That's why you investigate. But awareness should be enough. And if we start to have trouble proving awareness (maybe employees aren't aware of a settlement), just require in settlements that employees
are informed.
For felony murder, you don't have to know that the person you're with is armed, intends to kill, or if you're driving the getaway car you don't even have to know that they have killed anyone at all. You're participating in something that you're expected to know is wrong, and you're punished for anything that results from the entire event. If this were like felony murder, the engineers that implemented it (assuming awareness) would be as liable for the $150 million as anyone else involved.