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MORGANTOWN, W.Va. (AP) ? Federal prosecutors investigating the West Virginia mine explosion that killed 29 men widened their net Wednesday, filing criminal charges against a longtime Massey Energy executive who worked closely with former CEO Don Blankenship ? a move signaling where their sights may be ultimately set.
The cooperation of David Craig Hughart is a sign that authorities may be gathering evidence to target officials further up the Massey hierarchy. Some victims' families hold Blankenship personally responsible for the worst U.S. mining disaster in four decades, though prosecutors have declined to say who else could face charges in the wide-ranging and continuing probe.
Several former federal prosecutors say it wouldn't be easy to prosecute Blankenship, and it would require more than just damning testimony from witnesses who may have their own agendas.
Corporations like Massey, since bought out by Virginia-based Alpha Natural Resources, are typically are structured to shield their leaders from liability, the experts say. To reach the top, investigators would most likely need hard evidence to match witnesses' words.
Either that, says former U.S. Attorney Kendall Coffey of Miami, or they'll need multiple witnesses.
"If the star witness has a supporting cast," he said, "it can be a compelling basis for conviction."
Hughart, former president of a Massey subsidiary that controlled White Buck Coal Co., worked alongside Blankenship for at least 15 years and was named in a federal information filed Wednesday in U.S. District Court in Beckley. He is cooperating with prosecutors, and U.S. Attorney Booth Goodwin said Hughart is prepared to plead guilty to two conspiracy charges that carry the possibility of six years in prison.
Hughart's phone has been disconnected, and his attorney didn't immediately comment.
Although Upper Big Branch is never directly mentioned in the case against Hughart, Goodwin said the charges stem from the investigation of the April 2010 explosion. And the nature of the allegations parallels charges brought against those who were directly involved with UBB.
Prosecutors say Hughart worked with unnamed co-conspirators to ensure miners at White Buck and other, unidentified Massey-owned operations received advance warning about surprise federal inspections many times between 2000 and March 2010.
Those illegal warnings gave workers time to conceal life-threatening violations that could have led to citations, fines and costly shutdowns, authorities say.
Hughart faces two charges: felony conspiracy to defraud the government by impeding the Mine Safety and Health Administration, and misdemeanor conspiracy to violate mandatory health and safety standards.
Goodwin wouldn't say who else might be charged or when, but that his investigators are "trying to push forward as quickly as we can."
Hughart has been president of at least 10 Massey subsidiaries throughout his career, positions that would have required the consent of a CEO whose micromanagement is well documented.
At Upper Big Branch, for example, Blankenship demanded production reports every 30 minutes.
And last year, Blankenship acknowledged during a deposition for an unrelated lawsuit that his employees had sometimes found cans of Dad's root beer on their desks: Dad's, he told the attorney questioning him, stood for "Do as Don says."
Neither Blankenship, who retired about eight months after the UBB disaster, nor one of his attorneys responded to an email seeking comment.
Four investigations have concluded that Massey concealed problems at UBB through an elaborate scheme that included sanitized safety-inspection books and an advance-warning system.
Clay Mullins, who lost brother Rex in the explosion, doesn't believe it will be that hard to prove that Blankenship personally maintained a corporate culture that put no value on workers or safety.
"I think all Massey operations ran just the way UBB did," Mullins said. "They all had advance warning. They all tried to hide and cover up as much as they could. They tried to conceal and deceive and deny. That was Massey's mentality. That was how they handled things."
The United Mine Workers of America, which accused Massey of "industrial homicide," has demanded that Blankenship and 17 other Massey managers who refused to talk to investigators be compelled to testify publicly or cited for contempt. It says those responsible for the disaster must be brought to justice.
But David Weinstein, a former assistant U.S. attorney in Miami who now heads the white-collar litigation practice of a private law firm, said corroboration would be critical to prosecuting Blankenship.
"They are going to need documents," he said. "The real linchpin of their prosecution is being able to prove the CEO or some other officer or director actively participated in what was going on."
Absent direct proof, Weinstein said, prosecutors would have to demonstrate "willful blindness" to matters of safety.
After a 2006 fire that killed two men at a different Massey operation, a memo surfaced that could help prosecutors make that part of the case. In it, Blankenship told workers at the mine that if their bosses asked them to build roof supports or perform similar safety-related tasks, "ignore them and run coal."
"This memo is necessary only because we seem not to understand that the coal pays the bills," he wrote.
Massey settled that lawsuit for undisclosed terms, and its Aracoma Coal subsidiary paid $4.2 million in civil and criminal penalties.
Bruce Stanley, the Pittsburgh attorney who handled that lawsuit and others against Massey, said no managers could act without Blankenship's direction.
"I cannot imagine that anybody at Hughart's pay rank could engage in any of the activities that he's accused of without Don Blankenship's permission and blessing," Stanley said.
During the Aracoma investigation, memos made clear that Blankenship paid particular attention to mines that were falling short of budget projections, Stanley said. The day of the fire, he called Aracoma's then-president, wondering why a section crew wasn't working.
"Indeed he was super micromanaging all of these mines," Stanley said. "At the section level and on a daily basis."
Hughart is the third person to face serious criminal charges in connection with Upper Big Branch.
Former UBB superintendent Gary May is also cooperating with prosecutors. He pleaded guilty to a federal conspiracy charge for his actions at the mine and is set to be sentenced in January.
Former Massey security chief Hughie Elbert Stover, meanwhile, is appealing his conviction last fall on charges he lied to investigators and ordered a subordinate to destroy documents.
He was sentenced to three years behind bars ? one of the stiffest punishments ever handed down in a mine safety case ? but has been free pending appeal.? Witnesses testified that Stover instructed mine guards to send radio alerts whenever inspectors entered the property. He's denied any wrongdoing.
The explosion at Upper Big Branch was sparked by worn teeth on a cutting machine, and fueled by methane and coal dust. It was allowed to propagate by clogged and broken water sprayers. The force of the blast traveled miles of underground corridors, killing men instantly.
Goodwin's office negotiated a $210 million agreement with Alpha to settle past violations at UBB and other Massey mines, protecting the company from criminal prosecution.
But individuals remain on the hook.?
Jeffrey Sloman, a former U.S. attorney in Miami, said criminal prosecutions of big-company CEOs are "relatively rare, but it happens from time to time."
"You see it on Wall Street," he said, "with New York going after financial crimes cases pretty aggressively."
Gary Quarles, who lost his son Gary Wayne at Upper Big Branch, just wants Blankenship to face criminal charges and be held accountable.
"Everybody thinks he's above the law," he said. "I want at least something filed against him, to show him you can be had. It doesn't matter what he's charged with, just something. ... Even Martha Stewart went to jail. "
___
Associated Press writer Larry O'Dell contributed from Richmond, Va.
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Internet Advertising Networks Announces Commitment to ?Do-Not-Track? Technology to Allow Consumers to Control Online Tracking
WASHINGTON, DC ? The Obama Administration today unveiled a ?Consumer Privacy Bill of Rights? as part of a comprehensive blueprint to improve consumers? privacy protections and ensure that the Internet remains an engine for innovation and economic growth. The blueprint will guide efforts to give users more control over how their personal information is used on the Internet and to help businesses maintain consumer trust and grow in the rapidly changing digital environment. At the request of the White House, the Commerce Department will begin convening companies, privacy advocates and other stakeholders to develop and implement enforceable privacy policies based on the Consumer Privacy Bill of Rights.
In addition, advertising networks announced that leading Internet companies and online advertising networks are committing to act on Do Not Track technology in most major web browsers to make it easier for users to control online tracking. Companies that represent the delivery of nearly 90 percent of online behavioral advertisements, including Google, Yahoo!, Microsoft, and AOL have agreed to comply when consumers choose to control online tracking. Companies that make this commitment will be subject to FTC enforcement.
?American consumers can?t wait any longer for clear rules of the road that ensure their personal information is safe online,? said President Obama. ?As the Internet evolves, consumer trust is essential for the continued growth of the digital economy. That?s why an online privacy Bill of Rights is so important.? For businesses to succeed online, consumers must feel secure. By following this blueprint, companies, consumer advocates and policymakers can help protect consumers and ensure the Internet remains a platform for innovation and economic growth.?
The advertising industry also committed not to release consumers? browsing data to companies who might use it for purposes other than advertising, such as employers making hiring decisions or insurers determining coverage.
?It?s great to see that companies are stepping up to our challenge to protect privacy so consumers have greater choice and control over how they are tracked online. More needs to be done, but the work they have done so far is very encouraging,? said FTC Chairman Jon Leibowitz.
A Consumer Privacy Bill of Rights
The Consumer Privacy Bill of Rights is outlined in a report released today by the White House Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy.
?Every day, millions of Americans shop, sell, bank, learn, talk and work online.? At the turn of the century, online retail sales were around $20 billion in the United States, now they?re nearing $200 billion,? said Secretary Bryson.? ?The Internet has become an engine of innovation, business growth, and job creation, so we need a strong foundation of clear protections for consumers, and a set of basic principles to help businesses guide their privacy and policy decisions.? This privacy blueprint will do just that.?
The Consumer Privacy Bill of Rights provides a baseline of clear protections for consumers and greater certainty for businesses. The rights are:
Individual Control:? Consumers have a right to exercise control over what personal data organizations collect from them and how they use it.
The Consumer Privacy Bill of Rights is one of four key elements of the report, which also includes a stakeholder-driven process to specify how these rights apply in particular business contexts;? strong enforcement by the Federal Trade Commission (FTC);? and greater interoperability between the United States? privacy framework and those of our international partners.
In the coming weeks, the Commerce Department?s National Telecommunications and Information Administration will convene stakeholders ? including companies, privacy and consumer advocates, technical experts, international partners, and academics ? to establish specific practices or codes of conduct that implement the general principles in the Consumer Privacy Bill of Rights.
The Administration also will work with Congress to develop legislation based on these rights to promote trust in the digital economy and extend baseline privacy protections to commercial sectors that existing federal privacy laws do not cover.
Today?s report results from a comprehensive review of the intersection of privacy policy and innovation in the Internet economy. The Commerce Department?s Internet Policy Task Force launched the review in 2010, seeking public comment on an initial set of issues and later on a set of policy recommendations.
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The premium 4.3-inch Magellan RoadMate 1445T GPS navigator boasts free, live traffic alerts and the exclusive OneTouch favorites menu. The included Traffic Link service provides free lifetime traffic alerts. Preloaded premium maps and six million points of interest for the United States, Canada, and Puerto Rico make the Magellan RoadMate 1445T GPS product ideal for both business trips and vacations. Easy-to-use premium features give you confidence on the road and deliver an exceptional navigation experience.
Exclusive OneTouch Favorites Menu
Easily bookmark favorite destinations and searches with personalized bookmarks so you can find them anywhere you travel. Find your favorite caf? or restaurant in any city with a single touch. The Magellan RoadMate 1445T device definitely delivers ?Your favorites at your fingertips.?
Exclusive AAA TourBook Guide
No membership required? Invaluable to anyone who travels, the AAA TourBook guide information on all 50 states and Canada is built into your Magellan RoadMate 1445T and provides ratings and descriptions on AAA approved places to stay, play, dine, and save.
4.3-inch Touch Screen
The wide, ultraslim 4.3-inch color touch screen is perfect for everyday travel. Click to view full-size image.
6 Million Points of Interest (POI)
Easily find whatever service you need. Gas stations, restaurants, hotels, ATMs, and hundreds of other businesses are intuitively categorized and searchable from the built-in POI database.
Highway Lane Assist
Realistic highway signs point you in the right direction when approaching interchanges and exits, and ensure that you?ll choose the correct lane well before your next turn.
Highway Exit POI Search
Search for gas stations, restaurants, hotels, and more near upcoming highway exits.
QuickSpell with SmartCity Search
Enter destinations with only a few touches. QuickSpell with SmartCity search helps you quickly enter addresses and narrow location searches, making destination entry easy.
Multi-destination Routing
Plan a trip with multiple stops in the order you want or optimize it for the most efficient route. Easily reorganize, add, or remove destinations.
Spoken Street Names
Hear street names and directions for a clear understanding of when to make the next turn while you keep your eyes on the road.
Premium Maps
Travel the entire United States, Puerto Rico, and Canada with all the maps you need, pre-loaded on your device.
*Lifetime Maps entitles you to receive up to four (4) map data updates per year, for the life of the GPS receiver or until Magellan no longer receives relevant map data. Visit MagellanGPS.com for complete details.
What?s in the Box
Magellan RoadMate 1445T GPS Receiver; Pre-Loaded Maps of United States, Canada, and Puerto Rico; Windshield Mount; Adhesive Disc for Dash Mounting; Vehicle Power Adapter; USB Cable; User Handbook; User Manual on CD-ROM
Personalize OneTouch search icons with your favorite places Announces street names and directions at each turn Access AAA TourBook guide and Roadside Assistance menu The Traffic Link component (located within the AC Power unit) delivers free, real-time traffic alerts for life NOTE: The model number on the box is 1445T because the traffic receiver is included; however, the model number on the device and manual is 1440. The ?T? refers to the Traffic link program.
Product Dimensions: 4 x 6 x 5 inches ; 1 pounds
Shipping Weight: 2 pounds
ASIN: B002ST5C6S
Item model number: 1445T
Magellan RoadMate 1445T 4.3-Inch Widescreen GPS Navigator with Traffic Link Receiver
Magellan RoadMate 5045-LM 5-Inch Widescreen Portable GPS Navigator with Lifetime Maps and Traffic
The RoadMate 5045-LM is a 5-inch GPS navigator perfect for any size vehicle. The huge 5-inch screen is 35% larger than a standard 4.3-inch screen. No need to worry about finding your way, since you get lifetime map updates included with the RoadMate 5045-LM.
Get free lifetime map updates! The RoadMate 5045-LM includes free map updates for the life of the navigator. Never again worry about finding the restaurant in a new part of town or locating the new parking garage. You will always have the latest available maps.
Premium features include lifetime traffic alerts, highway lane assist, OneTouch favorites, highway exit POI, Built-in AAA TourBook and maps of the United States, Canada, and Puerto Rico.
Magellan has partnered with the most trusted name in travel?AAA. Only Magellan products include the exclusive, built-in AAA TourBook with Diamond ratings and descriptions on AAA-approved places to stay, play, dine, and save.
Personalize your travel experience with the OneTouch menu of your favorite places and searches. Bookmark your favorite coffee shop, restaurant, gas station, or bank to find the nearest location, anywhere you travel!
Perfect for any size vehicle, the Magellan RoadMate 5045-LM is a premium navigator packed with features!
Exclusive OneTouch Favorites Menu
Easily bookmark favorite destinations and searches with personalized bookmarks so you can find them anywhere you travel. Find your favorite caf? or restaurant in any city with a single touch.
Free Lifetime Map Updates
Receive up to four map updates per year, for the life of the GPS navigator. No extra cost! Lifetime Traffic Alerts
Real-time, subscription-free traffic updates sent directly to your GPS unit. Get updates whenever you need them.
Exclusive AAA TourBook Guide
No membership required? The Magellan-exclusive built-in AAA TourBook guide provides ratings and descriptions on AAA approved places to stay, play, dine, and save. Highway Lane Assist
Realistic highway signs point you in the right direction, when approaching interchanges and exits, to ensure that you?ll choose the correct lane.
Huge 5.0? Touch Screen
The huge 5.0-inch touch screen is ideal for any vehicle including SUVs and Trucks at 35% larger than a standard 4.3-inch product.
6 Million Points of Interest (POI)
Gas stations, restaurants, hotels, ATMs, and millions of other destinations are searchable from the huge POI database.
Highway Exit POI Search
Search for gas stations, restaurants, hotels, and more near upcoming highway exits.
QuickSpell with SmartCity Search
Enter destinations with only a few touches. QuickSpell with SmartCity search helps you quickly enter addresses and narrow location searches, making destination entry easy.
Multi-destination Routing
Plan a trip with multiple stops in the order you want or have the device optimize it for the most efficient route.
Spoken Street Name Guidance
Hear street names and directions for a clear understanding of when to make the next turn while you keep your eyes on the road.
Premium Maps
Travel the United States, Puerto Rico, and Canada with all the maps you need, pre-loaded on your device. Magellan RoadMate 5045 GPS Receiver; Pre-Loaded Maps of the United States, Canada, and Puerto Rico; Windshield Mount; Vehicle Power Adapter; USB Cable; User Manual
System Requirements: only compatible with Windows
GPS for larger vehicles including SUVs, RVs and trucks; features large five-inch touchscreen
Features include lifetime map updates, lifetime traffic alerts, highway lane assist, OneTouch favorites, highway exit POI and AAA TourBook
Pre-loaded maps of U.S., Canada and Puerto Rico with six million searchable points of interest
OneTouch favorites menu affords instant access to your personalized bookmarks of favorite places
Highway lane assist points you to the right exit with realistic highway signs
Magellan RoadMate 5045-LM 5-Inch Widescreen Portable GPS Navigator with Lifetime Maps and Traffic
This entry was posted on Wednesday, February 22nd, 2012 at 9:11 pm and is filed under Electronics Products. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
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But the jury didn?t buy the ?simple lacrosse player? defense. Huguely, they found, acted with malice. His apparent lack of compassion, says jury forewoman Serena Gruia, in her first interview after handing the verdict to Judge Hogshire last night, was a deciding factor in their decision. Gruia describes a methodical, but at times ?intense? atmosphere inside the deliberation room of the downtown courthouse. The jurors, most in their 30s and 40s, took the high-profile case ?with the utmost serious approach,? she says. In the end, it was Huguely himself, now 24, who convinced the jury of the willful cruelness in his heart. Viewing the videotape of his police interrogation, which was a central part of prosecutor Dave Chapman?s case, they found that ?pretty much every opportunity he had, he lied first,? Gruia says. ?He was covering his ass the whole time. He was not telling the truth on several occasions.?
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