Kendall Coffey Compares Prosecutions of Financial Fraud and Fatal Safety Cases

In a report with the Associated Press, Former U.S. Attorney Kendall Coffey compares the prosecutions of financial fraud and fatal safety cases in the 2010 West Virginia mine explosion. 

Don Blankenship, the chief executive at the time of the explosion was implicated by a former longtime subordinate and Former White Buck Coal Co. president, David Hughart. Hughart admitted in federal court that it was a widespread corporate practice of warning coal miners about surprise federal inspections.  The warnings allegedly allowed miners and managers to conceal potentially deadly conditions that could have lead to a shutdown in production. The miners at his company and other Massey mines got advance warning about inspections between 2000 and 2010.

Outside the courtroom, Hughart’s wife confirmed her husband had been threatened several times in his career. “Anyone that did not comply was threatened. We lived under fear.”

Mr. Hughart pleaded guilty and faces up to six years in prison and a $350,000 fine when sentenced June 25. Hughart is the highest-ranking Massey employee involved in a criminal case since the investigation began. 

The CEO, Mr. Blankenship retired about eight months after the mining disaster and several victims’ relatives have demanded he be prosecuted.  He’s being accused of putting profits before people throughout his career as a union-busting operator.

When President Hughart was charged last fall, several former federal prosecutors told the AP it wouldn’t be easy to prosecute Blankenship.  Former U.S. attorney in Miami, Kendall Coffey said prosecutions of financial fraud have been more successful, but in fatal safety cases it’s difficult to prove a crime as committed.

"It's historically been difficult to move to the top of the pyramid. Typically a chairman or CEO has multiple layers and relatively few fingerprints on the operational issues that directly cause a tragedy," Coffey said.

Experts say investigators would most likely need documents or other hard evidence to match the witnesses’ testimony or they’ll need multiple witnesses.