Blankenship has been charged with four counts including wilfully causing violations of ventilation requirements and coal-dust control that could have prevented the fatal blast – considered to be one of the worst in a generation.
The indictment also claims Blankenship personally led a conspiracy that sought to cover up mine safety violations and interfere with federal enforcement activity by providing advance warning of government safety and compliance inspections.
“Following a major, fatal explosion at UBB on April 5, 2010, Blankenship made, and caused to be made, materially false and misleading statements and representations, and omitted and caused to be omitted statements of material facts, regarding his and Massey’s practice of wilful violations of safety laws at that mine,” the document reads.
“These included materially false statements and representations made to the United States Securities and Exchange Commission and materially false statements and representations, and materially misleading omissions, made in connection with the purchase and sale of Massey stock.”
The charges – made up of three felonies and one misdemeanour – could see Blankenship go to jail for 31 years if upheld.
The document states Blankenship knew that UBB was committing hundreds of safety-law violations every year and that he had the ability to prevent most of those violations.
“Yet he fostered and participated in an understanding that perpetuated UBB’s practice of routine safety violations, in order to produce more coal, avoid the costs of following safety laws, and make more money,” the indictment states.
Blankenship’s lawyer William W. Taylor III said in a statement: “Mr Blankenship is entirely innocent of these charges. He will fight them and he will be acquitted.