Former Coal Company CEO Convicted on One Count, Not Guilty on Two

Monday, December 7, 2015 | 0

A former West Virginia coal company owner has been convicted of conspiring to violate safety and health standards at a mine where 29 miners died in a 2010 explosion.

But Don Blankenship, the former chief executive of Massey Energy Co., was found not guilty on two more serious charges that would have brought a lengthy jail sentence: securities fraud and making false statements. The charge he was convicted of is a misdemeanor.

Blankenship faces a maximum of one year in federal prison, compared to the potential 30-year sentence if convicted of all charges, the West Virginia Gazette Mail reported. The conviction comes more than five years after the April 2010 explosion at the Upper Big Branch mine.

“The jury’s verdict sends a clear and powerful message,” U.S. Attorney Booth Goodwin said. “It doesn’t matter how rich you are, or how powerful you are — if you gamble with the safety of the people who work for you, you will be held accountable.”.

“We’re pleased that the jury found Mr. Blankenship not guilty on all the felonies in this indictment,” his attorney Bill Taylor said.

Evidence was heard that Massey had far more serious safety and health violations than other mines operated by the major coal producers.

Blankenship, prosecutors said, refused to hire additional miners to do things like spread adequate amounts of crushed limestone, or “rock dust,” to dilute explosive coal dust generated by mining.

It also emerged that, whenever possible, Massey contracted out the operation of its properties, shielding itself from the requirement to pay pensions or workers' compensation.