CLOSED

United States District Court
Southern District of West Virginia (Charleston)
CRIMINAL DOCKET FOR CASE #: 2:08-cr-00286 All Defendants


Case title: United States of America v. Aracoma Coal Company

Date Filed: 12/23/2008
Date Terminated: 05/11/2010

Assigned to: Judge John T. Copenhaver, Jr.

Defendant (1)
Aracoma Coal Company
TERMINATED: 05/11/2010
represented byMark E. Heath
SPILMAN THOMAS & BATTLE
P. O. Box 273
Charleston, WV 25321-0273
304/340-3800
Fax: 304/340-3801
Email: mheath@spilmanlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Robert D. Luskin
Patton Boggs, LLP
2550 M. Street, NW
Washington, DC 20037
202/457-6000
Fax: 202/457-6315
Email: rluskin@pattonboggs.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Neva G. Lusk
SPILMAN THOMAS & BATTLE
P. O. Box 273
Charleston, WV 25321-0273
304/340-3800
Fax: 304/340-3801
Email: nlusk@spilmanlaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
Failing to provide a primary escapeway from its number 2 working section which was clearly marked to show the route and direction of travel to the surface and which was separated from belt haulage entries for its entire length.
(1)
Three-year term of probation, to run concurrently.
Failure to train dispatcher.
(2)
Three-year term of probation, to run concurrently.
Failure to promptly withdraw miners.
(3)
Three-year term of probation, to run concurrently.
Failure to comply with the requirement that at least once every 90 days each miner on the number 2 working section participate in a practice escapeway drill.
(4)
Three-year term of probation, to run concurrently.
Failure to comply with the requirement that at least once every 6 weeks and for each shift at least two miners on the number 2 working section, accompanied by the section supervisor, participate in a escape drill.
(5-6)
Three-year term of probation, to run concurrently.
Failure to comply with the requirement that at least once every 90 days and for each shift at least two miners on the long wall section, accompanied by the section supervisor, participate in a escape drill.
(7)
Three-year term of probation, to run concurrently.
Failure to comply with the requirement that at least once every 6 weeks and for each shift at least two miners on the long wall section, accompanied by the section supervisor, participate in a escape drill.
(8-9)
Three-year term of probation, to run concurrently.
FALSE STATEMENTS AND REPRESENTATIONS.
(10)
Three-year term of probation, to run concurrently.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
United States of America represented byHunter P. Smith , Jr.
U. S. ATTORNEY'S OFFICE
P. O. Box 1713
Charleston, WV 25326-1713
304/345-2200
Fax: 347-5104
Email: hunter.smith@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Susan M. Robinson
UNITED STATES ATTORNEY'S OFFICE
P. O. Box 1713
Charleston, WV 25326-1713
304/345-2200
Fax: 304/347-5104
Email: susan.robinson3@usdoj.gov
ATTORNEY TO BE NOTICED

Gary L. Call
U. S. ATTORNEY'S OFFICE
P. O. Box 1713
Charleston, WV 25326-1713
304/345-2200
Fax: 304/347-5443
Email: Gary.Call@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
12/23/2008INFORMATION as to Aracoma Coal Company counts 1, 2, 3, 4, 5-6, 7, 8-9, 10. (tmr)
12/23/2008  CASE as to Aracoma Coal Company assigned to Judge John T. Copenhaver, Jr. (skh)
01/05/2009MOTION by United States of America to Schedule Guilty Plea Hearing as to Aracoma Coal Company (Smith, Hunter)
01/05/2009  ATTORNEY UPDATE in case as to Aracoma Coal Company. ATTORNEY Robert D. Luskin for Aracoma Coal Company added. (jkk) (Entered: 01/06/2009)
01/06/2009ORDER granting government's 2 MOTION to Schedule Guilty Plea Hearing as to Aracoma Coal Company; Guilty Plea Hearing set for 1/14/2009 01:30 PM before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 1/6/2009. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
01/09/2009STATEMENT OF VISITING ATTORNEY from Robert D. Luskin as to Aracoma Coal Company. Designation of Local counsel: Mark E. Heath. (mkw)
01/09/2009PRO HAC VICE FEE in the sum of $50.00 received from Robert D. Luskin as to Aracoma Coal Company. Receipt Number 23281. (cc: Administrative Services) (mkw)
01/12/2009ORDER as to Aracoma Coal Company; Guilty Plea Hearing set for 1/14/2009 02:00 PM before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 1/12/2009. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
01/13/2009MOTION by United States of America to Deposit Funds into the Court Registry as to Aracoma Coal Company. (Attachments: # 1 Proposed Order)(Smith, Hunter)
01/14/2009NOTICE OF ATTORNEY APPEARANCE by Susan M. Robinson APPEARING FOR USA. (Robinson, Susan)
01/14/2009SPECIAL ASSESSMENT PAYMENT as to Aracoma Coal Company. Receipt No: 23295; Amount: $1525. (cc: USA, Administrative Services, WVSP) (tmr)
01/14/200910 PAYMENT in Registry as to Aracoma Coal Company. Receipt No: 23297; Amount: $2,500,000. (cc: USA, Administrative Services, WVSP) (tmr)
01/14/200911 PLEA HEARING as to Aracoma Coal Company held by Judge John T. Copenhaver, Jr. on 1/14/2009; Court Reporter: Barbara Steinke. (rap)
01/14/200912 ORDER granting United States' 7 MOTION to Deposit Funds into the Court Registry as to Aracoma Coal Company and directs that the Clerk of this Court take receipt of the funds tendered by defendant Aracoma Coal Company and to deposit the funds into the Court Registry, bearing interest, until further order of this court. Signed by Judge John T. Copenhaver, Jr. on 1/14/2008. (cc: Judge, USA, USP, USM, counsel, deft) (mkw)
01/14/200913 WRITTEN PLEA OF GUILTY by Defendant Aracoma Coal Company. (tmr)
01/14/200914 PLEA AGREEMENT as to Aracoma Coal Company. (cc: U.S. Probation Office). (tmr)
01/14/200915 CONSENT OF DIRECTORS IN LIEU OF SPECIAL MEETING as to Aracoma Coal Company. (tmr)
01/15/2009  PROBATION OFFICER ASSIGNMENT FOR PRESENTENCE REPORT as to Aracoma Coal Company: Lee Cueva (sbk)
01/26/200916 ORDER as to Aracoma Coal Company. Upon hearing held 1/14/09. Letter-form plea agreement and written plea of guilty executed. Presentence Investigation Report Deadline 4/1/2009. Sentencing set for 4/15/2009 01:30 PM before Judge John T. Copenhaver, Jr. Signed by Judge John T. Copenhaver, Jr. on 1/26/2009. (cc: Judge, USA, USP, USM, counsel, deft) (tmr)
01/26/200918 TRANSCRIPT OF PROCEEDINGS of Plea Hearing as to Aracoma Coal Company held on January 14, 2009 before Judge John T. Copenhaver, Jr. Court Reporter Barbara Steinke, Telephone number 304-347-3151. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 2/4/2009. Redaction Request due 2/17/2009. Redacted Transcript Deadline set for 2/26/2009. Release of Transcript Restriction set for 4/27/2009. (bas)
02/02/200919 ORDER as to Aracoma Coal Company; granting government's motion to disclose specified grand jury materials to counsel for defendant and the Court's probation department; directing that the motion be sealed. Signed by Judge John T. Copenhaver, Jr. on 2/2/2009. (cc: Judge, USA, counsel) (tmr)
04/08/200920 SENTENCING MEMORANDUM as to Aracoma Coal Company (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24) (Lusk, Neva) Modified description of attachments on 4/9/2009 (jkk).
04/15/200921 SENTENCING as to Aracoma Coal Company held by Judge John T. Copenhaver, Jr. on 4/15/2009; Court Reporter: Barbara Steinke. (rap)
04/20/2009  PROBATION OFFICER ASSIGNMENT FOR SUPERVISION as to Aracoma Coal Company: John Edgar (clb)
05/26/200922 REGISTRY PAYMENT as to Aracoma Coal Company. Receipt No: 23903; Amount: $2,500,623.25. (cc: USA, Administrative Services, WVSP) (mkw)
12/03/200923 TRANSCRIPT OF PROCEEDINGS of Sentencing Hearing as to Aracoma Coal Company held on April 15, 2009 before Judge John T. Copenhaver, Jr. Court Reporter Barbara Steinke, Telephone number 304-347-3151. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 12/14/2009. Redaction Request due 12/24/2009. Redacted Transcript Deadline set for 1/4/2010. Release of Transcript Restriction set for 3/3/2010. (bas)
12/10/200924 REGISTRY PAYMENT as to Aracoma Coal Company. Receipt No: 24820; Amount: 0.68. (cc: USA, Administrative Services, WVSP) (mkw)
05/11/201025 JUDGMENT as to Aracoma Coal Company, Counts 1, 2, 3, 4, 5-6, 7, 8-9, 10; Three-year term of probation imposed as to each of Counts One through Ten, to run concurrently, for a total probation term of three years; $1,525 special assessment, $2,500,000.00 fine. Signed by Judge John T. Copenhaver, Jr. on 5/11/2010. (cc: Judge, USA, USP, USM, counsel, deft) (mkw)
05/11/201026 SEALED/SOR as to Aracoma Coal Company signed by Judge John T. Copenhaver, Jr. (mkw)
05/14/201027 LETTER by USA as to Aracoma Coal Company indicating that the defendant has paid in full all criminal monetary impositions in this criminal action. cc: Court Services. (Call, Gary)
05/27/201028 PRESENTENCE REPORT (SEALED DOCUMENT) as to Aracoma Coal Company (sbk)