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What Punishment Should CEO’s Receive for Egregious Violations of Safety Standards?

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Is life in prison too harsh a punishment for this guy?

Federal court officers have recommended a sentence of life in prison for a peanut company executive convicted of selling salmonella-tainted food, a move that attorneys on both sides called “unprecedented” for a food-poisoning case.

The potential life sentence for former Peanut Corporation of America owner Stewart Parnell was disclosed by prosecutors in a court filing Wednesday.

Parnell, 61, is scheduled to be sentenced Sept. 21 by a federal judge in Albany, Georgia. Prosecutors filed a legal brief Wednesday in U.S. District Court revealing that the U.S. Probation Office, which prepares pre-sentencing reports to help guide federal judges, concluded the scope of Parnell’s crimes “results in a life sentence Guidelines range.”

Parnell and his co-defendants were never charged with sickening or killing anybody. Instead prosecutors used the seven-week trial to lay out a paper trail of emails, lab results and billing records to show Parnell’s company defrauded customers by using falsified test results to cover up lab screenings that showed batches of peanut butter contained salmonella. The tainted goods were shipped to Kellogg’s and other food processors for use in products from snack crackers to pet food.

Prosecutors wrote that court officers “correctly calculated” Parnell’s recommended sentence, but stopped short of saying whether they plan to ask the judge to impose a life sentence. A spokeswoman for the Justice Department in Washington, Nicole Navas, declined to comment.

Prosecutors’ legal brief also noted stiff sentences were recommended for Parnell’s two co-defendants. Punishment of 17 to 21 years in prison was recommended for Parnell’s brother, food broker Michael Parnell, who was convicted on fewer counts. The recommendation for Mary Wilkerson, the Georgia plant’s quality control manager, was eight to 10 years. She was convicted of obstruction of justice.

According to the CDC, deaths linked to the outbreak were reported in Idaho, Minnesota, North Carolina and Virginia.

Both sides are calling this unprecedented, and it is. But then if your actions lead to the death of someone in most circumstances, you can be held liable and forced to serve a lot of time. If your culpability goes to the point of defrauding customers to avoid safety and that then kills people in four states, that’s pretty bad.

I will note that there’s no way that the public outrage over companies killing customers is likely a lot more intense than the same CEO killing workers through unsafe work practices. But then threats to consumer health has long drawn more outrage than threats to worker health.

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