Reply #2: Massey Corporation avoids criminal charges, but ...

[Staph]

Neither Alpha (the company that bought out Massey -- Staph) nor its Performance Coal subsidiary, which operated Upper Big Branch, are pleading guilty to any criminal charges.

Instead, the government is agreeing to not bring any potential charges against the companies in exchange for payment of the fines and victim restitution, and timely implementation of the safety improvements.

Key to the deal, though, is that - unlike a previous deal with Massey following the Aracoma Mine fire - the Justice Department is not agreeing to never bring charges against any individual executives, officers or employees of Massey or Performance. Goodwin said resolution of issues with Alpha allows prosecutors to focus their resources on potential cases against such individuals.

http://www.wvgazette.com/News/201112060055