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USA v. Philip Morris USA, INC.
Final Opinion issued by Judge Kessler
Final Judgment and Remedial Order issued by Judge Kessler
http://coop.dcd.uscourts.gov/99-2496-082006b.pdf
RICO Part Two
– A Newsletter Reader
Read the Newest Articles at: RICO Part Four
Federal Judge Questions Data Used by Smokers to Define Class
September 14, 2006
Tom Perrotta, New York Law Journal
A federal judge Wednesday expressed skepticism over a proposed class action lawsuit that would seek as much as $200 billion in damages against the tobacco industry for its allegedly deceptive marketing of light cigarettes.
A Judge Accepts a Claim Paralleling the Mafia and the Tobacco Industry
By ANTHONY J. SEBOK
Sep. 12, 2006
On August 17, Judge Gladys Kessler of the U.S. District Court for the District of Columbia issued a 1683 page set of findings and order that ended one of the longest, strangest suits the tobacco companies have ever had to face. The decision is remarkable–it is an exhaustive and careful consideration of claim that the tobacco industry is, well, like the mafia. And the judge basically said: Yes. It is.
Read More
August 25, 2006
by Chris Grenz and Mark Kind
A federal judge virtually abolished tobacco research groups that originally were created decades ago by attorneys, including those with Kansas City-based Shook Hardy & Bacon LLP, branding the activities as “racketeering.”
Tobacco Ruling Fuels Calls for New Laws
August 18, 2006
By NANCY ZUCKERBROD
Both Philip Morris and R.J. Reynolds lawyers said they thought Kessler overstepped her authority by ordering remedies that only Congress has the power to impose on cigarette makers.
8/17/06
WASHINGTON – A federal judge ruled Thursday that the nation’s top cigarette makers violated racketeering laws, deceiving the public for years about the health hazards of smoking, but said she couldn’t order them to pay the billions of dollars the government had sought.
8/17/06
WASHINGTON – Cigarette makers escaped major financial penalties Thursday, even though a federal judge found them liable for violating racketeering laws in a decades-long conspiracy to hide the dangers of smoking.
U.S. District Judge Gladys Kessler ruled that a group of tobacco companies had broken the law, but could not be forced to pay monetary penalties such as funding a large anti-smoking campaign, as the government had sought.
Philip Morris USA and Altria Will Seek Appellate Review of Decision in DOJ Case
August 17, 2006
Philip Morris USA and its parent company, Altria Group, Inc., will seek review of U.S. District Court Judge Gladys Kessler’s ruling today that PM USA, Altria Group and the other cigarette companies violated civil provisions of the Racketeer Influenced Corrupt Organizations (RICO) Act.
The court refused to order the companies to pay $10 billion for a smoking cessation program or $4 billion for a “counter-marketing” youth advertising program sought by the government but found, among other things, the companies must remove descriptors such as “light” or “ultra light” from cigarette packages and publish statements concerning smoking and health issues.
“Philip Morris USA and Altria Group, Inc. believe much of today’s decision and order are not supported by the law or the evidence presented at trial, and appear to be Constitutionally impermissible or infringe on Congress’ sole right to provide for the regulation of tobacco products,” said William S. Ohlemeyer, Altria Group vice president and associate general counsel.
“Moreover, the conclusion that PM USA and Altria are reasonably likely to engage in future wrongdoing is flawed in light of the profound and permanent changes in the way cigarettes are marketed today, including requirements imposed by agreements with the state attorneys general and other voluntary – and irrevocable – changes made by our companies,” he said..
Ohlemeyer said the companies are studying the lengthy decision and will decide whether to first seek further review in the trial court or appeal directly to the U.S. Circuit Court of Appeals for the District of Columbia.
Professor
Associate Chair of Academics
Social and Behavioral Sciences Department
Boston University School of Public Health
Tobacco Road: DOJ Accuses Interest Group of Holding E-mails
By Emma Schwartz, Legal Times
July 18, 2006
The Justice Department is opposing public questioning of a former department official in a lawsuit stemming from the government’s landmark case against the tobacco industry.
On Monday, CREW asked Sullivan to address the issue after a federal magistrate sided with the department.
Federal Judge Allows CREW to Take Deposition of Top DOJ Official; Court Finds DOJ Failed to Comply with FOIA Obligations
By PETE YOST
Justice Department tobacco litigation: http://www.usdoj.gov/civil/cases/tobacco2/
Altria Group Inc.: http://www.altria.com/
By Jacob Sullum
October 25, 2005
The Justice Department’s lawsuit against the country’s leading tobacco companies accuses them of “racketeering.” Yet the government’s lawyers are the ones behaving like mobsters. Once you cut through the legalese, the message they’re sending is clear: “Nice business you’ve got here. It would be a shame if something happened to it.”
The District Judge’s RICO Ruling, and Why It Is Likely to Be Reversed
By ANTHONY J. SEBOK anthony.sebok@brooklaw.edu
October 18, 2005 United States v. Philip Morris et al. is a massive civil racketeering suit now being tried in Washington D.C. The suit is yet one more battle in a bizarre and hard fought legal war between Big Tobacco and its enemies. In it, the Department of Justice seeks a court order telling the tobacco companies to “disgorge” (that is, pay to the government) $280 billion dollars in allegedly ill-gotten profits.
-By Brian Blackstone, Dow Jones Newswires; 202-828-3397; brian.blackstone@ dowjones.com
(Christina Cheddar Berk contributed to this article)
(END) Dow Jones Newswires
10-17-051332ET
After the Circuit Court ruled, Judge Kessler said that decision was a significant blow to the government’s case. The Justice Department, in a move that has led to an internal investigation within the Department, has pared down the alternative remedies it is seeking, if a RICO violation is found.
Read
Garnet Dawn
The Smoker’s Club, Inc.
October 4, 2005 By Michael Siegel.
The Campaign for Tobacco-Free Kids has attacked the tobacco industry for making a huge investment in lobbying Congress for its interests, chief of which is the FDA legislation that the Campaign is itself supporting.
Read
Even big guys deserve a fair trial
September 29, 2005 By Andres Martinez.
ARGUABLY THE dopiest question asked of John G. Roberts Jr. during his confirmation hearing was whether he would side with the “little guy” or the “big guy” in his judicial rulings.
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Americans for Nonsmokers’ Rights (ANR) Should Stick to Public Health, Not Political Attacks and Smear Campaigns
September 28, 2005 By Michael Siegel.
As a former Board member of Americans for Nonsmokers’ Rights (ANR), it saddens me to see the depths to which the organization has sunk in recent years, and especially in the past weeks, as a group that I thought was committed to integrity in its pursuit of public health goals has increasingly become involved in unwarranted political attacks, inappropriate intervention in litigation affecting the public’s interests, and misleading smears against individuals and groups.
Read
Campaign for Tobacco-Free Kids Calls Reduced Smoking Cessation Remedy a Travesty of Justice
September 14, 2005
By Michael Siegel
In an action alert of that date, the Tobacco-Free Kids Action Fund told the group’s constituents that DOJ was letting Big Tobacco off the hook and that the Campaign for Tobacco-Free Kids would step in and “fight back.”
9/11/05 By Michael Siegel.
If anything, I think it is the over-zealous and seemingly greedy obsession, on the part of anti-smoking organizations, with huge monetary remedies that are inconsistent with the law that is going to hurt the case more than anything else…
September 1, 2005 WASHINGTON -(Dow Jones)- Public health groups have asked a federal judge to revive a massive tobacco-funded smoking cessation program as part of the Justice Department’s fraud suit against the industry weeks after DOJ sharply scaled back its own cessation proposal.
U.S, tobacco companies propose racketeering case findings
August 15, 2005 By Tim Dobbyn
Tobacco companies countered that the government’s case ignored restrictions placed on the industry in a 1998 settlement with state attorneys general and had failed to show the formation of a unlawful enterprise, as required to prove racketeering.
http://news.yahoo.com/
Citizens’ Commission Asks Judge Kessler for Inquisition into Remedy Change; Again Fails to Disclose Conflict of Interest
July 28, 2005 The Citizens’ Commission to Protect the Truth has asked Judge Kessler to conduct an inquisition into the reasons for the Department of Justice’s decision to reduce its requested remedy for a national smoking cessation program from $130 billion to $10 billion.
http://tobaccoanalysis.blogspot.com/
A Late Twist in the Tobacco Case
Judge to Let Groups Seek Tougher Penalty if Companies Lose
July 23, 2005
By Marc Kaufman, Washington Post Staff Writer
Six weeks after the two sides rested in the Justice Department’s racketeering case against the cigarette industry, the presiding federal judge agreed yesterday to let six public interest groups intervene and argue for tougher punishment if the government wins.
http://www.washingtonpost.com/
July 22, 2005
WASHINGTON, July 22 (Reuters) – A federal judge said on Friday she will consider the views of anti-smoking and health advocates if she decides to impose sanctions against cigarette makers in the U.S. government’s racketeering case against against the industry.
http://yahoo.reuters.com/
