June 29 (Reuters) - A U.S. federal appeals court hasreinstated a criminal charge of obstruction of Congress againsta former BP Plc executive accused of downplaying theseverity of the 2010 Gulf of Mexico oil spill.
The 5th U.S. Circuit Court of Appeals in New Orleans onFriday said a lower court judge misinterpreted the obstructionstatute in dismissing the charge against David Rainey, a formerBP exploration vice president.
Rainey was also charged with making false statements tolaw-enforcement agents, which was not at issue in thegovernment's appeal. He has pleaded not guilty.
The April 20, 2010, explosion of the Deepwater Horizon rigled to 11 deaths and the largest U.S. offshore oil spill.
Prosecutors accused Rainey of telling the House ofRepresentatives Subcommittee on Energy and Environment on May 4,2010, and in a subsequent letter that just 5,000 barrels of oila day were being released, when his own estimates suggested amuch higher flow rate.
In May 2013, U.S. District Judge Kurt Engelhardt dismissedthe obstruction charge, calling it uncertain whether the law,which refers to "any committee of either House," applied tosubcommittees as well. He also said the indictment did notallege that Rainey knew of the subcommittee probe he allegedlyobstructed.
Overturning that ruling, Circuit Judge Stephen Higginsonwrote for a three-judge 5th Circuit panel that the law's "plainmeaning" shows that subcommittees are covered.
He also said that while the indictment did not "exactlyrecite" that Rainey knew of the probe, one could "fairly import"such knowledge from its details.
Michael Magner and Reid Weingarten, two of Rainey's lawyers,did not immediately respond on Sunday to requests for comment.
BP agreed in November 2012 to pay $4.5 billion in fines andother penalties and plead guilty to criminal charges related tothe spill.
Three people have also been criminally charged.
Former BP engineer Kurt Mix on June 12 won a new trial as afederal judge threw out his conviction on an obstruction charge,citing misconduct by the jury forewoman.
Two rig supervisors, Robert Kaluza and Donald Vidrine, havepleaded not guilty to involuntary manslaughter charges.
The case is U.S. v. Rainey, 5th U.S. Circuit Court ofAppeals, No. 13-30770. (Reporting by Jonathan Stempel in New York; Editing by MohammadZargham)