University of Virginia law professor Brandon Garrett, author of Too Big to Jail: How Prosecutors Compromise with Corporations, said he was « horrified » by the deferred lawsuit agreement. Criminal complaints are contained in information (the « information ») that includes one count of participating in a system of concealment of facts essential to NHTSA and one count of fraud over the wire. If GM complies with all the provisions of the agreement, the government will delay the continuation of the information for three years and attempt to dismiss the charges. « Cases like this show how corporate crime can be a matter of life or death. » Garrett said. « It is deeply troubling that GM resided in this case as part of a later prosecution, outside and without charge. So many people have died as a result of these disabilities. Some people have even been wrongly convicted of manslaughter for driving defective cars. Such a serious case should lead to a criminal conviction of the company and numerous criminal convictions for those involved. The new memo from the Department of Justice is clearly not yet in use. And colonies like this show why change is so urgent. Nor does the explanation that it is difficult to show intentions to defraud seem particularly persuasive. Finally, all you need is recklessness or deliberate blindness.
The intent can be inferred from all the circumstances, as the U.S. Attorney`s manual makes very clear. 10. If the Agency were to, at its sole discretion, based on facts that were disclosed after the implementation of this agreement, GM disposes: (a) to knowingly provide false, incomplete or misleading information to the Agency, FBI, DOT, SIGTARP or NHTSA, either during the duration of this agreement or as part of the Review of the Agency`s conduct described in the information and facts described in the information and facts described in the information and facts described in the information and facts facts. (b) committed, after the execution of this agreement, criminal offences under U.S. federal law or (c) otherwise violated a provision of this agreement, GM is, at the sole discretion of the Agency, prosecuted for a federal crime of which the Agency is aware, including, but not only, information-based criminal proceedings. , the presentation of the facts or the behaviour described in them.