Jamboree Coals, Incorporated (ALJ decision, December 1, 1992)

Plain-English summary

The Secretary moved to dismiss civil-penalty proceedings against Jamboree Coals after the company and its president entered plea agreements concerning a conspiracy to defraud the United States involving falsified respirable-dust samples. The company had provided signed blank dust data cards to Triangle Research, whose principal and agent admitted manipulating samples submitted to MSHA. Judge James A. Broderick dismissed the proceedings after finding that dismissal effectuated the purposes of the Mine Act.

Decision snapshot

• Cited standards: None identified in the order
• Outcome: The master docket and two related civil-penalty proceedings were dismissed.
• Key point: The ALJ dismissed the pending civil-penalty proceedings as part of the resolution described in the plea agreements.

Full text (FMSHRC public release)

Page 2

~1995

SECRETARY OF LABOR,
) CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH )
ADMINISTRATION (MSHA), ) Master Docket No. 91-1 Petitioner ) Docket No. KENT 91-1175
v. ) A.C. No. 15-14583-03545D
)
JAMBOREE COALS, INCORPORATED, ) No. 3 Mine Respondent )
) Docket No. KENT 91-1174
) A.C. No. 15-16784-03510D
)
) No. 4 Mine

ORDER OF DISMISSAL

Before: Judge Broderick

On November 27, 1992, the Secretary filed a motion to dismiss these proceedings on the grounds that on August 2, 1991, the Respondent and Jack Fannon, President of Respondent entered into plea agreements, agreeing to plead guilty to charges of conspiracy to defraud the United States in connection with the civil violations charged herein. Respondent contracted with Triangle Research to handle its dust sampling program. Triangle's principal and agent admitted falsifying the samples submitted to MSHA and admitted that on numerous occasions they blew air on the filter surfaces of manufactured dust samples. Harry White and Ronald Ellis of Triangle have been convicted of defrauding the government and have been sentenced to prison. Respondent provided Triangle with signed blank dust data cards which were submitted to MSHA with the samples.

On May 8, 1992, Judge Joseph M. Hood of the Eastern District of Kentucky sentenced Jamboree Coals to pay a fine of $5,000 and to 2 years probation. Jack Fannon was sentenced to 2 years probation and 3 months of home detention. As part of the plea agreement the Secretary agreed to move to dismiss pending civil penalty proceedings against Respondent for violations of the laws governing the dust sampling program.

I conclude that under the circumstances dismissal of these proceedings effectuates the purposes of the Mine Act.

Page 3

~1996

Accordingly, these proceedings is DISMISSED.

James A. Broderick
Administrative Law Judge

Distribution:

Douglas White, Esq., Mark R. Malecki, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Boulevard, Suite 400 Arlington, VA 22203 (Certified Mail)

John D. Austin, Jr., Esq., Austin & Movahedi, 2115 Wisconsin Avenue, N.W, Washington, DC 20007 (Certified Mail)

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