Foley & Lardner LLP Partner Rohan Virginkar, a former federal prosecutor and a member of the firm’s Government Enforcement Defense & Investigations Practice, was quoted in an AP News article, “California oil spill legal fight likely to last years,” about the obstacles and evidence needed in an investigation to determine who is responsible for the recent oil spill off the coast of Southern California.
Investigations by federal prosecutors, the Coast Guard, and several other federal agencies, including the National Transportation Safety Board, could lead to criminal charges, civil penalties and new laws or regulations.
Virginkar said “under some environmental laws, prosecutors only have to show negligence to win a conviction.” He added that criminal charges — when they are warranted — are typically pursued for accountability, deterrence, and punishment reasons.