Appeals Court: Gov't Can't Seek $280B From Tobacco

FoxNews ^ | 2/4/05 | Unknown

[Blood of Tyrants]

A federal appeals court on Friday ruled that the Justice Department cannot force cigarette makers to pay up to $280 billion in past profits as part of its racketeering case against the industry.

The Court of Appeals for the District of Columbia ruled 2-1 that federal law does not provide for the monetary "disgorgement" penalty the government is seeking as part of the case that went to trial in September.

"We hold that the language of [the racketeering law] and the comprehensive remedial scheme of [the racketeering law] preclude disgorgement as a possible remedy in this case," the opinion of the majority said.

The decision strips the government of its most powerful weapon in the case.

[Blood of Tyrants]

I hope that the lawyers that were counting on a multi-billion dollar payday are out on the window ledge as we speak.

[Rebelbase]

"I hope that the lawyers that were counting on a multi-billion dollar payday are out on the window ledge as we speak."

Bump

[thulldud]

...federal law does not provide for the monetary "disgorgement" penalty the government is seeking...

And it never will -- the feds would be hoist on their own petard in that case. If they had to "disgorge" all the money they have extorted and spent on buying the votes of favored groups, we would be walking on it with snowshoes.

[Servant of the 9]

This lawsuit was started under Clinton/Jannet Reno and when Ashcroft became Bush's AG he wanted to drop the suit because he daid the courts wouldn't uphold it.

Congress put in a line item in the budget requiring him to continue with the suit.

Now, the day after he leaves office, the courts have agreed with him and stuck it to Congress.

So9

[unixfox]

Good Guys - 1

Tyrants - 17876120

[steveegg]

This lawsuit was started under Clinton/Jannet Reno and when Ashcroft became Bush's AG he wanted to drop the suit because he daid the courts wouldn't uphold it.

Congress put in a line item in the budget requiring him to continue with the suit.

Now, the day after he leaves office, the courts have agreed with him and stuck it to Congress.

It bears repeating. Good show of the appeals court.

[SheLion]

[steveegg]

"The Gnatzis finally lose one" ping

[SheLion]

I hope that the lawyers that were counting on a multi-billion dollar payday are out on the window ledge as we speak.

And so do I!

[Argh]

Yay!

[SheLion]

"The Gnatzis finally lose one" ping

hehe!

[soccer_linux_mozilla]

the gov't will find a way to raise taxes to make up for the lost $billion$

[Mears]

Bump!

[Howlin]

What the government wanted was every penny the tobacco companies have made since they started selling cigarettes!

[CyberAnt]

FOX just reported that this lawsuit was started under Janet Reno - when Ashcroft got into office he stopped it saying the govt didn't have the right to ask for that money in the first place.

Somebody in the Congress added the suit back into some legislation - funding the suit, and the DOJ was forced to follow through.

I'm glad to see that Ashcroft's opinion was correct from the begining.

[Sunshine Sister]

HA HA HA HA! Take that you jackass lawyers and gubmint busybodies!

[Waco]

The Fed/Guv taxed cigs for years not to discourage smoking, but for the $$$. The Gov't should be held 25% liable, not on the collecting end of a lawsuit. Same goes for the States.

[Lexinom]

That's good. They are making a legal product and meeting a demand. And my pipe tobacco is expensive enough (really feel sorry for cigarette smokers)...

[dread78645]

> "I hope that the lawyers that were counting on a multi-billion dollar payday are out on the window ledge as we speak."

Bump

ayiee ... Thump.

[evad]

>>Yay!<<

Let's hear it again....YAAAAAY!!!!!