United States Attorney for the Southern District of West Virginia Booth Goodwin confirmed November 13 that Blankenship has been charged with four criminal offenses including conspiracy to violate mandatory federal mine safety and health standards, conspiracy to impede federal mine safety officials, making false statements to the United States Securities and Exchange Commission (SEC), and securities fraud.
The 43-page indictment, which resulted from the November 12 grand jury session and filed in Charleston the following day, alleged that the CEO conspired to commit and cause routine, willful violations of mandatory federal mine safety and health standards at Massey Energy’s UBB operation in Raleigh County from about January 1, 2008, through about April 9, 2010.
During that same timeframe, it also alleged Blankenship was part of a conspiracy to impede and hinder federal mine safety officials from carrying out their duties at UBB by providing advance warning of federal mine safety inspection activities, allowing the company’s underground operations to conceal safety violations they routinely committed.
Third, the indictment claimed that, after the UBB explosion on April 5, 2010, that killed 29 miners, Blankenship made and caused to be made false statements and representations to the SEC concerning the miner’s safety practices up until the day of the blast.
Finally, the indictment alleged that, after the explosion, Blankenship made and caused to be made materially false statements and representations, as well as materially misleading omissions, in connection with the purchase and sale of Massey Energy stock.
Combined, the four counts carry a penalty of 31 years in prison.
Goodwin’s office made no further comment about the indictment, but the United Mine Workers of America, a longtime adversary of Blankenship and especially vocal on its position following the UBB blast, quickly commented on the announcement.
“The carnage that was a recurring nightmare at Massey mines during Blankenship’s tenure at the head of that company was unmatched,” President Cecil Roberts said. “No other company had even half as many fatalities during that time. No other company compared with Massey’s record of health and safety violations during that time.”
The FBI and the United States Department of Labor’s Office of Inspector General are in charge of the investigation Goodwin, counsel to the U.S. Attorney Steven Ruby, and Assistant U.S. Attorney Gabriele Wohl are handling the prosecution.
A copy of Blankenship’s indictment can be found here.
