Ex-SCANA CEO gets prison sentence for role in SC nuclear project failure, doc outlines
The former CEO of SCANA, who helped cover up the failure of the V.C. Summer nuclear project failure, appears set to serve two years in prison, according to a document filed ahead of his sentencing hearing Thursday.
Kevin Marsh pleaded guilty earlier this year to federal conspiracy fraud charges involving a cover-up of financial troubles in the now abandoned V.C. Summer nuclear project.
Marsh is scheduled to be formally sentenced Thursday morning at the federal courthouse in Columbia before U.S. Judge Mary Lewis.
In a filing from Marsh’s attorneys, the prosecutors and defense attorneys have agreed to recommend a two-year term in prison.
As described by federal attorneys in public hearings and documents, Marsh’s role in the fraud was to conceal from the public, investors and regulators how much behind schedule the nuclear plant project really was. But making false and optimistic statements about the project’s progress, positive statements by Marsh and others kept SCANA’s stock price propped up, according to federal prosecutors.
Marsh has paid $5 million in restitution and cooperated fully with federal and state law enforcement authorities in their ongoing investigations of events surrounding the V.C. Summer nuclear project.
That cooperation has been extensive and led to the successful prosecution of others involved in the scandal, Marsh’s lawyers noted in their pre-sentence brief.
“Kevin has spent no less than 33 hours over the course of eight days of meetings with the government, answering their questions fully and truthfully, and providing substantial assistance in the investigation and prosecution of other persons.
“Attorneys with the Grand Jury Division of the South Carolina Attorney General’s Office have advised that Kevin provided and promises to continue to provide substantial cooperation to state authorities. As this court will hear from the government, Kevin’s cooperation has been extraordinary: he contributed directly and materially to the investigation and prosecution of others involved in the V.C. Summer nuclear project,” the brief said.
Officials with Westinghouse, the contractor that SCANA hired to build the nuclear reactors, also made falsely optimistic statements about the progress of the project, according to federal prosecutors.
Two other people — former SCANA top executive Stephen Byrne and former Westinghouse vice president Carl Churchman — have pleaded guilty to various counts of fraud in the case. Bryrne and Churchman have not been sentenced.
Another former Westinghouse official, Jeffrey Benjamin, has also been indicted on fraud charges in the case. He’ll likely go on trial.
In their pre-sentence brief, Marsh’s attorneys wrote that he will be away from his wife, Sue, who has terminal and incurable metastatic breast cancer, and wants to start his prison sentence as soon as possible.
“Kevin hopes to be designated as soon as possible so that he can serve his time and then return home to care for Sue,” Marsh’s attorneys Derk Van Raalte and Anne M. Tompkins wrote in a court filing.
In letters to Lewis, Marsh’s former colleagues described him as an executive who helped employees meet their professional goals.
“Kevin was an extremely generous boss and was always willing to make time to meet with and take care of the needs of employees.” wrote Paula Rowland, who was Marsh’s personal assistant for 20 years.
This story was originally published October 4, 2021 at 11:36 AM.