Behind the Justice Department's Shift on Tobacco

[David Farber <dave () farber net>]

Begin forwarded message:

From: johnboz2 () netzero net
Date: June 16, 2005 11:41:00 AM EDT
To: dave () farber net
Subject: A washingtonpost.com article from: johnboz2 () netzero net


You have been sent this message from johnboz2 () netzero net 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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