The trouble is that the firm's brilliant but highly medicated litigator, Arthur Edens Tom Wilkinsonn), has found a "lost" document that makes the chemical company's culpability clear.
If the government was aware that AWB had been paying kickbacks, then the company's culpability, if any, would be greatly diminished.
The federal sentencing guidelines increase a company's "culpability score" for violations that occur within 10 years for similar misconduct, so a judge can impose a higher fine on companies that engage in multiple violations.
Mr. Spadaro accused political appointees in the Mine Safety and Health Administration of cutting the investigation short, playing down the coal company's culpability and not holding federal regulators accountable for weak oversight.
Then there is the question of the fine per barrel, which depends on an assessment of the company's culpability: it could be up to $4,300, giving a total of around $15 billion, on which there would be no tax relief.BP intends to use its second-quarter figures, due on July 27th, to provide its own assessment of its liabilities, and to show that it can meet them.
The company admits some culpability; that some of its staff misinterpreted readings regarding the pressure in the well, and that BP workers only used six centralisers – which keep the well bore hole in shape and reduce the chances of a leak – when BP had intended them to use 21.
Professor Barry A. Farber, Ms. Lane's friend and faculty mentor at Columbia University Teachers College, said: "It makes me feel better that the company is finally admitting culpability.
Mr. Tanzi was named on Monday as one of about 20 Parmalat officials, including three former chief financial officers, and others who were under investigation for possible culpability in the company's failure.
It was an "act of God," a mining-company official said, disavowing any culpability.
