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US Department of Justice RICO Suit Against Tobacco Companies
The Verdict is In: Findings
from United States v. Philip Morris (TCLC) (PDF) - a compilation
of select quotes from 1,259 pages of Findings in a legal document
over 1,700 pages long.
United
States v. Philip Morris, Civil Action No. 99-2496 (U.S. District
Court for D.C., Aug. 17, 2006)
- On September 22, 1999, the United States filed a lawsuit against the major cigarette manufacturers and two industry affiliated organizations alleging violation of the Racketeer Influence and Corrupt Organizations Act (RICO). (The original complaint included additional allegations that were dismissed in 2000.) The complaint alleged that the defendents had marketed to children and had fraudulently covered up the dangers of tobacco use.
- On February 4, 2005, the Court of Appeals for the D.C. Circuit reversed the district court and held that the Justice Department could not seek disgorgement of the $280 billion in allegedly ill-gotten gains amassed by the cigarette manufacturers between 1971 and 2001. In a 2-1 decision, the majority found that the disgorgement is not an available remedy under the civil provision of RICO. The Court found that the relevant provision of RICO provides for "forward-looking remedies" only, and that disgorgement is "a remedy aimed at past violations" and therefore not appropriate.
- On April 20, 2005, the full Court of Appeals for the D.C. Circuit declined to reconsider this ruling.
- On July 18, 2005, the Justice Department filed a petition to the U.S. Supreme Court to review the ruling by the U.S. Court of Appeals for the D.C. Circuit that prevented the government from seeking disgorgement of $280 billion. A copy of the petition can be found here. The Supreme Court declined to review the decision at that time, but left open the possibility that it would review the decision after the trial was completed.
- The trial lasted from September 21, 2005 to June 9, 2006. U.S. District Court Judge Gladys Kessler presided.
- On August 15, 2005, the Justice Department filed an Executive Summary of its Proposed Findings of Fact. A copy of the summary can be found here.
- On August 17, 2006, Judge Kessler ruled that the tobacco industry had violated the RICO statute. Judge Kessler found in favor of the Department of Justice on nearly all allegations, including that the tobacco companies purposely deceived the public about the dangers of smoking and secondhand smoke, the hazards of “low tar” cigarettes, and their marketing of cigarettes to children. Because of the appeals court ruling that limited remedies to those that restrain future violations, Judge Kessler felt that she was unable to impose most of the penalties proposed by the Government. The judge did prohibit the tobacco industry from marketing their cigarettes using descriptors that convey any diminished effect on health, and she ordered the companies to begin a newspaper and television advertising campaign to correct their past misrepresentations about the health effects of smoking.
Summary
of Remedies Imposed by Judge Kessler (Campaign for Tobacco-Free
Kids) (PDF)
Judge
Kessler's Findings Against the Tobacco Industry (Campaign for Tobacco-Free
Kids) (PDF)
Judge
Kessler's Ruling and Rationale on All Remedies (Campaign for Tobacco-Free
Kids) (PDF)
- An appeal to the D.C. Circuit Court of Appeals is likely. If the Justice Department appeals Judge Kessler's ruling on remedies, the D.C. Circuit is likely to reaffirm its prior decision. However, once the D.C. Circuit Court reviews Judge Kessler's ruling, the Department of Justice would have another opportunity to petition the Supreme Court for a review of the ruling regarding the limitations on remedies.
- More information about this case is available from the Campaign for Tobacco-Free Kids.
Information and documents relating to the case are available from the U.S. Department of Justice.
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