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  Legal Business

A federal appeals court on Wednesday ordered new sentences for two former National Century executives convicted in a $1.9 billion corporate fraud case once likened to the Enron scandal, saying the government had proved some but not all of its case.

A three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati overturned Donald Ayers' conviction of conspiracy to commit money laundering, and Roger Faulkenberry's conviction of money laundering and conspiracy to commit money laundering, saying the government didn't provide enough proof.

Remaining in place are Ayers' convictions of conspiracy to defraud the U.S. and securities fraud, and Faulkenberry's convictions of conspiracy to defraud the U.S., securities fraud and wire fraud.

Ayers, 74, is serving 15 years in Coleman federal prison in Florida after his 2008 conviction with Faulkenberry and four other top executives from National Century Financial Enterprises, a Columbus health care financing company. Federal prosecutors compared the case to Enron.

Faulkenberry, 49, is serving 10 years in Gilmer federal prison in West Virginia after his 2008 conviction.




A western Pennsylvania lawmaker and one of her sisters will stand trial on charges they used the state senator's taxpayer-funded staff for campaign work for herself and another sister, a state Supreme Court justice, a judge ruled Wednesday.

State Sen. Jane Orie and her sister, Janine, were charged in April with using Jane Orie's legislative staff to conduct campaign business. Janine Orie was an aide to their sister Joan Orie Melvin while she was on the Superior Court and during the judge's two previous runs for the Supreme Court. Janine Orie is on paid suspension from that job.

After three days of testimony from former staffers, Allegheny County Judge Donna Jo McDaniel heard brief closing arguments and immediately ruled that the sisters were to stand trial on all charges.

Attorneys for both women said they were not surprised at the judge's decision but said they were confident of their chances at trial.

Jane Orie's attorney, William Costopoulous, called the evidence put forth by prosecutors as "trivial." He acknowledged staff members performed campaign work, but said they did so at their own volition or on compensatory time.




Massey Energy has settled a lawsuit filed by the family of a contract worker killed at one of the company's West Virginia coal mines.

Boone County Circuit Court records show Massey paid the family of Steven Cain $2.1 million. Cain died in an accident at Massey's Justice No. 1 mine in October 2008.

Government investigators concluded Cain, who had just a few months of mining experience, was crushed to death between an underground railroad car and the wall of the Boone County mine.

Virginia-based Massey owns the Upper Big Branch mine in Raleigh County, where 29 men died and two were injured in an April 5 explosion. The blast is the subject of civil and criminal investigations. Massey operates mines in West Virginia, Kentucky and Virginia.


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