All but one of the charges he faces, a pattern of violation that the UMWA dubbed "industrial homicide," carry light sentences, adding up to a maximum of six years in prison. What threatens to put the 65-year-old away for decades are two allegedly false statements Massey submitted in a filing with the Securities and Exchange Commission: "We do not condone any violation of MSHA regulations," and "we strive to be in compliance with all regulations at all times," Blankenship informed investors, even as his company was allegedly outflanking the regulatory system. It's the mining equivalent of busting Al Capone for tax evasion.

"I have all the respect in hell that at least somebody was able to say, 'Wait a minute, that isn't right,'" says Bruce Stanley, who represented Caperton in his suit against Massey. "But he's up for what, a possible 30-year sentence? Well, there's only one count that puts that kind of mileage on it. That's the one that says he lied to Wall Street. When it comes to human lives, he gets maybe a year."