Former Westinghouse Senior VP charged for role in V.C. Summer project

COLUMBIA, SC (WOLO)– According to Acting United States Attorney for the District of South Carolina M. Rhett DeHart, former Westinghouse Electric Company Senior Vice President Jeffrey A. Benjamin has been charged for his role in failing to truthfully report about the construction of new nuclear units at the V.C. Summer nuclear plant.

Authorities say Benjamin served as Senior Vice President for New Plants and Major Projects, and he supervised new nuclear projects during the V.C. Summer project. Officials say he is charged with 16 felony counts, including conspiracy and causing a publicly-traded company to keep a false record through a federal indictment. Authorities say he faces a maximum penalty of 20 years in prison and a $5,000,000 fine.

“Our commitment to investigate and prosecute the V.C. Summer nuclear debacle has never wavered,” said Acting U.S. Attorney DeHart.  “While the indictment – and the allegations contained within – speak for itself, it is further proof of our commitment to seek justice for South Carolina ratepayers and all others affected by the V.C. Summer project failure.”

According to the indictment, Westinghouse had direct control over the construction of the V.C. Summer project from 2016-2017. The indictment alleges that Benjamin received information that the units in the project were materially behind schedule and over budget, and he assured owners that the units would be completed on schedule. The indictment further alleges that he took steps to conceal information about the project schedule from owners.

“This indictment with its attendant allegations and charges is another step toward justice for all those responsible for the V.C. Summer nuclear plant fiasco,” said FBI Special Agent in Charge Susan Ferensic.  “The FBI has devoted substantial resources to investigating this matter and will continue to work with the United States Attorney’s Office, the South Carolina State Law Enforcement Division, and the South Carolina Attorney General’s Office to find facts and prove criminal conduct.”

Authorities say Benjamin is the fourth person to be charged in this investigation. Officials say former SCANA CEO Kevin Marsh, former SCANA Executive Vice President Stephen Byrne and former Westinghouse Vice President Carl Churchman all pleaded guilty to charges for their roles.

Firm Chair of Pillsbury Winthrop Shaw Pittman LLP’s Government and Internal Investigations and White Collar Defense William M. Sullivan, Jr. sent the following statement to ABC Columbia on behalf of his client, Jeff Benjamin:

“The Government has brought baseless charges against Jeff Benjamin with no evidence beyond the self-serving statements of a witness who admitted under oath in open court to making false accusations against Mr. Benjamin, and representatives of the project’s owners who admitted their own fraud and who do not and cannot implicate my client, but nevertheless seek to lessen their own criminal sentences.

The Government’s own self-described main witness against Mr. Benjamin has already admitted under oath and pled guilty that he falsely accused Mr. Benjamin to the FBI. It was this discredited witness who was the responsible project manager and primary communicator of schedule status with SCANA and Santee Cooper (the owners). The discredited witness constantly conveyed confidence in the completion schedules which are at the heart of these charges to both of the owners, to Mr. Benjamin, and to his employer.

Jeff Benjamin – a husband, father and accomplished professional responsible for a number of successful nuclear plants around the world – is innocent of these charges. We are
confident a jury of his peers will agree and correct the Government’s unwarranted attack with a not-guilty verdict after trial.

The SCANA executives who profited substantially from the debacle have already pled guilty to their own fraud – without implicating Mr. Benjamin in any way. This misguided
perpetuation of the V.C. Summer investigation with charges against Mr. Benjamin has become its own waste of taxpayer money and resources on a wholly unfounded and meritless prosecution.”