OpenAI and Anthropic both would have, and have, committed crimes.

The explanation for "how was it determined to be accidental" is "because the alternative is admitting to a crime through deliberate negligence". I.E. "we knew it could happen but we wanted to see it through for the lolz"

It is not "of course it's an accident, they wouldn't willingly let their bot commit a crime and then lie and claim it's an accident!!!"