Approximately 10 days after Sullivan provided sworn testimony to the FTC, he learned of a second data breach involving similar records but on a much larger scale.
Uber paid a ransom to the hackers under its bug bounty program and made the hackers sign NDAs to avoid the breach becoming public knowledge.
Sullivan did not inform the FTC during the sworn investigative hearing because he couldnt have, Sullivan learned of the breach 10 days later.
This version of the facts matches the case laid out in the charging documents but does so by examining the decisions without viewing them as linked to criminal activity.
You must consider how decisions made in the moment can be interpreted, construed, or proven to be criminal after the fact.