AS BP incurs the largest fine in U.S. history - $4.5 billion - for its role in the 2010 Deepwater Horizon disaster, A grand jury in the Eastern district of Louisiana has returned indictments against three BP employees.
Robert M. Kaluza, of Henderson, Nevada, and Donald J. Vidrine, of Lafayette, Louisiana, - both of whom were the highest-ranking BP supervisors onboard at the time of the accident - were are alleged to have engaged in negligent and grossly negligent conduct in a 23-count indictment charging violations of the federal involuntary manslaughter and seaman's manslaughter statutes and the Clean Water Act, the Department of Justice (DOJ) announced on 15 November 2012.
If convicted, both Kaluza and Vidrine face a maximum 10 years in prison on each count of seaman's manslaughter, up to eight years on each involuntary manslaughter count and up to one year in prison on the Clean Water Act count, the DOJ said.
A third person, David I. Rainey, of Houston, is charged with obstruction of Congress and making false statements to law enforcement officials. Rainey was formely BP's vice president of exploration for the Gulf of Mexico and served as Deputy Incident Commander and second-highest ranking representative at Unified Comannd during the company's spill response efforts. If convicted, Rainey faces up to five years in prison on each count, the DOJ said.
Earlier Thursday, BP said it would plead guilty to 14 criminal charges and pay $4.5 billion in a new settlement with the U.S. Department of Justice (DOJ), and Securities and Exchange Commission (SEC) over its role in the 2010 gulf oil spill.
BP will plead guilty to 11 felony counts of misconduct or neglect relating to the 11 workers killed after a blow-out on the Macondo well, which eventually sunk the Deepwater Horizon rig. BP also pled guilty to one misdemeanor related to the Clean Water Act; one misdemeanor related to the Migratory Bird Treaty Act; and one felony count of obstruction of Congress.
BP is expected to pay the $4.5 billion settlement over the course of six years. $4 billion will be paid to resolve criminal claims with the U.S. government over a period of five years. Additionally, BP will pay the SEC a civil penalty of $525 million over a three-year period.
Of the $4 billion, $1.256 billion will be applied to criminal fines, $2.394 billion will be given to the National Fish and Wildlife Foundation, and $350 million will be paid to the National Academy of Sciences.
'We apologize for our role in the accident, and as today's resolution with the U.S. government further reflects, we have accepted responsibility for our actions,' said Bob Dudley, BP's Group Chief Executive.
The proposed resolutions, BP said, do not cover federal civil claims.
‘From the outset, we made a commitment to clean up the spill and pay legitimate claims – and we've been fulfilling that commitment ever since,' Dudley said. ‘As we move forward, we are preparing to defend ourselves in court on the remaining claims. We are open to settlements, but only on reasonable terms.'
As a part of the resolution, BP has also agreed to term of five years probation. The company must take actions to enhance its safety procedures in the Gulf of Mexico, including the appointment of a safety process monitor and an ethics monitor.
‘We are committed to building a safer, stronger BP,' said Carl-Henric Svanberg, BP's Chairman. ‘This work did not begin with the Deepwater Horizon accident and will not end with today's resolution.'
The April 20, 2010, Deepwater Horizon disaster is the largest offshore oil spill in U.S. history, gushing 4.9 million barrels of oil into the Gulf of Mexico before the well could be successfully capped on July 15, 2010.
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