• Compliance,  Sentencing

    Mine Blast Plea: Dust, Documents and Deaths

    As the  article (via @Law360) points out, Ex-Massey Exec Gets 42 Months In Mine Blast Case this Massey mining manager pleaded to “pre-notifying” about MSHA inspections (and conspiracy pertaining thereto).  It’s interesting that, in his plea colloquy, he was was apparently careful and narrow, almost ascribing a business-culture source for the conduct: “I’m sorry for what I’ve done — pre-notifying about mine inspections,” Hughart said at his sentencing, according to the Associated Press. “I grew up that way. I accepted it as common practice. I know better now, and I apologize.” That kind of approach needs to be handled gingerly, though.  The larger case landscape is important for sentencing considerations…

  • Sentencing

    Edge Of The Cliff

    Don’t argue with your spouse on the edge of a cliff. If you do, your case (or that of your spouse) may end up like this couple: Newlywed wife charged with pushing husband off cliff in Glacier National Park. This case is a federal case because it occurred in a national park.  And, it’s homicide, not business crime.  But, as the article (via @WSJ) —   Accused Montana Newlywed Faces a Wide Range of Punishment   — and Sentencing Law and Policy (Professor Berman) point out, it’s interesting because it shows the potential discretion that federal judges have in sentencing. On the other hand, a substantial majority of the federal bench came of professional…