The C-suite has learned not to put so much incriminating stuff into writing (after Apple/Google etc. got caught making blatantly illegal anti-poaching agreements in personal emails from folks like Jobs), so proving that is probably gonna be tough.
I can kill a person with a car either intentionally or unintentionally. Of course one is worse than the other, but both are ultimately bad and you should face justice for either of them, even if the punishment might be different because of the motivation/background. But neither should leave you as "innocent".
Every comment people can prove you made.
They learned putting it in email isn't ideal, for that reason.
https://www.reuters.com/article/technology/steve-jobs-told-g...
I'm sure these days when Apple and Google want to set up this sort of clearly illegal deal, their CEOs meet in person, or at least use phone/Signal.