Donald L. Blankenship, one of the most powerful men in West Virginia and former chairman and CEO of Massey Energy, is presently on trial in federal court as a result of a fatal accident involving one of his company’s coal mines according to a recent New York Times article. Back in April of 2010, the death of Blankenship’s 29 employees brought to light the company’s purportedly less-than-stellar safety record. Indeed, the accident is known as America’s deadliest coal mining disaster in almost four decades. The case against him is the first of its kind to press criminal charges against a coal baron, which alleges willful violation of safety laws in pursuit of profits.
Secret Audio Files
Federal prosecutors are relying heavily on conversations Blankenship secretly recorded. Allegedly, on more than one occasion Blankenship complained about federal regulations and purportedly ignored warnings expressed through internal memos that the coal mines had poor ventilation and conducted business practices hazardous to employees’ health, among others. Autopsies of the miners killed revealed 71 percent suffered from black lung – the industry average according to a 2011 state inquiry is 3.2 percent.
If convicted, Blankenship faces the possibility of more than three decades of imprisonment. Felony counts charged against him include lying to securities regulators, misleading investors about safety practices, as well as conspiracy to violate mine safety standards and hide hazards from federal inspectors. Prosecutors also alleged Blankenship was well involved in the day-to-day operations of the mine and overruled managers who wanted to address safety issues. Four Massey Energy employees are presently serving prison time in connection with an investigation conducted immediately after the mine explosion occurred.
Under New York law, a wrongful death claim may arise when someone tragically dies due to the fault of another. The surviving spouse and children have the right under the law to file a suit and receive compensation as a result of the death. Other parties that may file a claim include life financial dependents such as well as distant family members.
Brooklyn Wrongful Death Attorney
No matter the cause, a wrongful death causes not only emotional pain because of the loss of a loved one, but also financial stress for those left behind. If you have lost a loved one due to another’s negligence, it is important that you contact a Brooklyn wrongful death attorney right away. Sometimes the evidence against a wrongful death defendant is not as clear cut as in the Blankenship case where obvious emails paint the picture of a ruthless (and careless) CEO. The compassionate and aggressive attorneys at the Law Offices of Jeffrey K. Kestenbaum provide skilled, effective representation to clients who have lost a loved one in a tragic accident. Call the Law Offices of Jeffrey K. Kestenbaum today at 718-237-5586 to schedule your free, initial, case evaluation.
