As to why the government hasn't tried to indict for criminal charges, there could be many reasons. The case might not be good. They might be waiting. They may think it's small fry stuff.
The doj doesn't go after everyone.
Is there any question as to what Lenovo actually did, are they denying they exceeded their authorisation in accessing computers and MitM-ing things like bank transactions? If the facts aren't in dispute there then surely the only thing the court would need to do is work out how long the directors who authorised/oversaw [or negligently didn't oversee] this are going to be put in prison for.
Let's say that some company builds a bridge that doesn't match the spec, to the point that it's dangerous. Maybe it falls down if any truck weighing more than 10 tons goes over it, when it was supposed to hold 40 tons. And let's further say that this weakness was the result of intentional cost-saving measures and a complete failure to investigate their consequences. But then let's say that the fault with the bridge was discovered after a few months before any 11-40 ton trucks had gone over it, so nobody actually died.
Would that be illegal under some sort of negligence or endangerment law? It certainly seems like it ought to be. Lenovo's actions are basically equivalent, except that it was (probably) just property at risk, not lives.
It looks like endangerment is indeed a criminal offense, and it doesn't require that the harm actually happens, just that the potential was there and that it was foreseeable. Would that actually apply here?
Regarding automobile recalls, it looks like GM got hit with some fines for their ignition switch shenanigans, beyond actual damages. But it looks like this is a regulatory thing rather than a criminal thing. Maybe this is another place where special laws get in the way of generalizing.
While it seems pretty rare for this to happen, the officers of a corporation can be held criminally liable for the actions of the corp.
Not a lawyer but quoting from the document.
COMPLAINT FOR:
1) VIOLATION OF COMPUTER FRAUD AND ABUSE ACT (18 U.S.C. § 1030, et seq.);
2) VIOLATION OF FEDERAL WIRETAP ACT (18 U.S.C. § 2510, et seq.);
3) VIOLATION OF THE STORED COMMUNICATIONS ACT (18 U.S.C. § 2701, et seq.);
4) VIOLATION OF CALIFORNIA INVASION OF PRIVACY ACT, PENAL CODE §§ 631, 637.2;
5) VIOLATION OF CALIFORNIA BUS. & PROF. CODE § 17200, et seq.;
6) TRESPASS TO CHATTELS;
7) COMMON LAW FRAUD; and
8) NEGLIGENT MISREPRESENTATION 2) VIOLATION OF FEDERAL WIRETAP ACT (18 U.S.C. § 2510, et seq.);
3) VIOLATION OF THE STORED COMMUNICATIONS ACT (18 U.S.C. § 2701, et seq.);
You'd think one or the other, no? (AFAIK Superfish didn't touch anything even remotely covered by SCA). This looks like classic "all of the torts" shotgun filing. Which makes sense for a civil case, but it's not much of a guide as to what criminal cases would be viable.But that is the guide book for criminal proceedings against individuals. The prosecutor dog piles on every single charge they can and then offers a scaled down plea bargain.
Sometimes putative damages can be awarded, which can look at the egregiousness of the actions of the plaintiff. I don't know if those are available here.