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Judi Lynn

(160,545 posts)
Wed Mar 30, 2016, 05:44 AM Mar 2016

US Seeks Maximum—If Paltry—Sentence for 'Cold-Blooded' Coal CEO

Source: Common Dreams

Published on Tuesday, March 29, 2016

by Common Dreams

US Seeks Maximum—If Paltry—Sentence for 'Cold-Blooded' Coal CEO

Scathing court filing 'is like no other sentencing memo in the history of corporate crime'

by Deirdre Fulton, staff writer

Saying coal baron Donald L. Blankenship made a "cold-blooded decision to gamble with the lives of the men and women who worked for him," the U.S. government on Monday requested the maximum sentence of one year in prison for the man once described as the "poster boy for malevolent big business."

Blankenship, former Massey Energy CEO, was found guilty of a misdemeanor conspiracy to violate mine safety laws in December. An explosion at Massey's Upper Big Branch (UBB) Mine in southern West Virginia killed 29 men in 2010.

"What punishment can suffice for wrongdoing so monstrous?" Assistant U.S. Attorney Steve Ruby wrote in an 11-page court filing (pdf) Monday evening.

The sentencing brief skewered impunity for white-collar criminals, as it continued:


The United States knows of no other case in which a major company's CEO has been convicted of a crime against worker-protection laws, so direct reference points are difficult to come by. But compare this crime to others seen more regularly. Which is worse: a poor, uneducated young man who sells drugs because he sees no other opportunity, or a multimillionaire executive, at the pinnacle of his power, who decides to subject his workers to a daily game of Russian roulette? Which is worse: that young man carrying a gun during a single drug deal—a crime that will earn him a five-year mandatory minimum prison sentence—or a CEO jeopardizing the lives of hundreds, day after day? Which is worse: stealing money or trampling on laws that protect human life? In each case, to ask the question is to answer it. Under any fair assessment, only a sentence of many years in prison could truly reflect the seriousness of Defendant’s crime and provide just punishment, which the law requires the court to do.


Read more: http://www.commondreams.org/news/2016/03/29/us-seeks-maximum-if-paltry-sentence-cold-blooded-coal-ceo
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Ilsa

(61,695 posts)
1. I can only hope that the one year he gets
Wed Mar 30, 2016, 06:41 AM
Mar 2016

Will be as painful and frightening and damaging to him as possible. Cold hearted bastard.

Stonepounder

(4,033 posts)
9. How about sentencing him to 1 year, then suspend 1 day of the sentence.
Wed Mar 30, 2016, 10:34 AM
Mar 2016

By suspending any part of the sentence the judge could then impose a probationary period. Give him 'supervised probation' where he would regularly have to go down and meet, in person, with his probation officer. The judge could also impose terms of his probation that, if not met, could cause him to be 'violated' at any time and sent back to prison. Perhaps make it a condition of his probation that he do 'community service' - like wear an orange jump suit and pick up trash along the highway. I'm sure the judge could think of something.

ohnoyoudidnt

(1,858 posts)
14. Violating his probation would only require him to finish his sentence. 1 day.
Wed Mar 30, 2016, 06:33 PM
Mar 2016

He would probably violate it and serve the day just to be done with it. He did get off extremely light for what he has done. Our criminal justice system has some very serious problems.

NCjack

(10,279 posts)
11. Bobby is a retired USN admiral. He was an independent of the Upper Branch Coal Mine Company's
Wed Mar 30, 2016, 12:46 PM
Mar 2016

board of directors. Bobby and Don were a scratch-my-back etc. When Don needed a raise, Bobby showed him how to squeeze it out of the safety program. Of course, Bobby got a raise also. If another board member was becoming weak in screwing the miners, Bobbie ratted him out to Donnie, and the two of him engineered a solution. Bobbie was also political, having developed contacts with congress during his navy days. When problems with mine safety arose, he is the one that went to the Dept of Labor and smooth them over. During the "W" years, Bobbie worked with Sec. of Labor Elaine Chao, who is the wife of Sen. Mitch McConnell. She tossed out the safety inspections and selected investigators of accidents to cover up for Blankenship and his mine.

Victor_c3

(3,557 posts)
4. Obviously the lawmakers didn't think much of the workers it was supposed to protect
Wed Mar 30, 2016, 07:54 AM
Mar 2016

The workers should be grateful to have a job - even it will kill them! Everybody can be rich in America - only if the work hard enough and apply themselves. These people obviously we're lazy underachievers if they were working as (disposable) coal miners. Why didn't they just get a job being a rich stock investor or a doctor instead?

(I hope I don't need to indicate my sarcasm here)

Dustlawyer

(10,495 posts)
5. What a joke! BP put it in writing that they were picking a lower budget and not fixing
Wed Mar 30, 2016, 08:56 AM
Mar 2016

the worst, most dangerous known problems in the refinery in Texas City, Texas. They estimated they would only kill one or two workers. They had two other budget proposals that spent more to repair and not kill anyone, but their profits were higher under the one where they would kill workers. This in a plant that was already taking in a billion in PROFITS every year.

On March 23rd, 2005 the plant blew up killing 15 people and injuring thousands. BP paid a fine for the release of some benzine, no indictments of anyone! They did it again on the Deepwater Horizon, cutting corners to get the oil faster, again no one indicted for the deaths of 11 more.

We have a class of people above the law in this country, and you and I ain't in it!

meow2u3

(24,764 posts)
7. The Feds should have charged Blankenship with 29 counts of involuntary manslaughter
Wed Mar 30, 2016, 08:59 AM
Mar 2016

instead of a mere conspiracy to violate mine safety laws, a freakin' misdemeanor!

Treating white-collar criminals like street criminals is a better deterrent to crime than the status quo. 20 counts of involuntary manslaughter, with their greater penalties, would have taught this thug a lesson better than a mere year in jail.

DebbieCDC

(2,543 posts)
12. I would argue voluntary manslaughter might have been appropriate
Wed Mar 30, 2016, 01:21 PM
Mar 2016

or even depraved indifference homicide.

I don't know WVA criminal law, but he was responsible - directly or indirectly - for those deaths.

sorechasm

(631 posts)
13. The judge's socially-conscious ruling sounds a lot like one of our Presidential candidates
Wed Mar 30, 2016, 06:19 PM
Mar 2016
Which is worse: that young man carrying a gun during a single drug deal—a crime that will earn him a five-year mandatory minimum prison sentence—or a CEO jeopardizing the lives of hundreds, day after day? Which is worse: stealing money or trampling on laws that protect human life? In each case, to ask the question is to answer it.


Sounds a lot like a certain stump speech that compares Wall Street bankster petty fines for ruining the economic lives of millions to 5 year misdemeanors for possession.

Tell me Bernie Sanders is not influencing the public discourse.
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