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By Editorial page staff, The Times-Picayune
Investigators in BP's criminal probe are reportedly examining what company officials knew about the Macondo well's flow rate in the early days of last year's spill -- and that's a warranted angle for the probe.
After the April 20 blowout, the company initially said only 1,000 barrels a day were spilling into the ocean and later it revised its estimate to 5,000 barrels daily. But congressional investigators uncovered documents showing BP knew then that as much as 14,000 barrels could have been spilling every day. Government scientists eventually pegged the actual flow at 62,000 barrels a day.
Federal investigators have shown up at the homes of several BP executives in recent weeks to question them about the flow rate and how it may have differed from what the company told government officials and the public, according to sources. Giving false statements to a federal agency is a felony.Two sources familiar with the Department of Justice probe said the investigation also is examining whether BP executives used their internal knowledge of the spill for illegal insider trading.
At the same time, the Justice Department has formed a new task force in the investigation headed by the Criminal Division, not the Environmental Division. It remains to be seen whether that means the department is preparing what could be the biggest environmental criminal case in the nation's history.
BP and its contractors face as much as $30 billion in criminal fines and an additional $21 billion in potential civil penalties for the spill. Many observers expect the fines to be negotiated between the firm and the government and to be set at lower amounts, in great part because BP already has paid billions of dollars for cleanup and to settle damage claims.
But Deputy Attorney General James Cole said that, "If criminal conduct did occur, there will be a harsh price to pay."
It's important that those responsible for the disaster pay the full cost of repairing the damage. It's also important that any firm or individual who broke the law is brought to justice.
Gulf residents, who suffered the consequences of the spill, deserve no less.