DoJ tobacco lawsuit rocked by Rico ruling

The DC Court of Appeal has blocked the DoJ’s attempts to seek profit disgorgement

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The Department of Justice’s $280 billion lawsuit against the tobacco industry may be up in smoke. In early February, the US Court of Appeals for the District of Columbia ruled that the civil Racketeer Influenced Corrupt Organizations (Rico) Act does not permit the government to seek disgorgement of past revenues and profits as a remedy in its case against the six largest tobacco companies.

“The specific Rico provision that the government has invoked does not allow for an award of disgorgement,”

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