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New York Times
Tobacco Racketeers Get Off Easy
If only a public shaming were enough to punish the tobacco industry for its half-century of deception in promoting a product so damaging to the nation’s health. There are plenty of shameful acts depicted in a voluminous court opinion issued last week that found that five big tobacco companies had violated civil racketeering laws. But there is apparently nothing that can be done to force them to disgorge their ill-gotten profits or punish them for past mendacities. . . .

But she felt hemmed in by an appeals court decision, which held that under the civil racketeering statute, no damages could be imposed for past misdeeds, only remedies to restrain future misconduct. . . .

Even these remedies may be appealed by the companies. The prospects for reining in this rogue industry seem limited unless Congress finds the gumption to crack down — or top tobacco executives develop a conscience and decide to get out of the death-dealing business.
[21 August, Monday, 2006, 06:03:19]

Convenience Store News
http://all-discount-cigarettes .com/
Supporters - including the New York Association of Convenience Stores (NYACS) -- were disappointed in Governor George Patakis veto of a bill that prohibited manufacturers from providing tobacco to distributors that are known for providing unstamped cigarettes to Native American tribes.

Were dismayed, but given Governor Pataki abysmal record on this issue, were not surprised, said James Calvin, president of NYACS. The reality, however, is that anything Mr. Pataki does or says on the tax fairness issue is no longer relevant.

The fight is not over, however. The state legislature could override the veto with a two-thirds majority vote in both houses. When the legislature returns in September, NYACS plans to lobby for a vote at that time. . . .

Another setback comes in the form of a temporary restraining order in a New York Supreme Court case involving Day Wholesale, a distributor that is charged with supplying untaxed cigarettes to Native American tribes.

The restraining order will be in effect until Sept. 25, when defendants, including Day Wholesale, the Attorney Generals Office and the State of New York, will discuss the cases merits to Judge Sconiers. The restraining order bans the state from enforcing the law against supplying retailers with untaxed cigarettes
[21 August, Monday, 2006, 06:01:55]


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