| By Clem Guttata
There was quite a bit of discussion last week about the NPR report on the Massey Energy FBI probe stemming from the Upper Big Branch mining incident. There was no question (or controversy) as to there being an FBI investigation, the question is whether or not it extended to possible bribery of federal regulators.
Bloomberg published this original reporting by Chris Stratton and Margaret Cronin Fisk yesterday that goes one step further than the earlier NPR story (emphasis mine):
Massey Energy Co., dealing with the death of 29 miners at one of its West Virginia coal mines, is being investigated by the FBI for possible bribery of state and federal inspectors, a person familiar with the probe said.
An April 5 explosion at the Richmond, Virginia-based company's Upper Big Branch Mine resulted in the deaths and sparked the investigation by the bureau, a second person familiar with the matter said April 30, asking not to be identified because the matter is confidential.
At least two dozen Massey employees, federal and state officials and mine union members have been interviewed by agents of the Federal Bureau of Investigation, the first person familiar with the investigation said.
The mine and its operators could be held criminally responsible for the explosion if there were any "overt acts," such as falsification of inspection documents or evidence of tampering with monitors and recording devices, said Bruce Stanley, a Pittsburgh attorney who represents the widows of two miners killed in an earlier incident.
"It's too early to provide any comment at this point," Massey spokesman Roger Hendriksen said in a phone interview today.
Should the FBI interview turn up evidence of criminal conduct, the matter would be referred to the U.S. Attorney in the Southern District of West Virginia, the first person said.
With an increasing number of government agencies being implicated in this mining incident, there's even more good reason for the investigation to occur out in the open. As Ken Ward, Jr. recently posted on Facebook:
Still no word from MSHA on making Massey mine disaster investigation public. Call 202-693-9400 to demand transparency.
In past investigations of disasters and even single mining deaths, MSHA allowed coal company lawyers to sit in on interviews with miners, mine managers and government inspectors. So the company knew what was being asked and answered - some believe the company lawyers intimidate witnesses by their very presence. Other times, government ... See Moreinvestigators conveniently skipped questions that probed their own failures of enforcement.
Congress gave MSHA authority to conduct investigations as public hearings, but the agency seldom does so.
Two UBB widows have asked for a public hearing, as has the UMWA and a collection of news organizations, including the Gazette.
A public hearing also gives MSHA subpoena power, something it doesn't otherwise have, to compel people to answer questions.
Wrongful death suits will give families power to get some answers through discovery. But a public hearing is the only way the public will ever find out what really happened.
Read this Coal Tattoo post for more. |
