INTERVIEW. After Powers Fasteners Inc. agreed yesterday to pay $16 million to settle litigation over the Big Dig tunnel collapse, Metro asked former state prosecutor and current Massachusetts Lawyers Weekly reporter David Frank to weigh in on the case.
Would prosecutors have pursued the manslaughter charge in court if the maximum penalty wasn’t only $1,000?
There’s no question that one of the main obstacles was the fact that the maximum penalty was a $1,000 fine, and clearly if the law in Massachusetts allowed for executives in a corporation to be punished more significantly, that certainly would change the dynamics of any plea negotiations or settlement discussions. But that said, it’s hard for me to say how things would’ve played out if the penalties were different.
Why even pursue criminal charges then?
In this case, there’s a civil investigation going on along with the criminal, so it’s not as if any additional resources were expended. ... But I think there are plenty of circumstances where a prosecutor may decide not to seek criminal charges against a corporation because the maximum punishment makes it not worth it.
Is there anything lost from an ethical standpoint in this case with Powers being spared from a trial?
A defendant, whether they are a corporation or an individual has every right to negotiate a resolution to a case short of trial, and that’s what’s happened here. And even though public is rightfully upset about everything that has happened with the Big Dig, and specifically with the tunnel collapse, this type of resolution makes sense on so many different levels.