Take Action: Protect the Integrity of the U.S. Department of Justice
RICO Case Against Big Tobacco!
On August 17, 2006, Judge Gladys Kessler ruled in favor of the government in its case against big tobacco, ruling that the tobacco companies violated civil racketeering laws and defrauded the American people by lying for decades about the health risks of smoking and their marketing to children. Judge Kessler stated: (The tobacco companies) "marketed and sold their lethal product with zeal, with deception, with a single-minded focus on their financial success and without regard for the human tragedy or social costs that success exacted. The evidence in this case clearly establishes that Defendants’ have not ceased engaging in unlawful activity... Their continuing conduct misleads consumers in order to maximize Defendants revenues by recruiting new smokers (the majority of whom are under the age of 18), preventing current smokers from quitting, and thereby sustaining the industry.”
Although the case has been appealed, it remains good law, and the defendants have not challenged any of the factual findings. The court has placed the judgment allowing the remedies to proceed on hold, pending appeal; however, that does not affect your ability to use the court’s findings. Don’t let this important ruling and recommended remedies fade into the background, or – worse yet – allow the industry to negotiate a deal that would include erasing or making the findings private and confidential. The public has the right to know!
The litigation was just the beginning. How the government proceeds in the case, and what tobacco control advocates do with the findings and remedies, is critical to preserving the intent and importance of the case: to hold big tobacco accountable for wrongdoings by requiring the industry to change its behavior and provide remedies for all of those who suffered as a result of its fraudulent, unlawful business practices.
Here are some action steps to let your voice be heard!
1. Write to the Department of Justice
Tell Attorney General Michael Mukasey not to sell us out on this case, and let him know you expect the Department to pursue the strongest remedies and to hold the industry accountable for 50 years of defrauding the American public. Strongly urge him not to settle or capitulate on the remedies or negotiate any deal that would allow the industry to wipe away Judge Kessler’s findings.
Michael Mukasey, Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
or via e-mail at AskDOJ@usdoj.gov
Tell Acting AG Keisler not to sell us out on this case, and let him know you expect the Department to pursue the strongest remedies and to hold the industry accountable for 50 years of defrauding the American public. Strongly urge him not to settle or capitulate on the remedies or negotiate any deal that would allow the industry to wipe away Judge Kessler’s findings.
Peter D. Keisler, Acting Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
or via email at AskDOJ@usdoj.gov
2. Write to your Congressional representatives:
Tell your senators and representative that you want big tobacco held accountable for 50 years of defrauding the American public. Urge him or her to oppose any government settlement or capitulation on the remedies. Let them know the findings of Judge Kessler are crucial and that the public must be made aware of the tobacco industry’s history of deception and fraud.
Office of Representative (Name)
United States House of Representatives
Washington, D.C. 20515
Or visit http://www.house.gov/writerep/ to find the exact address for your U.S. Representative
Office of Senator (Name)
United States Senate
Washington, D.C. 20510
Or visit http://www.senate.gov/general/contact_information/senators_cfm.cfm to find the exact address for your Senator
You can also write to/copy the state home office to be sure staff in D.C. and his or her home state are educated and aware of your concerns!
3. Write to the U.S. Department of Health and Human Services (DHHS) The DHHS was the Justice Department’s client agency that it represented in the tobacco litigation. Ask them to contact the Department of Justice and make it clear that the case is to be aggressively pursued, especially in light of recent scientific reports from the Surgeon General and the Institute of Medicine on deadly effects of secondhand smoke.
Michael O. Leavitt, Secretary of Health and Human Services
The U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201
(877) 696-6775
4. Write a Letter to the Editor of your local paper
Look for opportunities to keep these findings in the public eye. If your community or state is facing opposition to a proposed passage or implementation of smokefree law or tobacco tax, be sure to share the findings from the case to illustrate that the industry cannot be trusted and are not “good corporate citizens.” You can review the resources below for key quotes from Kessler’s findings that would be most appropriate.
For summary reports on the case, the findings, and the remedies, visit:
http://www.tobaccolawcenter.org/dojlitigation.html
http://www.tobaccofreekids.org/reports/doj/
http://www.no-smoke.org/learnmore.php?id=509
Cynthia Hallett
ATOD Governing Councilor