What is the industry arguing?
Originally the Defendants argued that the case was baseless and politically motivated, but the judge has consistently refused to dismiss the government’s RICO claims because she believes that the government’s allegations, if true, would meet the requirements of RICO. The industry also argues that they have reformed themselves because of the 1998 Master Settlement Agreement (MSA) with the state Attorneys General. The government is expected to show that the industry has repeatedly violated the MSA and that the MSA does not address many of the remedies that the government is seeking. On May 6, 2004, Judge Kessler ruled that the existence of the MSA cannot establish, as a matter of law, that there is not reasonable likelihood of Defendants committing future violations.” Among other things, she found that Congress has given the obligation to enforce RICO to the federal government, not the states; the MSA itself precludes Defendants from relying upon it in this lawsuit; and the government se
