FILE - J. Davitt McAteer, the state's lead investigator into the Sago coal mine disaster, takes questions at a West Virginia Coal Mine Safety Board meeting in Charleston, W.Va., in this Aug. 16, 2006 file photo. Federal documents filed by a NASA fraud investigator indicate a former head of the Mine Safety and Health Administration and the Catholic college in West Virginia where he works conspired for six years to misuse millions of grant dollars from the space agency for personal gain and the school's benefit. The allegations are contained in an affidavit that an agent in the NASA Office of Inspector General used to obtain search warrants in an active criminal investigation of mine safety expert J. Davitt McAteer and his alma mater and current employer, Wheeling Jesuit University. McAteer's attorney, Stephen Jory, did not immediately return a message Friday night April 13, 2012 seeking comment. (AP Photo/Bob Bird, File)

Associated Press
FILE - J. Davitt McAteer, the state's lead investigator into the Sago coal mine disaster, takes questions at a West Virginia Coal Mine Safety Board meeting in Charleston, W.Va., in this Aug. 16, 2006 file photo. Federal documents filed by a NASA fraud investigator indicate a former head of the Mine Safety and Health Administration and the Catholic college in West Virginia where he works conspired for six years to misuse millions of grant dollars from the space agency for personal gain and the school's benefit. The allegations are contained in an affidavit that an agent in the NASA Office of Inspector General used to obtain search warrants in an active criminal investigation of mine safety expert J. Davitt McAteer and his alma mater and current employer, Wheeling Jesuit University. McAteer's attorney, Stephen Jory, did not immediately return a message Friday night April 13, 2012 seeking comment. (AP Photo/Bob Bird, File)
FILE - J. Davitt McAteer, the state's lead investigator into the Sago coal mine disaster, takes questions at a West Virginia Coal Mine Safety Board meeting in Charleston, W.Va., in this Aug. 16, 2006 file photo. Federal documents filed by a NASA fraud investigator indicate a former head of the Mine Safety and Health Administration and the Catholic college in West Virginia where he works conspired for six years to misuse millions of grant dollars from the space agency for personal gain and the school's benefit. The allegations are contained in an affidavit that an agent in the NASA Office of Inspector General used to obtain search warrants in an active criminal investigation of mine safety expert J. Davitt McAteer and his alma mater and current employer, Wheeling Jesuit University. McAteer's attorney, Stephen Jory, did not immediately return a message Friday night April 13, 2012 seeking comment. (AP Photo/Bob Bird, File)
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