which includes charges of felony manslaughter. However, as CNN.com points out, the charges are against the company, not any individuals involved, so prison time for those responsible will not be part of the deal.

The $4 billion criminal penalty does not affect the settlement deals for the victims along the Gulf Coast, nor does it include any environmental fines for the company. Those are separate cases that are still being worked out, and will result in several billions more in financial penalties for the company.

Wed, 2012-12-12 12:05Farron Cousins
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Internal BP Emails Could Expose Extent Of Corporate Cover-Up Of Gulf Oil Disaster

Attorneys for Kurt Mix, a former engineer for BP, claim that a spate of previously unreleased emails will “exonerate” their client in the current criminal case being pursued against Mix. Mix is the first person in the wake of the Deepwater Horizon oil rig explosion and leak to be brought up on criminal charges for his role in the cover-up of the extent of the oil leak in the Gulf of Mexico.

Earlier this year, the U.S. Department of Justice formally charged Mix with obstruction of justice for allegedly destroying evidence, specifically text messages, relating to how much oil was flowing from the broken wellhead in the Gulf.  The amount of oil flowing into the Gulf waters determined the size of the fines that BP would face from the federal government, so the company could have benefited substantially from under-reporting the true volume of the flow rate.

The new emails that will be released during Mix’s criminal trial allegedly show that Mix repeatedly warned his superiors at BP that they were under-reporting the true scope of the spill to the government and the media, undermining the federal government’s case against Mix.  While these emails could show that Mix did the right thing in one arena, it is unlikely that it will “exonerate” him, as his attorneys claim.  After all, the charges against Mix are for deleting text messages related to the disaster, which were evidence.

The one thing that is almost guaranteed from these emails, assuming they exist in the form that Mix's attorneys are claiming, is that they could expose the cover-up by BP executives, and tell the story of how they intentionally misled everyone about the nature of their oil geyser. And given what we already know, it seems incredibly likely that the oil giant's leadership knew from the start how much oil was flowing from the broken wellhead.

Fri, 2011-03-04 15:54Laurel Whitney
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Tim DeChristopher stands tall despite guilty verdict

Under a government which imprisons any unjustly, the true place for a just man is also a prison.” Henry David Thoreau on Civil Disobedience

A collective gasp was heard late afternoon yesterday as Tim DeChristopher was found guilty after only 5 hours of jury deliberation. Officially charged with one count of False Statement and one count of violating the Oil and Gas Leasing Reform Act, suddenly everyone was left thinking- did they convict the real criminal?

Much of the last two days of trial had focused on DeChristopher’s intent when bidding for BLM land leases. Prosecutor John Hubert argued that DeChristopher intentionally “disrupted, derailed, and sabotaged” the auction. However, defense attorney Ron Yengich painted a different picture:

“He wanted to raise a red flag,” he said. “He wanted to make a statement. That’s what he wanted to do. His desire was not to thwart the auction. … He wanted people to think about the consequences that the auction was bringing to bear on other people. But it was never his intention to harm anyone.”

Maybe if Tim had run into the auction using his paddle to feverishly whack participants to prevent them from bidding, then that could be seen harmful.

But let’s put this into context:

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