[IP] Behind the Justice Department's Shift on Tobacco
Begin forwarded message:
From: johnboz2@xxxxxxxxxxx
Date: June 16, 2005 11:41:00 AM EDT
To: dave@xxxxxxxxxx
Subject: A washingtonpost.com article from: johnboz2@xxxxxxxxxxx
You have been sent this message from johnboz2@xxxxxxxxxxx as a
courtesy of washingtonpost.com
Personal Message:
A follow-up to the post of the NYT story that Bob Berger sent, Dave.
Behind the Justice Department's Shift on Tobacco
A June 10 editorial said that the Justice Department's decision to
reduce from $130 billion to $10 billion the amount it sought from the
major tobacco companies in its fraud case "appears to be the result
of political pressure." It also came to the offensive and unfounded
conclusion that the change was not based on the "legal merits" of the
case as assessed by "career lawyers."
I am a senior member of the Justice Department section involved
with enforcement of racketeering laws. In 1998 the office of
Attorney General Janet Reno asked whether it would be appropriate to
bring civil racketeering claims against the tobacco industry for
defrauding the public. I recommended that such a lawsuit be brought,
and I have been a member of the case's trial team ever since.
At the trial, Michael C. Fiore testified that a smoking-cessation
program that would enable smokers who wished to quit to do so would
cost $130 billion and take 25 years. However, the legal requirements
that the appeals court established for the case said specifically
that any remedy must be limited to addressing future violations of
the law by the tobacco companies and may not seek to address the
injuries caused by their past fraudulent conduct.
I was concerned that a reviewing court might conclude that Dr.
Fiore's proposal would not satisfy that standard, so I recommended
that the department present to the court a modified program designed
to comply with the appeals court's decision. My recommendation was
adopted.
With respect to the editorial's allegation that witnesses were
asked to soften their testimony, I was concerned that some witnesses
were seeking to propose remedies that would violate the Constitution
and laws and that the Justice Department could not endorse such
proposals. As a result, the department determined that the witnesses
it put on the stand had to include in their testimony a statement
that they spoke only for themselves and not for the department -- as
they then did.
Both my parents died of smoking-related illnesses, and I yield to
no one in my desire to devise remedies to help addicted people stop
smoking. However, as a public official and an officer of the court,
my actions must comport with the rule of law. My actions and those of
other career prosecutors involved in this case have done just that.
FRANK J. MARINE
Washington
The writer is senior litigation counsel in the Organized Crime and
Racketeering Section of the Criminal Division of the Justice Department.
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