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MSHA News Release No. 95-019
Mine Safety and Health Administration
Contact: (703) 235-1452

May 26, 1995

U.S. MINE INSPECTOR CHARGED WITH ACCEPTING GRATUITY

HUNTINGTON, W.Va.--A coal mine inspector with the U.S. Labor Department's Mine Safety and Health Administration (MSHA) has been charged in Federal court here with accepting a gratuity, assistant secretary of labor for mine safety and health J. Davitt McAteer announced.

Charged was Thomas Bryan Marcum, who resigned earlier this month from his job with the Federal agency's office in Logan, W.Va.

"Our job is to protect the health and safety of miners," McAteer said. "Corruption cannot and will not be tolerated. Any situation that appears to compromise the integrity of the federal service must be vigorously and impartially investigated, and appropriate action taken.

"I would emphasize that the overwhelming majority of MSHA's employees are committed professionals who carry out the mission of protecting miners' lives and health with dedication and integrity," McAteer said.

U.S. Attorney for the Southern District of West Virginia Rebecca Betts, in a criminal information filed May 23, charged that Marcum, "being a public official...did knowingly receive a thing of value personally for and because of official acts to be performed by him." Further details of the alleged crime were not released by the U.S. Attorney's office.

If convicted, Marcum faces a maximum penalty of 2 years in prison, a $250,000 fine, and 1 year supervised release.

The charge against Marcum resulted from an investigation conducted by the Inspector General's office of the U.S. Labor Department, McAteer said.

The filing of a criminal charge against a person is an accusation only and that person is presumed innocent unless and until that person is convicted or pleads guilty to the charge.