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May 19, 2013
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Law & Order: Corporate Crime UnitPosted on May 18, 2010By Amy Goodman “Manslaughter,” reads the United States Code, “is the unlawful killing of a human being without malice.” It goes on, “Whoever is guilty of involuntary manslaughter, shall be fined under this title or imprisoned not more than six years, or both.” In the disasters at the Massey coal mine in West Virginia and on the BP oil rig in the Gulf of Mexico, people were killed. Twenty-nine miners died in the Upper Big Branch mine explosion. Eleven workers died on the Deepwater Horizon oil rig, which is owned by Transocean, working under contract for BP. There are state laws that govern manslaughter as well, and special language given for maritime deaths. So why aren’t the executives of these companies behind bars? Yes, these two disasters bring into sharp focus the need to reduce our national addiction to fossil fuels. The gulf oil eruption (for that is what it is, not a “spill” and not merely a “leak,” but the unleashing of a hugely powerful jet of oil and gas under enormous pressure, a mile beneath the ocean surface) is likely to become the worst environmental disaster in United States history. Mike Williams, the chief electronics technician of the Transocean oil rig, detailed on “60 Minutes” the negligence of both Transocean and BP in the lead-up to the blowout. Williams said a mistake was made during a pressure test, which damaged a critical safety gasket, or annular. Later, a crew member reported finding chunks of the rubber gasket in the effluent that surfaces during the drilling process. This annular is part of the blowout preventer, which is the device on the ocean floor, atop the well, that is supposed to serve as the fail-safe, to prevent exactly the type of catastrophe that is unfolding now. There also was a known electrical failure on the blowout preventer. Williams also detailed an argument aboard the Deepwater Horizon rig between the Transocean manager and the BP manager. Transocean had been hired to drill the hole and to plug it until BP returned to begin oil extraction. The argument involved how best to plug the hole. Transocean, Williams recounted, wanted to leave a heavy mudlike substance in the well shaft, to help the concrete plugs (installed by Halliburton) stay in place. BP wanted the substance removed, ostensibly to expedite the later extraction. “BP won,” Robert Bea, a University of California-Berkeley engineering professor, told “60 Minutes,” and the concrete plugs failed. The damaged blowout preventer failed as well, and the disaster soon followed. Advertisement Mokhiber thinks Massey executives should be prosecuted for manslaughter. After protesting outside the Massey shareholders meeting Tuesday, he told me: “If I drive my car 90 mph in a 55-mph speed zone, and I accidentally kill someone, I am going to be charged with involuntary manslaughter, for behaving with reckless disregard for those around me. Prosecutors regularly bring these cases. If a corporation operates a workplace with reckless disregard for the safety of the workers, and those workers die as a result, those executives responsible should be prosecuted. That’s why we are calling on the prosecutor of Raleigh County, W.Va., to bring this charge against Massey Energy and its responsible executives.” According to The Associated Press, federal prosecutors said they are investigating whether there was “willful criminal activity” related to the Upper Big Branch mine. BP also should face a criminal investigation. We need to pierce the corporate veil. While the civil lawsuits that will follow are likely to cost these companies some money, that is ultimately considered just the cost of doing business. When workers are killed to save time or because of unsafe working conditions, when livelihoods and the environment are destroyed, executives who make these decisions must be personally held accountable. Denis Moynihan contributed research to this column. Amy Goodman is the host of “Democracy Now!,” a daily international TV/radio news hour airing on more than 800 stations in North America. She is the author of “Breaking the Sound Barrier,” recently released in paperback and now a New York Times best-seller. © 2010 Amy Goodman Distributed by King Features Syndicate New and Improved CommentsIf you have trouble leaving a comment, review this help page. Still having problems? Let us know. If you find yourself moderated, take a moment to review our comment policy. |
By Bob Burgess, May 28, 2010 at 1:13 pm Link to this comment
(Unregistered commenter)
I will not add to the list of abuses that already appear on this thread (with
which I agree), but as a conservative Christian, I wonder how any Christian can
volunteer for military service to fight in behalf of the oligarchs that have taken
over the nation. In fact, how can anyone, Christian or not, volunteer to serve in
a military that kills thousands of innocent civilians for these beasts? The oil
spill, fracturing, coal mine explosion, and the economic crisis is a sample of
what America has been doing to human beings all over the developing world.
In the last book of the Bible (Revelation) John describes Rome as the beast and
Report thisthe dragon. This is mythological language. America now fits the pattern of the
beast. (I am NOT saying that John literally meant America when he wrote.) The
great whore represented Rome’s seductive propaganda machine that kept the
restive masses in place while Rome (Domitian) killed Christians and clamped
down on dissent. This is a far more accurate depiction of America than the
myth that we are a ‘Christian nation.’
By Lawrence Baker, May 23, 2010 at 11:10 am Link to this comment
Update May 22: In this last month, the Traitors in the 111th Congress have surrendered our Democracy to the Trilateral World Bankers and Big Oil. President Obama and Democrat Senators blocked the full audit of the Federal Reserve, an extra- legal off balance sheet entity of the Treasury. More secret cover-up of the continual bail-out of billions of free money for the banksters. The owners of Goldman Sachs are the same Rothchilds co-owners of the privately held Federal Reserve Banking System, and they know how to play the game by participating in the SEC charade.
Report thisYesterday, the corrupt Congress permanently put an end to finance and banking reform effectively killing our Democracy and ushering in the Totalitarian financial New World Oder.
Sad that our Democracy has ended this way, rendered useless and helpless by cowardly and corrupt Congress. Congress members are nothing more then mere vassals for World Bankers, Big Oil and their quest for the Totalitarian New World Order.
The utter collapse and failure of the 111th Congress to preserve our Democracy portents the end of the Democrat and Republican Parties.
I suggest that no one vote in the next election as protest. It is pointless; our Democracy is officially dead and it will take at least 100 years of struggle and millions of American lives to get it back.
2010 is a fast pace year of economic and ecological genocide of the American people. Big Oil is out of control and more powerful then the United States of America.
By G.Anderson, May 23, 2010 at 9:39 am Link to this comment
Why?
Because, the Kings and Queens, that control our corporate feudalism, have the right to kill your children and everyone you love with impunity. They have the right to take away life, liberty and property, deny you due process, and are immune to legal redress.
Just like the middle ages.
Sure they don’t call it feudalism, but it is nonetheless. The only thing missing is the right of primogeniture.
Let’s start with Warren Anderson former CEO of Union Carbid, wanted for the deaths of 20,000 people in the Bhopal India disaster in which he knowingly ordered removal of safety controls, killing thousands and leaving 120,000 more in a life time of agony. He lives in luxury in the US, so far we’ve denied his extradition to India.
Then there are the 400,000 killed by Viox, a long list of dangerous medications that kill hundreds of thousands each year, herbacides that kill through lymphoma and are gender benders, prescription drugs of abuse that kill more than street drugs. Depleated Uranium weapons, that kill our service men and women, and on and on and on.
Then there are the 3 ongoing wars, that are being fought to support the profits of the miltary industrial complex, while America itself rots from the inside out.
So why isn’t the CEO of AIG going to jail, why isn’t the entire executive staff of Goldman Sack going to jail, along with BP, etc, etc. Why? Why? Why?
The list of unprosecuted corporate crimes, against the serfs of America, is well documented.
It’s only a question of time, until millions of us drop dead due to some corporate money making scheme…
No doubt there will be a commision to study what happens and write a report, that no one will read..
The classic way to avoid doing anything and to stall for time, until the public can be distracted by some celebrity who cheats on their wife…
Why…?
Why weren’t the European aristocracy, sent to the guillotine, for murdering, men women and children for their entertainment, fighting endless senseless wars, bankrupting their countries, and generally working the population to death for generation after generation….?
Report thisBy JDmysticDJ, May 22, 2010 at 6:02 pm Link to this comment
Most people would agree that societies need to operate under the rule of law; however, the rule of law does not guarantee justice. Tyrants decree laws and selectively administer those laws. Laws are created and administered by elite ruling groups, even when populist grass roots movements initiate laws; those laws are fashioned and administered by these elite ruling groups. A thinking person needs only to give a cursory look at history to see that the rule of law does, not only, not guarantee justice, but that the rule of law sometimes enforces injustice.
The concepts of justice are subjective, and subject to much debate. In a truly egalitarian democracy, laws would be passed and revoked by democratic majorities, using democratic governance, under constitutional confines. When Law has been usurped by elite groups, within democratic societies, it is the responsibility of those democratic societies to return the rule of law to the governance and administration of “The people.”
When the Law, and other powerful institutional concepts come under the control of elite groups, which subvert justice, it becomes the responsibility of “The people” of a democracy to use every “Rational means” at their disposal to restore justice, not doing so, assures that justice for all will not be the rule. It has been said that people (Societies) get the democracy they deserve; I’ll suggest that peoples also get the justice they deserve.
The above mentioned “Rational means” would also be subject to debate, and would be dependent on circumstances. I’ll suggest that: Voting, signing petitions, contributing to the political campaigns of politicians that are likely to uphold justice, and political activism, would be considered “Rational means” by most.
When the circumstance arises that the people are seen to have been effectively disenfranchised by the machinations of elite groups, it becomes the responsibility of individuals within society to use those “Rational means” to restore justice and democracy i.e. good government. Endeavoring to right perceived wrongs does not validate a perspective of right or wrong, but that endeavoring is the responsibility of a citizen within a democracy and as a member of humankind.
When elite groups have succeeded in disenfranchising or alienating the electorate to apathy, thereby subverting democracy, political activism becomes the only “Rational means” of restoring democracy. Individuals who are politically apathetic and conditioned by the propaganda disseminated by elite groups are no more at fault for the failures of democracy than those who are politically aware and fail to participate in the necessary political activism or, puzzlingly, discourage political activism.
Activism: a doctrine or practice of vigorous action to achieve political or social goals.
Nihilists, and doomsayers, who actively disparage political activism, are crypto activists against achieving political and social goals within democracy. Their criticisms are frequently cogent, but they offer no solutions within a democratic framework, they cogently point out the current injustices and prognosticate about the coming doom, while vehemently ridiculing those who seek to avoid that doom and seek to promote social justice.
From my perspective, the world is blessed by the presence of people like Amy Goodman, and cursed by the presence of reactionaries, those who seek dominion, and by nihilists.
If one were uncontrollably sliding down a slope towards the edge of a catechism, one would be well served to seek traction that would slow, stop, or reverse that uncontrolled slide. Most would find such a predicament to be an evil, with greater and lesser outcomes.
Report thisBy REDHORSE, May 22, 2010 at 1:06 pm Link to this comment
Well Yeah—Where’s the beef? Are we really suprised that the perps are gonna walk? They’ll let your child die before they’ll pay for treatment—they’ll steal your home—charge you 30% interest—take your labor and pay you slave wages—gut your city and, get rich doing it. The lives of workers mean nothing.
There’s a lot more good at play in America than evil. It’s just that a machine is in place to stop unity and prevent knowledge of the power we have left. As always, Goodman has her teeth in their corrupt asses. It’s gonna change. We’re gonna be here and they’re gonna be gone.
Report thisBy wildflower, May 21, 2010 at 8:02 am Link to this comment
RE Gerard: “What’s all this about corporations insisting that they are “persons”, backed up by the Supremes to allow them to contribute unlimited funds in support of political candidates of their choice?”
It appears their right wing cronies on the Supreme Court intended the “person” status of corporations to be a discretionary kind of thing to be utilized at will by the corporations. During times of war they may opt to declare they are “unnatural persons” and decline to serve their country. (After all, corporations like Halliburton may have contracts to fulfill with the declared enemy.)
In matters involving taxes, they may opt to file as “unnatural persons” so they may reap all the deduction benefits to which “unnatural persons” like corporations are entitled. In matters involving campaign contributions to lawmakers makers, of course, corporations may opt to be considered “natural persons” so that their voices may be heard and politicians be bought.
In cases where these corporate “natural persons” demonstrate a reckless disregard for human life and/or destruction of the environment, however, the corporations may switch and declare themselves to be “unnatural persons” so that they may avoid personal accountability, criminal prosecution, and jail sentences for the crimes they have committed against any “natural person.”
Report thisBy Jim Yell, May 21, 2010 at 6:23 am Link to this comment
(Unregistered commenter)
I am still waiting for Baby Bush and Cheney to be tried in court for their criminal mischief. And, ask once again why haven’t the American People had full view of the Cheney/energy industry meetings? We don’t even have an outline of what they talked about. Much of this mischief probably traces back to the deal made during this meeting and yet we don’t even know at this late date.
There is an unwillingness amongst the government to punish anyway and if they are punished it is with a golden prison, tennis, sauna and landscaped grounds. What happened to the American Ideal where money wasn’t enough to protect from crimes committed? Of course it always was an idea admired at one time, but hardly practiced.
Report thisBy ToxicReverend, May 20, 2010 at 4:51 pm Link to this comment
Michael McCann, the longtime district attorney of Milwaukee County,(retired 12 / 31 / 2006 )was best known for prosecuting Jeffrey Dahmer. McCann had also prosecuted more than ten corporations for reckless homicide over the last two decades and had won every case (162).
The reasons why this is so
rarely done are investigated, here
(work in progress)>
American Roulette - Red Collar Crime
Revolvers are for Russians. We use products, services and labor rights.
Report thishttp://sites.google.com/site/toxicrevelations/red-collar-crime—-american-roulette
By Uncle B, May 20, 2010 at 11:41 am Link to this comment
(Unregistered commenter)
The first responsibility by American corporate law is to the shareholders - at all times! The first obligations are not to airy fairy altruism and careful care in operations. Who owns the larger blocks of BP? American pension plans? Arab oil interests? Who? These folks under American law get first consideration. The taxpayer will take the Gulf disaster in the neck, Americans will lose this wonderland of food production. Americans will also be able to continue driving air-conditioned V-8 cars til the end of Cheap Oil Era - coming soon! Burgeoning Asian demands for a larger share of finite world’s oil supply, and the Asians ability to pay more and in valued Yuan, not manipulated American dollars, will starve America of oil! The U.S.A. is on the cusp of dramatic energy re-patterning. They will soon be forced to switch from a foreign liquid energy based economy to a domestic electric economy. Wind, Wave, Solar, Hydro, Tidal, Geothermal, Nuclear energy are not translatable to liquid fuels but to electricity! China , with greater foresight, has up and running, Nuclear/electric powered, electric bullet train networks serving its patriots as we speak! Europe has the same! Tokyo has exchangeable batteries for its downtown electric taxi fleets. BYD has a rechargeable volt knock-off proven in over two years of taxi service in Shanghai. America has none of these! We have the Gulf disaster and a BP to blame for the folly. and we will never be able to clean it up! Our Corporate laws favored BP and their kin, we Americans worship the capitalist style and we are wrong! NASA, a socialist government organization put us on the Moon and returned every soul. A corporation gave us the gulf and the damages are horrendous and have marked the world as a monument to the “American Way” to do things - Much as Detroit City slums remain a monument to Corporatists and Capitalists , the ruination in the gulf will be with us to the end of time - our time anyway!
Report thisBy wildflower, May 20, 2010 at 11:09 am Link to this comment
RE Lawrence Baker: “Rockefeller said . . . in bad times people take shortcuts—profits before safety is just the way the world works.”
It’s not the way the world works – it’s the way irresponsible corporations work. Nothing is going to change until the directors of these corporations are held personally accountable and prosecuted for their reckless decisions.
When it comes to “free speech” corporations - along with their less than honest Supreme Court cronies - argue that they are entitled because a corporation is made up of “natural persons” and it is wrong to deny them their voice.
But when it comes to the matter of accepting responsibility for their reckless conduct, voice and/or decisions, these same “natural persons” argue they cannot be held personally accountable for their reckless decisions and/or voice.
Quite a setup these corporate criminals have arranged for themselves.
Report thisBy Pennsydog, May 20, 2010 at 6:42 am Link to this comment
So what can an unconnected garden-variety citizen do to insure that these coal, oil, and investment criminals get arrested and tried?
Report thisBy Walter Ebmeyer, May 20, 2010 at 6:35 am Link to this comment
(Unregistered commenter)
So what can an unconnected garden-variety citizen do to get these oil, coal, and derivatives criminals charged and tried?
Report thisBy MeHere, May 19, 2010 at 4:47 pm Link to this comment
Thanks, kayrun,
for bringing a legal point of view to this subject. Law enforcement applies to big
Report thisbusiness only when it’s politically convenient. This is the same country that
invades other nations and tells them they need to build democratic institutions.
By DaEggman, May 19, 2010 at 12:49 pm Link to this comment
(Unregistered commenter)
How can you say that you’re not responsible?
What does it have to do with me?
What is my reaction, what should it be?
Confronted by this latest atrocity
Driven to tears
Hide my face in my hands, shame wells in my throat
My comfortable existance is reduced to a shallow meaningless party
Seems that when some innocent die
All we can offer them is a page in a some magazine
Too many cameras and not enough food
‘Cos this is what we’ve seen
Driven to tears
Protest is futile, nothing seems to get through
What’s to become of our world, who knows what to do
Driven to tears
Report this“The Police”
By kayrun, May 19, 2010 at 11:39 am Link to this comment
This is more than manslaughter. It is murder. As an attorney, I litigated many cases for and against corporations. Amy Goodman’s indictment is valid, but mild. There is a well-known and established doctrine in law called “reckless disregard” for the safety or well-being of another human being. It is considered judicially as a substitute for “intent”. In other words, if the actions or omissions are so blatant a disregard for the foreseeable consequences of those actions or omissions, then “intent” is presumed! This makes the deaths of these men murder (probably second degree).
Also, what about the felonious cruelty or abuse of animals? While this is not quite in the range of murder (although it probably should be, but murder is defined as the unlawful killing of a human being), it is a serious crime that supports charges based on the killing or harm of EACH ANIMAL.
Further, corporations are liable criminally as corporations. Therefore, it is not necessary that individual directors or officers be charged (they should be if guilty), the corporation itself is charged with the crimes. There are multiple punishments or consequences to conviction, including dissolution (rarely); probation (sometimes); fines (often); and submission to government regulation and oversight during a period of time. Conviction of criminal behavior is almost always a basis for judgment in civil lawsuits and cannot be revisited by the corporation—meaning their or its guilt is already established for the civil trials.
We have thousands of laws, both state and federal, which would really stop this type of behavior, but they are not enforced, not supported, and virtually unknown to the general public. We do not need more laws or committees to investigate; we need to enforce powerfully the laws we have.
Kayrun.
Report thisBy garyrose66, May 19, 2010 at 11:03 am Link to this comment
Bravo! Amy Goodman’s words should be read on every news program every day for the next several months as this worst environmental disaster in history continues to unfold.
The US government should immediately file a cease and desist order to stop all BP operations in the US, and revoke their corporate charter until they can demonstrate that they have the proper and required permits and safety systems in place. Further before being allowed to reinstate their charter to operate in the US again the government should charge BP a fee of 50 billion dollars payable in full before getting a permit to operate again. This is like any landlord who requires a security deposit before renting their property. the fee will be held as security and paid out, as a down payment to compensate the US for the damage done to our lands and our people.
Also in the meantime citizens can begin to boycott BP gasoline which done through avoiding both the BP,and ARCO brands.
Report thisBy Alan MacDonald, May 19, 2010 at 9:25 am Link to this comment
Hard to argue against—- but easy to lobby against.
Logic and law do not prevail in our supposed constitutional democratic Republic.
Money and power of the Global corporate/financial/militarist Empire, which hides behind the facade of its TWO-Party ‘Vichy’ sham of faux democratic government (aided by its equally ‘Vichy’ corporatist press) prevails——not only sometimes, but all the time—- and until the end of time.
Best luck against Empire,
Report thisAlan MacDonald
Sanford, Maine
By Lawrence Baker, May 19, 2010 at 8:40 am Link to this comment
May 18 elitist Rockefeller Sen. John D. “Jay”’ Rockefeller IV (D-W.Va.), chairman of the Senate Commerce Committee, also expressed concern about oil continuing to pour into the gulf. “There will be many more days, many more weeks, many more months—who knows at this point— before the devastation can be brought fully to a halt,” he said. “Every day the damage grows worse.”
Report thisRockefeller said he wanted to know whether companies took shortcuts. “I’m familiar with shortcuts, because I come from West Virginia where there are a lot of coal mines,” he said, “and in bad times people take shortcuts—profits before safety is just the way the world works.”
By Lawrence Baker, May 19, 2010 at 8:33 am Link to this comment
May 18 elitist Rockefeller Sen. John D. “Jay”’ Rockefeller IV (D-W.Va.), chairman of the Senate Commerce Committee, also expressed concern about oil continuing to pour into the gulf. “There will be many more days, many more weeks, many more months—who knows at this point— before the devastation can be brought fully to a halt,” he said. “Every day the damage grows worse.”
Report thisRockefeller said he wanted to know whether companies took shortcuts. “I’m familiar with shortcuts, because I come from West Virginia where there are a lot of coal mines,” he said, “and in bad times people take shortcuts—profits before safety is just the way the world works.”
That was an easy case- Mystery Solved
By TheBrix57, May 19, 2010 at 8:26 am Link to this comment
Your premise that corporations should be held responsible for criminal charges in regard to their dealings is rather laughable.
First of all, the laws in this country are written by white collar criminals in our political class. Do you actually think that they will write a law that may impact them? Really? Millionaires writing laws concerning other millionaires will have so many loopholes that it just boggles the mind.
Your example of driving a vehicle 90 mph in a 55 mph zone and you hit someone and kill them should be involuntary manslaughter only shows someone that is quite naive. Again, laws are written by white collar criminals. A motor vehicle is NOT considered a dangerous weapon. Most laws concerning motor vehicles are written as misdemeanors and not felonies.
Report thisBy Chums Walking, May 19, 2010 at 8:09 am Link to this comment
These major corporations all own several sub companies that hold the legal responsibility for the actions of the individual operations. These sub companies have directors who would be in the line of fire when things go wrong. These directors are not normally on the main board of the corporations.
Report thisThe carrot of a directorship within a major corporation is hard to resist however the legal implications can be massive especially if the title covers health and safety / environmental responsibility. Using these legal entities usually protects the main board from prosecution.
By Jerry, May 19, 2010 at 5:10 am Link to this comment
(Unregistered commenter)
Why hasn’t Obama taken charge of these catastrophes from the beginning instead of leaving it up to the inept companies that caused them. This is and should be treated like a WAR!
Report thisBy SoTexGuy, May 19, 2010 at 4:31 am Link to this comment
Another example of why I keep up with what’s on Democracy Now and look for Amy Goodman’s articles.
Well said.
Report thisBy Otot, May 19, 2010 at 1:17 am Link to this comment
(Unregistered commenter)
So Amy, how do YOU get to work in the morning?
Report thisBy gerard, May 18, 2010 at 8:39 pm Link to this comment
What’s all this about corporations insisting that they are “persons”, backed up by the Supremes to allow them to contribute unlimited funds in support of political candidates of their choice? If they are “persons” let them be prosecuted as persons, and in the case of Massey, BP, Halliburton and Transoccean, punished for manslaughter as they deserve. After that, add on the Wall Stsreet gangsters, the banksters and all the high-flying financiers who, as “persons”. cheated ordinary people out of their jobs, homes, bank accounts and retirement funds.. Otherwise, ther ain’t no justice and we have to stop pretending to be a democracy or a government of laws.
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