UNITED STATES OF AMERICA, and v. Civil Action No. 99-CV-02496 (GK) |
In the U.S. Government racketeering case against tobacco companies, on August 17, 2006 the companies were found guilty of racketeering in a ruling by Judge Kessler, U.S. District Court for the District of Columbia. Summary of Implications and
Remedies |
Implications of decision: 1) forever brand the cigarette companies as racketeers; [There will be considerable work involved in capitalizing on the decision, however] Remedies: 1) Prohibition of brand descriptors like “low tar,” “light,”
“ultra light,” “mild,” “natural,”
and any other words which reasonably could be expected to result in
a consumer believing that smoking the cigarette brand using that descriptor
may result in a lower risk of disease or be less hazardous. These statements will appear on the Defendants' websites; on or in all cigarette packs; in full page ads in all major newspapers; retail countertop displays; and primetime network TV spots. Such disclosures will really educate consumers and, to a large extent, help to inoculate them against the massive cigarette company public relations and image rehabilitation campaigns that have been going on throughout the decade. 3) Make all litigation document and key evidence available on Defendants'
websites through 2016. See full Tobacco Products Liability Project press release from which the above Implications and Remedies were exerpted » Click Here U.S. Department of Justice In the course of trial that began in September 2004 and lasted nearly nine months, the United States established facts that prove that each of the Defendants in this action has committed violations of Sections 1962(c) and 1962(d) of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-1968, as alleged in Counts 3 and 4 of the United States' First Amended Complaint. The evidence introduced by the United States – presented through 58 live witnesses, over 10,000 documents, and testimony of 120 witnesses appearing by prior designation – proves that Defendants have engaged in a massive 50-year scheme to defraud the American public, including consumers of cigarettes, and that Defendants' past and ongoing conduct establishes a reasonable likelihood of future violations. Accordingly, the totality of the evidence compels a finding that Defendants have violated RICO and warrants imposition of equitable relief to prevent and restrain Defendants from committing ongoing and future violations. The evidence supporting these findings is set forth in the United States' Post-Trial Proposed Findings of Fact. [Source] Download full August 2005 USDOJ Proposed Findings Executive Summary (pdf, from the Tobacco Public Policy Center web site.) |
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