By Allan Lengel
DETROIT — Imagine if you will, if former Detroit Mayor Kwame Kilpatrick was able to pay the Justice Department hundreds of thousands of dollars instead of going to prison for 28 years. Imagine if Boston gangster James “Whitey” Bulger, accused of having a hand in 19 murders, was able to pay a couple million dollars to the Justice Department instead of serving life in prison. Imagine if Dr. Farid Fata, a Detroit area oncologist who administered chemotherapy to patients who didn’t even have cancer, paid a $10 million fine instead of getting a 45-year sentence.
And then imagine, if you will, if General Motors was able to pay $900 million to the Justice Department in lieu of having some of its employees go to prison for sweeping under the rug a gravely serious problem with faulty ignitions that resulted in well over 100 deaths.
Call it murder. Call it negligent homicide. Call it manslaughter.
Call it a bloody injustice. Call it a shame that General Motors is able to pay off the Justice Department to make a criminal case go away. Reuters reported Wednesday that GM has agreed to pay about $900 million in fines and sign a deferred-prosecution agreement to end a federal investigation into its handling of problems.
The Justice Department will charge the company, not any individuals, with criminally hiding the defect from regulators and in the process defrauding consumers. So what.
The Justice Department has historically failed to address some corporate crimes appropriately by letting some folks off without prison time. The message is clear in cases like this: “Just give us money and we’ll make it go away.” GM could have recalled these dangerous cars with faulty ignitions 10 years ago, but nobody made them do it, so they didn’t. Lives could have been saved.
Sure, GM’s CEO Mary T. Barra can take some credit for cleaning house and getting rid of those responsible. Now, those folks have lawyered up and shut their yaps.
The word is that the Justice Department didn’t have enough incriminating documents or a real whistleblower to put together a solid criminal case against individuals.
But that’s no reason not to pursue a criminal investigation. If the feds could get N.Y. Underboss Salvatore “Sammy The Bull” Gravano to flip and rat out his boss, John Gotti, they could certainly have worked the case more and gotten some white collar workers to flip on co-workers.
Again, Mary Barra and GM should get some credit for cooperating with a federal investigation and offering payouts to victims, but that shouldn’t mean a free pass for those who could have acted responsibly and saved lives.
The $900 million is certainly a lot of money to you and I. But for GM, that’s a quarterly earning. GM can absorb that.
We rely on the automakers to produce a safe product, one that many of us rely on nearly everyday of our adult lives. We don’t expect the automakers to be perfect and always produce a flawless product.
But we do expect them to respond appropriately, and in a timely manner, when they realize a flaw in their product could kill us.
Unfortunately, the Justice Department has once again sent a message to the automakers that cover ups are OK, so long as you have the money to pay for them when you get caught.