Jason Leopold and I have both been going head on at the DOJ and Obama Administration over the issue of criminal treatment for BP and its actions in causing the Gulf disaster; see: here, here, here and here. One of the thoughts has regarded the DOJ’s ability to leverage one or both of the Federal criminal probation matters BP is currently operating under for past crimes.
One case was for the Alaska spill and BP was placed on criminal probation for three years starting in December 2007. The other case was a felony plea resulting from the Texas City Refinery explosion. Here is the plea agreement from the Texas City Refinery case and here is the concurrent statement of facts in support thereof.
The key to unlocking where we stand on this is understanding the exact relationship, and how clearly defined it is, between the parent company “BP Plc.”, the Texas City criminal defendant entity “BP Products North America Inc.” and the Alaska criminal defendant entity “BP Exploration (Alaska) Inc. Also, what exact names are on the permits and leases for the Macondo well project? How do all these fit together and can we pierce these alter egos and reasonably argue that the parent entity BP Plc. is legally, including criminally, liable for all?
So this is a crowdsourcing game for one and all that are interested in helping. If we can dissect this bull manure for the cute liability dodge sham it is, maybe we can gain some traction. Put any thoughts, links, cites and results of your work in the comments. Many of you are a lot better at drilling into corporate entities than I am, so thanks for the help!