Civil and Criminal Prosecutions under the Mine Act Alexander Macia Mark E. Heath

U.S. v. Blankenship Criminal Action No. 5: 14-cr-0024 (S.D. W.Va.) Superseding Indictment Count I Conspiracy to commit an offense or defraud the U.S. in violation of 30 U.S.C. § 820(d) and 18 U.S.C. § 371 Count II False statement to SEC in violation of 18 U.S.C. § 1001(a)(2) and (3) Count III False statement to the public in violation of 15 U.S.C. § 78ff

Count I Conspiracy to commit an offense or defraud the U.S. in violation of 30 U.S.C. § 820(d) and 18 U.S.C. § 371 Commit willful violations of the Mine Act at UBB Defrauding government by hindering lawful inspections of UBB through advance notice and falsifying dust collection samples taken there

Counts II and III Relate to a sentence in a Massey shareholder statement and a subsequent press release that read as follows:

“We [Massey] do not condone any violations of MSHA regulations” and “we [Massey] strive to be in compliance with all regulations at all times.”