Criminal Law and FCPA Reading Quiz

Why were investigators suspicious that Massey Energy had altered mine safety documentation?

Investigators were suspicious due to the discovery of multiple sets of records.

What was the offense that led an unnamed employee of Massey Energy to serve 10 months in prison?

An unnamed employee served 10 months in prison for lying to safety officials, which is considered obstruction of justice.

What is mens rea?

The legal term for the state of mind or intent required to be found liable for a crime.

Who could be held criminally liable when a corporation commits a crime?

When a corporation commits a crime, criminal liability can extend to the corporation, employees, and its officers.

How many miners died in the explosion at Massey Energy's Upper Branch mine?

Twenty-nine miners died in the explosion at Massey Energy's Upper Branch mine.

What did Massey Energy's managers order employees to do that violated federal mining regulations?

Massey Energy's managers ordered employees to violate airflow and coal-dust standards, endangering their safety.

What has the U.S. Sentencing Commission developed?

The U.S. Sentencing Commission has developed guidelines for sentences and factors that can limit liability.

Are employees legally required to testify during investigations?

Employees are not required by law to testify during investigations, although refusal may risk their job.

What defense did Mr. Stover plead when charged with destroying Massey Energy's mine records?

Mr. Stover claimed he did not have the required mens rea when charged with destroying mine records.

Why did so many of Massey's managers routinely violate mine safety laws?

Managers believed following safety laws would decrease coal production.