Post by Logan on Apr 5, 2016 21:43:09 GMT -6
Judge rejects Alpha restitution from Blankenship
A federal judge on Monday rejected a request from Alpha Natural Resources that former Massey Energy CEO Don Blankenship be forced to pay Alpha nearly $28 million in criminal restitution as part of Blankenship’s sentence for conspiring to violate mandatory mine safety and health standards.
U.S. District Judge Irene C. Berger ruled that Alpha was not a “victim” of Blankenship’s crime for purposes of federal victim rights’ or restitution laws.
The ruling, two days before Blankenship is scheduled to be sentenced, was a significant victory for him, and could assure that the financial hit for Blankenship from his criminal conviction will be no more than $250,000 — the maximum fine Berger is permitted to order him to pay.
Alpha had sought the restitution to recoup its expenses in cooperating with federal investigators by, among other things, paying for defense lawyers for one-time Massey officials who helped government agents or testified against Blankenship.
See more at: www.wvgazettemail.com/blankenship-trial/20160404/judge-rejects-alpha-restitution-from-blankenship
Judge rejects remaining Blankenship restitution requests
On the eve of Don Blankenship’s sentencing hearing, a federal judge on Tuesday rejected nearly 100 requests for criminal restitution payments from the former Massey Energy CEO.
U.S. District Judge Irene C. Berger ruled that under federal criminal restitution laws those seeking restitution — mostly former Massey miners or family members — were not for “victims” of Blankenship’s crime, at least in part because he was not charged with or convicted of causing the April 2010 explosion that killed 29 miners at the company’s Upper Big Branch Mine.
“The court recognizes that many of these individuals have suffered actual financial loss and other loss for which there could be no adequate award of restitution,” Berger wrote in a four-page order.
But, the judge said, none of the claims satisfy the “direct and proximate” causation requirement set force in federal restitution laws.
See more at: www.wvgazettemail.com/news/20160405/judge-rejects-remaining-blankenship-restitution-requests
A federal judge on Monday rejected a request from Alpha Natural Resources that former Massey Energy CEO Don Blankenship be forced to pay Alpha nearly $28 million in criminal restitution as part of Blankenship’s sentence for conspiring to violate mandatory mine safety and health standards.
U.S. District Judge Irene C. Berger ruled that Alpha was not a “victim” of Blankenship’s crime for purposes of federal victim rights’ or restitution laws.
The ruling, two days before Blankenship is scheduled to be sentenced, was a significant victory for him, and could assure that the financial hit for Blankenship from his criminal conviction will be no more than $250,000 — the maximum fine Berger is permitted to order him to pay.
Alpha had sought the restitution to recoup its expenses in cooperating with federal investigators by, among other things, paying for defense lawyers for one-time Massey officials who helped government agents or testified against Blankenship.
See more at: www.wvgazettemail.com/blankenship-trial/20160404/judge-rejects-alpha-restitution-from-blankenship
Judge rejects remaining Blankenship restitution requests
On the eve of Don Blankenship’s sentencing hearing, a federal judge on Tuesday rejected nearly 100 requests for criminal restitution payments from the former Massey Energy CEO.
U.S. District Judge Irene C. Berger ruled that under federal criminal restitution laws those seeking restitution — mostly former Massey miners or family members — were not for “victims” of Blankenship’s crime, at least in part because he was not charged with or convicted of causing the April 2010 explosion that killed 29 miners at the company’s Upper Big Branch Mine.
“The court recognizes that many of these individuals have suffered actual financial loss and other loss for which there could be no adequate award of restitution,” Berger wrote in a four-page order.
But, the judge said, none of the claims satisfy the “direct and proximate” causation requirement set force in federal restitution laws.
See more at: www.wvgazettemail.com/news/20160405/judge-rejects-remaining-blankenship-restitution-requests