Good Times Mining, Inc. (ALJ decision, December 22, 1992)

Plain-English summary

Good Times Mining and its principal entered criminal plea agreements concerning falsified dust samples submitted to MSHA. The Secretary agreed to seek dismissal of the related civil penalty proceedings. Judge James A. Broderick found that dismissal under these circumstances served the purposes of the Mine Act and dismissed all three proceedings.

Decision snapshot

• Cited standard(s): The order does not identify a specific Mine Act or regulatory provision.
• Outcome: The civil penalty proceedings under Master Docket No. 91-1, Docket No. VA 91-462, and Docket No. KENT 91-1051 were dismissed.
• Key point: The Judge dismissed the civil proceedings after the operator and its principal entered plea agreements concerning the falsification of dust samples.

Full text (FMSHRC public release)

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SECRETARY OF LABOR,
) CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH )
ADMINISTRATION (MSHA), ) Master Docket No. 91-1 Petitioner )
) Docket No. VA 91-462
v. ) A.C. No. 44-06333-03508D
)
GOOD TIMES MINING, INC., ) Mine No. 2 Respondent )
) Docket No. KENT 91-1051
) A.C. No. 15-16410-03514D
)
) Mine No. 3

ORDER OF DISMISSAL

Before: Judge Broderick

On December 8, 1992, the Secretary filed a motion to dismiss these proceedings on the grounds that on August 6, 1991, Respondent Good Times Mining, Inc., and Jay Wallace, principal of Respondent, entered into plea agreements, agreeing to plead guilty to charges of conspiracy to defraud an agency of 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 have been convicted of defrauding the Government, and have received prison sentences. Respondent provided Triangle with signed blank dust data cards which were submitted to MSHA with the samples.

On August 6, 1992, Judge James C. Turk of the Western District of Virginia, sentenced Good Times Mining, Inc. to pay a fine of $30,000 of which $15,000 was suspended and to 2 years probation. Jay Wallace was sentenced to pay a fine of $5,000 and to 2 years probation and 2 months home confinement. 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.

Accordingly, these proceedings are DISMISSED.

James A. Broderick
Administrative Law Judge

Distribution:

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

Ronald L. King, Esq., Robertson, Cecil, King & Pruitt, 237 Main Street, Drawer 1560, Grundy, Virginia 24614 (Certified Mail)

Hand Delivered to Lead Defense Counsel Committee

/fcca