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Judge Grants Motion to Dismiss Charges Against Coal Executive Laurita, W. Va.

Published: February 20, 2018 |

James Lewis Laurita Jr.

James Lewis Laurita Jr.
[Click image to enlarge]

Hours after the Department of Justice filed to forgo further prosecution of a Morgantown coal boss on campaign finance charges, Senior U.S. District Judge Irene M. Keeley granted the request by dismissing the indictment against James Lewis Laurita Jr.

“We are aware of the motion to dismiss the indictment filed today by the United States. Mr. Laurita has maintained his innocence from the inception of this investigation, and appreciates the thoughts and prayers of the countless who have supported him and his family during the pendency of this matter,” said Laurita attorney John Carr.

A federal jury had deliberated about 12 hours over two days before Keeley declared a mistrial Feb. 2 after the jurors said they couldn’t reach a verdict and didn’t believe further work would change that. Laurita was represented at trial by Carr (first chair) and Mike Hissam (second chair).

Laurita, 58, had been indicted on one count of scheme to cause false statements to Federal Election Commission; two counts of causing contributions in the name of another; one count of causing excessive contributions; and three counts of causing false statements to the Federal Election Commission. Another charge previously was dismissed by the government prior to the trial.

U.S. Attorney Bill Powell released a statement on the reason the motion to dismiss was filed early Friday by Assistant U.S. Attorney Jarod Douglas.

“Notwithstanding our belief that the case was an important one to prosecute, after careful deliberations with the experienced trial team who tried the case, we believe that another trial, with the same evidence and identical legal standards would likely lead to another deadlocked jury, and we do not believe that a retrial would be a judicious use of government resources,” Powell said in the statement.

“We charged and tried the case based upon the evidence we had, and we will continue to pursue election-related offenses, but the jury in this case was not unanimously convinced that a guilty verdict was justified,” Powell said in the statement.

“We respect the jury’s work and the process,” Powell said in the statement.

FBI Special Agent Jim Lafferty, Douglas, as lead counsel for the government, and First Assistant U.S. Attorney Randolph Bernard had accused Laurita of perpetrating campaign finance fraud to try to gain access to members of Congress during what some were calling the “War on Coal.”

Laurita called together eight of his Mepco LLC executives and set up a scheme where they would receive bonuses, but were to contribute them as directed to campaign finance committees for candidates, the government had alleged. Between 2010 and 2013, about $500,000 was contributed to the campaigns of U.S. Sens. Joe Manchin, D-W.Va., and Shelley Moore Capito, R-W.Va., U.S. Rep. David McKinley, R.-W.Va., and Rick Snuffer, who was a candidate for Congress, according to statements by the government. Contributions also were encouraged by spouses of the executives, the government had alleged.

The scheme allowed Laurita to bypass the annual limit in those years of contributing roughly $5,000 to any single congressional candidate, and do it in a way that would fool the Federal Election Commission, the government had alleged.

Defense attorney Carr, a private practice lawyer from Charleston and former Air Force judge advocate general, and Hissam, a partner for Bailey Glasser LLP, also in Charleston, had said the government couldn’t prove a key element: Willful violation of the law.

If Laurita wanted access to Congress at that time by becoming politically active, it made sense because the stakes were high for his company and the industry, Carr opined. Laurita and his executives had been loath to enter the political arena until that time, Carr had asserted.

Also, the bonuses that were paid out were subject to withholding, Carr told jurors. He contrasted that with campaign finance fraud schemes that feature envelopes full of cash and handshake agreements.

Laurita “didn’t believe he was doing anything wrong, and he still doesn’t,” Carr had told the jury.

Source: The Exponent Telegram


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