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Nasa Says Metals Fraud Caused $700M Satellite Failure

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Re: Nasa Says Metals Fraud Caused $700M Satellite Failure

#42

Earlier quoted context omitted.

The deferred prosecution agreement essentially means that as long as the SEI adheres to the financial terms of the plea agreement the government will eventually drop the charges [0]. That's an amazing deal in its generosity and I'm sure that the financial penalties levied are outweighed by the financial gain realized over the years of their fraudulent activity. The rationale for not pursuing the company for the full…

This is a worthwhile book that might help clear up some of your bewilderment at why corporate crime cases so often turn out so unsatisfactorily. https://www.amazon.com/Chickenshit-Club-Department-Prosecute... My personal TL;DR from a couple of years ago if you don't have the time to read the book: - It's very hard for prosecutors to secure a criminal conviction even in the most blatant cases of wrongdoing. - Prosecut…

I enjoyed that book, I felt it kind of just "ended" though. It had some interesting history and insights but then the pages just kind of ran out

Re: Nasa Says Metals Fraud Caused $700M Satellite Failure

#43
post #16

Earlier quoted context omitted.

Both of your assertions are exaggerations. 1) It is far from certain that the falsified test results "cause[d] a billion in damage." Press releases about settlements are not court judgments. At trial, the government would have to prove "but-for causation." For one of the failures, for example, the government would have to prove that the launch vehicle's faring would have opened fully had the aluminum met specificatio…

> It's not typical for "kid[s]" to be put in prison for carrying "a few grams of weed." It might happen sometimes (in a country of 330 million people, everything that can happen will happen sometimes) but it's not typical. First, this shouldn't be a "sometimes" thing, it should be a "never" thing. You get convicted for drugs, regardless of how much, and your life is forever changed. Second, for all the made, think ab…

>First, this shouldn't be a "sometimes" thing, it should be a "never" thing. You get convicted for drugs, regardless of how much, and your life is forever changed.

A lot of things should "never" happen but do. Life isn't fair. Some people have really bad luck.

Re: Nasa Says Metals Fraud Caused $700M Satellite Failure

#44
post #2

It's amazing how companies in the US can cause a billion in damage, wasting years of highly talented people, put climate science years behind, and get a slap on the wrist. Yet, some kid carries a few grams of weed and goes to jail or gets killed by the cops.

Seriously, how is the penalty only $46 million? Should be multiple billions of dollars. And the employees who faked the tests should be in prison.

The DOJ press release linked elsewhere in the thread says at least one employee was jailed:

"Second, from in or about 2002 through September 2015, Dennis Balius, the SPI testing lab supervisor, led a scheme to alter tests within SPI’s computerized systems and provide false certifications with the altered results to customers. Balius also instructed employees to violate other testing standards, such as increasing the speed of the testing machines or cutting samples in a manner that did not meet the required specifications. Balius pleaded guilty in July 2017 and was sentenced to three years in prison and ordered to pay over $170,000 in restitution."

The penalty is only $46 million because they've yet to be able to determine (like in court) that the claimed loses (like the failed launches) were actually a consequence of SPI's fraud. The damages are likely on the scale of the orders actually made.

Re: Nasa Says Metals Fraud Caused $700M Satellite Failure

#45

Earlier quoted context omitted.

> It's not typical for "kid[s]" to be put in prison for carrying "a few grams of weed." It might happen sometimes (in a country of 330 million people, everything that can happen will happen sometimes) but it's not typical. First, this shouldn't be a "sometimes" thing, it should be a "never" thing. You get convicted for drugs, regardless of how much, and your life is forever changed. Second, for all the made, think ab…

>First, this shouldn't be a "sometimes" thing, it should be a "never" thing. You get convicted for drugs, regardless of how much, and your life is forever changed. A lot of things should "never" happen but do. Life isn't fair. Some people have really bad luck.

What an asinine response. Bad luck should happen in spite of the law, not because of it.

Re: Nasa Says Metals Fraud Caused $700M Satellite Failure

#46
post #40
post #32

Earlier quoted context omitted.

This is completely inaccurate. Corporate liability protection only extends to civil financial issues, any real property crimes (ie. fraud, murder, etc) 'pierces the corporate veil' and ultimately are filed against the people who performed it.

According to other comments here the company plead guilty to (criminal) fraud. So no it is not completely inaccurate.

See here: https://www.legalmatch.com/law-library/article/corporate-lia...

"When a corporation is criminally liable, the responsibility also falls on individuals. The board of directors, officers, and other high-ranking officials will almost always be criminally liable as well (just look at the Enron fiasco). A individual can be held criminally liable for another employee's illegal act under the accomplice liability theory."

Re: Nasa Says Metals Fraud Caused $700M Satellite Failure

#47
> Corporate and personal greed perpetuated this fraud against the government and other private customers, and this resolution holds these companies accountable for the harm caused by their scheme

Did he misspeak or are only the companies being held accountable? I don't think a company can exhibit "personal greed." Is he implying there are individuals responsible as well who aren't being held accountable?

Re: Nasa Says Metals Fraud Caused $700M Satellite Failure

#48
post #16

Earlier quoted context omitted.

Both of your assertions are exaggerations. 1) It is far from certain that the falsified test results "cause[d] a billion in damage." Press releases about settlements are not court judgments. At trial, the government would have to prove "but-for causation." For one of the failures, for example, the government would have to prove that the launch vehicle's faring would have opened fully had the aluminum met specificatio…

> It's not typical for "kid[s]" to be put in prison for carrying "a few grams of weed." It might happen sometimes (in a country of 330 million people, everything that can happen will happen sometimes) but it's not typical. First, this shouldn't be a "sometimes" thing, it should be a "never" thing. You get convicted for drugs, regardless of how much, and your life is forever changed. Second, for all the made, think ab…

None of this changes the grandparents analysis that drug crimes are easy to prove vs the countefactual “but for” argument about satellites.

Regardless of drug laws’ justice, proving things about them are fairly easy. Proving things about what happened outside the atmosphere is hard.

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